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117-s-2714 | II 117th CONGRESS 1st Session S. 2714 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Menendez (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide funds for administration of the earned income tax credit in Puerto Rico.
1. Funding for administration of Puerto Rico earned income tax credit Section 7530(a)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: (B) in the case of calendar years 2021 through 2025, the lesser of— (i) the expenditures made by Puerto Rico during all such calendar years for administration of the earned income tax credit for taxable years beginning in or with such calendar years, or (ii) $4,182,117, plus . | https://www.govinfo.gov/content/pkg/BILLS-117s2714is/xml/BILLS-117s2714is.xml |
117-s-2715 | II 117th CONGRESS 1st Session S. 2715 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Menendez (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the rules for constructive ownership with respect to real estate investment trusts.
1. Modification of REIT constructive ownership rules (a) In general Section 856(d)(5) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following: (C) except as otherwise provided by the Secretary, stock, assets, and net profits constructively owned by a partnership, estate, trust, or corporation by reason of the application of section 318(a)(3) (after application of subparagraphs (A) and (B)) shall not be considered as owned by it for purposes of again applying such section in order to make another person the constructive owner of such stock, assets, or net profits. Subparagraph (C) shall not prevent any person from being the constructive owner of stock, assets, or net profits of any person as the result of any other application of section 318(a) (as modified by this paragraph). . (b) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (c) No inference Nothing in this Act or the amendments made by this Act shall be construed to create any inference with respect to the proper application of section 318 of the Internal Revenue Code of 1986 to cases other than cases to which such amendments apply. | https://www.govinfo.gov/content/pkg/BILLS-117s2715is/xml/BILLS-117s2715is.xml |
117-s-2716 | II 117th CONGRESS 1st Session S. 2716 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Thune (for himself, Mr. Tester , Mr. Rounds , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to establish country of origin labeling requirements for beef, and for other purposes.
1. Short title This Act may be cited as the American Beef Labeling Act of 2021 . 2. Country of origin labeling for beef (a) Definitions Section 281 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638 ) is amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Beef The term beef means meat produced from cattle (including veal). ; and (3) in subparagraph (A) of paragraph (2) (as so redesignated)— (A) in clause (i), by inserting , beef, after lamb ; and (B) in clause (ii), by inserting , ground beef, after lamb . (b) Notice of country of origin Section 282(a)(2) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1638a(a)(2) ) is amended— (1) in the paragraph heading, by inserting beef, after for ; (2) in each of subparagraphs (A) through (D), by inserting beef, before lamb each place it appears; and (3) in subparagraph (E)— (A) in the subparagraph heading, by inserting beef, after Ground ; and (B) by inserting ground beef, before ground lamb each place it appears. (c) Means of reinstating MCOOL for beef (1) Determination of means Not later than 180 days after the date of enactment of this Act, the United States Trade Representative, in consultation with the Secretary of Agriculture, shall determine a means of reinstating mandatory country of origin labeling for beef in accordance with the amendments made by subsections (a) and (b) that is in compliance with all applicable rules of the World Trade Organization. (2) Implementation of means Not later than 1 year after the date of enactment of this Act, the United States Trade Representative and the Secretary of Agriculture shall implement the means determined under paragraph (1). (d) Effective date The amendments made by subsections (a) and (b) take effect on the earlier of— (1) the date on which the Secretary of Agriculture publishes a determination in the Federal Register that the means determined under paragraph (1) of subsection (c) have been implemented under paragraph (2) of that subsection; and (2) the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2716is/xml/BILLS-117s2716is.xml |
117-s-2717 | II 117th CONGRESS 1st Session S. 2717 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Markey (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to ensure that revenues collected from passengers as aviation security fees are used to help finance the costs of aviation security screening by repealing a requirement that a portion of such fees be credited as offsetting receipts and deposited in the general fund of the Treasury.
1. Short title This Act may be cited as the Funding for Aviation Screeners and Threat Elimination Restoration Act or the FASTER Act . 2. Repeal of requirement regarding crediting and deposit of a portion of aviation security fees (a) Repeal Section 44940 of title 49, United States Code, is amended— (1) in subsection (c), by striking paragraph (3); (2) in subsection (f)— (A) by striking the heading and inserting Deposit and availability of fee.— ; (B) by striking paragraph (1); (C) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (D) by amending paragraph (1), as so redesignated, to read as follows: (1) shall be deposited into a separate account in the Treasury, which shall be available to the Administrator for expenditure only to pay the costs of activities and services for which the fee is imposed; and ; and (3) by striking subsection (i). (b) Conforming amendment Subsection (d)(4) of such section is amended by striking , other than subsection (i), . | https://www.govinfo.gov/content/pkg/BILLS-117s2717is/xml/BILLS-117s2717is.xml |
117-s-2718 | II 117th CONGRESS 1st Session S. 2718 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mrs. Feinstein (for herself, Mr. Lee , Mr. Whitehouse , Mr. Cruz , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To clarify that an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States, and for other purposes.
1. Short title This Act may be cited as the Due Process Guarantee Act . 2. Prohibition on the indefinite detention of citizens and lawful permanent residents (a) Limitation on detention (1) In general Section 4001(a) of title 18, United States Code, is amended— (A) by striking No citizen and inserting the following: (1) No citizen or lawful permanent resident of the United States ; and (B) by adding at the end the following: (2) Any Act of Congress that authorizes an imprisonment or detention described in paragraph (1) shall be consistent with the Constitution and expressly authorize such imprisonment or detention. . (2) Applicability Nothing in section 4001(a)(2) of title 18, United States Code, as added by paragraph (1)(B), may be construed to limit, narrow, abolish, or revoke any detention authority conferred by statute, declaration of war, authorization to use military force, or similar authority effective prior to the date of the enactment of this Act. (b) Relationship to an authorization To use military force, declaration of war, or similar authority Section 4001 of title 18, United States Code, as amended by subsection (a) is further amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) (1) No United States citizen or lawful permanent resident who is apprehended in the United States may be imprisoned or otherwise detained without charge or trial unless such imprisonment or detention is expressly authorized by an Act of Congress. (2) A general authorization to use military force, a declaration of war, or any similar authority, on its own, may not be construed to authorize the imprisonment or detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States. (3) Paragraph (2) shall apply to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of the Due Process Guarantee Act . (4) This section may not be construed to authorize the imprisonment or detention of a citizen of the United States, a lawful permanent resident of the United States, or any other person who is apprehended in the United States. . | https://www.govinfo.gov/content/pkg/BILLS-117s2718is/xml/BILLS-117s2718is.xml |
117-s-2719 | II 117th CONGRESS 1st Session S. 2719 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the United States-India Climate and Clean Energy Partnership to facilitate clean energy cooperation with India, to enhance cooperation with India on climate mitigation, resilience, and adaptation, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Prioritizing Clean Energy and Climate Cooperation with India Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Sense of Congress on climate and clean energy cooperation with India. Sec. 5. Statement of policy. Sec. 6. Purposes. Sec. 7. Establishment of United States-India Climate and Clean Energy Partnership. Sec. 8. Strategy for implementation of the United States-India Climate and Clean Energy Partnership. Sec. 9. Partnerships for cooperation on research and innovation for clean energy technologies. Sec. 10. Initiatives for technical assistance for grid improvement and energy efficiency in India. Sec. 11. Initiatives for generation of new renewable energy in India. Sec. 12. Report on promotion of State-State clean energy cooperation. Sec. 13. United States-India climate change risk reduction and resilience cooperation. 2. Findings Congress makes the following findings: (1) India is the second most populous country in the world with a population of approximately 1,334,000,000 people and is the fifth largest economy in the world with a nominal gross domestic product of approximately $2,940,000,000,000. (2) India is among the countries most vulnerable to climate change, with hundreds of millions of people susceptible to events exacerbated by climate change, such as the spread of infectious diseases, sea level rise and extreme flooding, droughts, storms, and landslides triggered by extreme weather. (3) India releases approximately 2,500,000,000 tons (carbon dioxide equivalent) of greenhouse gases annually, making it the third largest greenhouse gas emitter after the People's Republic of China and the United States. (4) India is one of the largest energy markets in the world and is projected to be the largest source of global energy demand growth through 2040. Installed power capacity in India more than doubled between 2011 and 2021. (5) Per capita energy consumption in India is relatively low among emerging economic powers. (6) Reliable access to power is crucial for the storage of vaccines and antiretroviral and other lifesaving medical drugs, as well as for the operation of modern lifesaving medical equipment. (7) Access to power can also provide improved information and communication technologies that can greatly improve health and education outcomes, as well as economic and commercial opportunities. (8) In 2000, only 43 percent of the population of India had access to power. That percentage more than doubled between 2000 and 2020, with approximately 700,000,000 people in India gaining access to electricity during that period. (9) Prime Minister Narendra Modi has prioritized improving citizen access to electricity and electrifying every household in India. (10) The Power for All initiative of the Government of India aims to provide electricity to all households in India 24 hours a day, 7 days a week. (11) Without action, climate change threatens to push millions more people into poverty. Investments in clean energy offer an opportunity to curb climate change while combatting poverty and increasing capacity to respond to the impacts of climate change. (12) As of June 2020, coal makes up the largest domestic source of energy supply and electricity generation for India. In October 2020, the Ministry of New and Renewable Energy reported that renewable energy comprises approximately 12 percent of energy generation in India. (13) India imports 80 percent of its oil needs, and that amount is projected to increase in the coming decades due to aging oil fields and a lack of new oil discoveries in India. India is increasing its oil refining capacity to maintain supply to meet the rising domestic demand for energy. (14) India is projected to surpass the People’s Republic of China in oil consumption by 2030. (15) On September 22, 2020, the People’s Republic of China announced a pledge to achieve net zero carbon emissions by 2060 in its updated Nationally Determined Contribution to the Paris Agreement, done at Paris December 12, 2015, but given the need to accelerate the reduction of global emissions along a 2050 timeline, that pledge is insufficient to avoid an increase of 2 degrees Celsius in the global average temperature. (16) India, in contrast, is demonstrating that climate action is a priority through concrete steps including a climate plan compatible with the goal of limiting global average temperature rise below 2 degrees Celsius. (17) India’s unconditional emissions target, as outlined in the Intended Nationally Determined Contribution of India to the Paris Agreement, aims to reduce emissions intensity of gross domestic product by 33 percent to 35 percent below 2005 levels by 2030. (18) In its Intended Nationally Determined Contribution, India has also pledged to increase the share of its installed electricity capacity that comes from non-fossil fuel sources to 40 percent by 2030 and create an additional 2,500,000,000 to 3,000,000,000 tons of carbon sinks. (19) In 2019, Prime Minister Modi announced an ambitious domestic target of installing 450 gigawatts of renewable energy capacity by 2030. (20) India is among the top 5 clean energy producers globally. Installed electricity capacity from renewables in India grew by 144 percent from 2014 to 2020, and between 2014 and 2019 there was approximately $42,000,000,000 in investment in the renewable energy sector in India. (21) Numerous global funds, private equity firms, and multilateral finance institutions are continuing to invest billions of dollars in the growing renewable energy sector in India. (22) India leads the International Solar Alliance, a 75-country initiative to which the United States does not yet belong, to mobilize $1,000,000,000,000 in solar energy investment by 2030. (23) Increased ownership of appliances and cooling needs could lead to a doubling or even tripling of energy use in India by 2040. One billion air conditioning units are expected to be in use in India by 2050. (24) Under the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987, India has agreed to freeze its manufacturing and consumption of hydrofluorocarbons in 2028. (25) In 2005, the United States and India established a formal energy cooperation dialogue, the United States-India Energy Dialogue, which included engagement on clean, low carbon technologies. In 2009, the United States and India expanded the United States-India Energy Dialogue to advance clean and sustainable energy development. The expansion in 2009 included the Partnership to Advance Clean Energy initiative focusing on research into, deployment of, and access to clean energy. (26) The Partnership to Advance Clean Energy Research element of the Partnership to Advance Clean Energy initiative, commonly referred to as PACE–R , consists of research consortia under the Joint Clean Energy Research and Development Center launched in 2010 by the Department of Energy and the Government of India with support from the private sector. PACE–R has focused on solar power, advanced biofuels, energy efficiency in buildings, and smart grids and energy storage. (27) The Partnership to Advance Clean Energy Deployment element of the Partnership to Advance Clean Energy initiative, commonly referred to as PACE–D , funds programs to improve energy efficiency, grid connectivity, clean energy finance, and more. (28) The Partnership to Advance Clean Energy Access element of the Partnership to Advance Clean Energy initiative, commonly referred to as PEACE , has focused on finance and technology innovation, skills development, and ecosystem strengthening for clean energy. (29) In 2015, the United States and India launched the U.S.-India Clean Energy Finance Task Force, which draws on the finance expertise of the governments and private sectors of both countries to tailor business and finance models to scale India’s clean energy sector. (30) Since 2015, the United States has supported the Partnership for Climate Resilience, which links United States Government climate scientists with their counterparts in India to produce climate data and information to inform local decisionmakers. (31) In 2018, the United States Government established the Asia Enhancing Development and Growth through Energy initiative, commonly referred to as Asia EDGE , to support sustainable and secure energy markets throughout the Indo-Pacific. Asia EDGE integrates elements of the Partnership to Advance Clean Energy initiative along with new programs such as the South Asia Group for Energy. (32) In 2018, the governments of India and the United States elevated the energy partnership to the U.S.-India Strategic Energy Partnership to advance energy security, expand energy innovation, and increase stakeholder engagement. That partnership included pillars of cooperation on power and energy efficiency, renewable energy, sustainable growth, and oil and gas. The governments of India and the United States also continued clean energy research and development under the Partnership to Advance Clean Energy Research. (33) In 2021, the United States Government, through the United States Agency for International Development, awarded approximately $9,200,000 to support the Coalition for Disaster Resilient Infrastructure, which the Government of India launched in September 2019 at the United Nations Climate Action Summit. (34) In 2021, at the Leaders Summit on Climate, the United States and India launched the U.S.-India Climate and Clean Energy Agenda 2030 Partnership to mobilize finance toward and accelerate clean energy deployment, demonstrate and scale innovative clean technologies, and build capacity to measure, manage, and adapt to the risks of climate-related impacts. The Partnership has two main tracks, the Strategic Clean Energy Partnership (led by the Department of Energy) and the Climate Action and Finance Mobilization Dialogue (led by the Office of the Special Presidential Envoy for Climate), which build on and subsume previous, aforementioned processes. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives. (3) Clean energy technology The term clean energy technology means a technology related to the production, use, transmission and distribution, storage, control, or conservation of energy that will contribute to the stabilization of the climate by reducing greenhouse gas emissions or sequestering or using carbon dioxide and— (A) reduces the need for additional energy supplies by using existing energy supplies with greater efficiency; or (B) increases and diversifies the sources of energy in a manner that will— (i) reduce risk to human health, safety, and welfare and the environment; and (ii) strengthen energy security. (4) Secretary Except as otherwise specifically provided, the term Secretary means the Secretary of State. 4. Sense of Congress on climate and clean energy cooperation with India It is the sense of Congress that— (1) robust cooperation on the development and deployment of clean energy technologies should be a priority in relations between the United States and India and the top priority in the countries’ energy diplomacy; (2) the collaboration of the United States and India on the development and deployment of clean energy technologies has resulted in innovative new technologies that have helped significantly lower the carbon emissions of the power sector in India; (3) demand for energy in India will increase with the expansion of the economy and middle class of India, and it is in the interest of United States national security and global security for the United States to support India in growing the energy sector of India in environmentally and socially responsible ways that mitigate greenhouse gas emissions and improve the climate and energy security of India; (4) the United States and India should continue collaborating on research and development of new clean energy technologies, as well as deployment of clean energy technologies, so people across India can access power generated from clean energy technologies and to help decarbonize India’s entire energy sector; (5) the United States, through the Bureau of Energy Resources of the Department of State, the United States International Development Finance Corporation, the Department of Energy, the Export-Import Bank of the United States, the International Trade Administration, and the United States Agency for International Development, should encourage private sector investment in and financing for the development and deployment of clean energy technologies in India; (6) the United States should support the Power for All initiative created by the Government of India through technical and other forms of assistance; (7) the United States should support the ambitious renewable energy generation goals set by the Government of India through technical and other forms of assistance; (8) Mission Innovation, in which India plays a critical leadership role, represents an unmatched opportunity to make clean energy technologies more affordable and accessible by increasing funding for clean energy innovation; (9) the United States should increase its participation in and contributions to Mission Innovation; (10) the International Solar Alliance led by India will play a key role in mobilizing significant international investment in solar energy; (11) the United States should join and contribute to the International Solar Alliance led by India; (12) India has implemented several new policies to promote the production and use of electric vehicles in India; (13) the United States should promote research, development, and private sector cooperation with India on the production of electric vehicles and the planning and execution of an expansive charging station network to support extensive use of electric vehicles; (14) increased demand for refrigeration and air conditioning in India, and the adoption of the Kigali Amendment to the Montreal Protocol, done at Montreal September 16, 1987, are driving innovation and investments in next-generation refrigeration equipment and refrigerants in India; and (15) enhanced United States-India bilateral cooperation and engagement on the development of technologies and chemicals that are compliant with the Kigali Amendment are in the interest of United States industry leaders in the refrigeration and chemical coolant industries. 5. Statement of policy It is the policy of the United States to increase engagement and cooperation with the Government of India, the Indian diaspora community in the United States, and the private sector and civil society in both the United States and India in a concerted effort— (1) to support the ambitious goals of India— (A) to expand renewable energy production and the optimal integration of renewable energy into a flexible, resilient electrical grid in India; and (B) to provide reliable and affordable access to electricity for all communities; (2) to help improve the energy security of India and decrease the dependence of India on imported fossil fuels; (3) to foster innovation through academic and research partnerships and mutually beneficial arrangements relating to technology transfers and protection of intellectual property; (4) to facilitate United States private sector investment in projects to expand power transmission and distribution capacity, energy storage, and territorial coverage in India to increase the number of people, households, and communities with access to power; (5) to provide technical assistance and advice as appropriate, and solely at the request and with the consent of the relevant national and local authorities and stakeholders, on— (A) reforms of power production, delivery, and pricing; (B) reducing aggregate technical and commercial energy losses in India’s energy transmission and distribution systems; (C) regulatory reforms; and (D) long-term, market-based power generation and distribution; (6) to support efforts to lower India’s greenhouse gas emissions and increase adaptive capacity by promoting United States private investment in— (A) renewable energy production; (B) electric vehicle technology; (C) energy efficiency in appliances, buildings, and the industrial sector; (D) technologies to decarbonize the industrial and transport sectors in which emissions are hard to abate; (E) technologies and infrastructure modifications to improve the efficiency and resilience of existing electricity generation units; and (F) electricity transmission and distribution projects to improve— (i) the affordability of electricity; (ii) grid reliability, efficiency, flexibility, digitalization, and resilience to climate impacts; (iii) the number of citizens and households with access to electricity; (iv) rural electrification; and (v) electric vehicle charging infrastructure; and (7) to strengthen India’s resilience capacities that ensure people, households, communities, institutions, and systems can assess, anticipate, reduce, adapt to, respond to, and recover from shocks and stresses associated with the effects of climate change. 6. Purposes The purposes of this Act are— (1) to advance cooperation between the United States and India on, and private sector engagement and investment in, the development and deployment of clean energy technologies, and improvement in the planning, reliability, flexibility, and resilience of India’s electrical grid to integrate increasing use of renewable energy; (2) to improve research collaborations that develop and deploy innovative clean energy technologies in India; (3) to enhance citizen access to electricity across India; and (4) to build capacity to measure, manage, and adapt to the risks of climate-related impacts. 7. Establishment of United States-India Climate and Clean Energy Partnership (a) In general The purposes described in section 6 shall be advanced through the development and execution of bilateral initiatives under an initiative to be known as the United States-India Climate and Clean Energy Agenda 2030 Partnership (in this Act referred to as the United States-India Climate and Clean Energy Partnership ). (b) Functions The United States-India Climate and Clean Energy Partnership shall serve as— (1) the primary forum for cooperation between the United States and India on clean energy technologies; and (2) the mechanism through which such cooperation is funded. 8. Strategy for implementation of the United States-India Climate and Clean Energy Partnership (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator and the Secretary of Energy, shall submit to the appropriate congressional committees a comprehensive, integrated, multi-year strategy for implementing the United States-India Climate and Clean Energy Partnership. (b) Flexibility and responsiveness The strategy required by subsection (a) shall maintain sufficient flexibility and responsiveness to technological innovation with respect to climate and clean energy in India. (c) Elements The strategy required by subsection (a) shall include— (1) a general description, developed in collaboration with the Government of India and local and regional authorities in India, of the goals and ongoing efforts in India— (A) to increase power production; (B) to build and maintain climate resilient electrical transmission and distribution infrastructure; (C) to expand electrical transmission and distribution infrastructure in order to provide equitable household and community access to electricity; (D) to implement regulatory reform, regional interoperability, and transparent and accountable governance and oversight; (E) to strengthen the reliability and regional interoperability of the electrical grid; and (F) for electricity service providers— (i) to provide affordable and reliable power; (ii) to reduce technical and nontechnical losses; (iii) to collect fees for services; and (iv) to expand service to underserved communities; (G) to advance energy efficiency in appliances, buildings, and the industrial sector; and (H) to advance decarbonization across the energy sector of India, including in transport and heavy industry; (2) an assessment of how the initiatives included in the United States-India Climate and Clean Energy Partnership will support achievement of the clean energy and expanded energy access goals of India, including— (A) an analysis of— (i) the flexibility and carrying capacity of India’s electrical grid to better integrate renewable energy generation; and (ii) the state of distributed renewable energy in India; (B) a description of market barriers to the deployment of clean energy technologies, including distributed renewable energy technologies both on- and off-grid in India; (C) an analysis of the efficacy of efforts by the Department of State, the Office of the United States Trade Representative, the United States International Development Finance Corporation, and the United States Agency for International Development to facilitate the financing of the deployment, importation, distribution, sale, leasing, or marketing of clean energy technologies in India; and (D) a description of how bolstering distributed renewable energy can enhance the overall effort to increase power access in India; (3) a description of programs or initiatives in existence as of the date of the submittal of the strategy that— (A) meet the requirements for initiatives under sections 9 through 11; and (B) can be integrated into the United States-India Climate and Clean Energy Partnership; (4) a list of programs in existence as of the date of the submittal of the strategy that will be integrated into the United States-India Climate and Clean Energy Partnership; (5) recommendations on the establishment of any new programs to meet the requirements for initiatives under sections 9 through 11; and (6) a plan describing which parts of the United States Government shall serve as the lead for which components of the United States-India Climate and Clean Energy Partnership. 9. Partnerships for cooperation on research and innovation for clean energy technologies (a) Purpose The purpose of this section is— (1) to promote and accelerate the pace of innovation and deployment of clean energy technologies; (2) to expand community and household access to power in India; and (3) to facilitate demonstration projects of new, innovative clean energy technologies. (b) Research and development partnerships (1) In general The Secretary, in coordination with the Administrator and the Secretary of Energy, and with the cooperation of the Government of India, shall promote partnerships between United States clean energy centers of excellence designated under paragraph (4) and partner entities in India described in paragraph (5) on research, development, demonstration, and commercial application of clean energy technologies. (2) Exchanges; sharing The partnerships described in paragraph (1) shall include— (A) exchanges between United States clean energy centers of excellence designated under paragraph (4) and partner entities in India described in paragraph (5); and (B) lawful sharing of intellectual property between the United States and India, including between private sector entities in the two countries, with respect to— (i) clean energy technology, including carbon capture technologies; (ii) air conditioning technology; and (iii) refrigeration systems technology. (3) Functions United States clean energy centers of excellence designated under paragraph (4), in collaboration with partner entities in India described in paragraph (5), shall be responsible for— (A) assessing different potential technological, development, policy, and technical solutions to address capacity constraints affecting the development and deployment of existing and emerging energy technology in India, consistent with the lawful sharing of intellectual property described in paragraph (2)(B); (B) facilitating engagements between energy authorities in India and private sector clean energy technology suppliers and project developers that could provide solutions to energy capacity challenges; (C) ensuring that local stakeholders and host communities in India where energy projects supported by partnerships under this section are being developed are adequately engaged and given due consideration in the development of such projects; (D) arranging for the appropriate and lawful sharing of prototyping, technology transfer activities, and production facilities for clean energy technologies, including assistance to clean energy technology start-up ventures; (E) promoting job training opportunities in the deployment and operation of clean energy technologies and energy transmission; and (F) performing such other duties as determined by the Secretary in coordination with the Secretary of Energy. (4) United States clean energy centers of excellence (A) Designation (i) In general The Secretary, in consultation with the Secretary of Energy, shall designate not more than 10 eligible entities to be United States clean energy centers of excellence. (ii) Limitation Not more than 1/3 of the total number of eligible entities designated under clause (i) may be National Laboratories. (B) Eligible entities For purposes of this section, an eligible entity is— (i) an institution of higher education; or (ii) a National Laboratory. (C) Applications by institutions of higher education An institution of higher education seeking designation as a United States clean energy center of excellence under this paragraph shall submit an application to the Secretary containing, at a minimum, the following: (i) A description of all entities within the institution that would comprise the United States clean energy center of excellence (in this subparagraph referred to as component entities ). (ii) Any appropriate information on the qualifications of individuals in key management positions in the institution and the component entities. (iii) A full description of the governance structure and management processes of the institution and the component entities, including a conflict of interest policy. (iv) A description of the policies and procedures of the institution and the component entities for managing new intellectual property created by a partnership under this section. (v) A description of how the institution would carry out the functions described in paragraph (3). (vi) Recommendations on— (I) the scope of work for the initial year of activities of the institution under the United States-India Climate and Clean Energy Partnership; and (II) focuses for future programming. (D) Selection process The Secretary, in coordination with the Secretary of Energy, shall select eligible entities for designation as United States clean energy centers of excellence under this paragraph through an open and competitive process. (E) Selection criteria The Secretary, in coordination with the Secretary of Energy, shall establish criteria for selecting United States clean energy centers of excellence based on— (i) an evaluation of— (I) the strength of the governance structure of an eligible entity and the entities within the eligible entity that would comprise the United States clean energy center of excellence; (II) the expertise and experience of key research management and academic personnel of an eligible entity; (III) the demonstrated knowledge of an eligible entity with respect to— (aa) energy markets in India; (bb) regulatory frameworks and energy policies in India; (cc) power service providers in India; (dd) applied energy technologies in India; and (ee) energy challenges, including capacity constraints, in India; and (IV) the capability of an eligible entity to conduct regional energy market analyses and assessments of the practicality of applying various clean energy technologies to address various energy challenges in India; (ii) commitments of co-funding from non-Federal sources; (iii) the capability of an eligible entity to attract matching funds from both non-Federal and nongovernmental sources for follow-on investments in widespread application of successful projects; and (iv) the capability and experience of an eligible entity in managing technology transfer programs. (F) Selection priority The Secretary, in coordination with the Secretary of Energy, shall select eligible entities for designation as United States clean energy centers of excellence under this paragraph in a manner that represents the geographic diversity of the United States. (5) Partner institutions in India (A) In general The Secretary, in consultation with the Secretary of Energy, and in collaboration with the appropriate ministries of the Government of India, shall support the establishment of partnerships between United States clean energy centers of excellence designated under paragraph (4) and partner entities in India. (B) Eligibility and selection The Secretary shall encourage the Government of India to select partner entities described in subparagraph (A) for participation in partnerships under this section based on criteria similar to the criteria for eligibility and selection of United States clean energy centers of excellence described in paragraph (4). (C) Pairing The Secretary, in consultation with the Secretary of Energy, and in collaboration with the relevant ministries of the Government of India, shall pair selected United States clean energy centers of excellence designated under paragraph (4) and partner entities in India according to the strength and similarities of the respective applications. (6) Private sector involvement United States clean energy centers of excellence participating in partnerships under this section are encouraged to, in collaboration with their respective partner entities in India under paragraph (5)— (A) collaborate with private sector energy and technology companies; and (B) identify private sector entities that will contribute resources to the initiatives and projects developed through partnerships under this section. (c) Definitions In this section: (1) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (2) National Laboratory The term National Laboratory has the meaning given that term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (d) Authorization of appropriations (1) In general There is authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 for the Joint Clean Energy Research and Development Center established by the Department of Energy and the Government of India. (2) Use of funds Amounts authorized to be appropriated under paragraph (1) may be used only for clean energy projects. (e) United States-India Climate and Clean Energy Partnership All initiatives established or continued under the authorities of this section shall be part of the United States-India Climate and Clean Energy Partnership. 10. Initiatives for technical assistance for grid improvement and energy efficiency in India (a) In general The Secretary, in consultation with the Administrator and the Secretary of Energy, and with the cooperation of the Government of India and regional authorities within India, shall support initiatives, including new initiatives and initiatives in existence as of the date of the enactment of this Act, as appropriate, to provide technical assistance and expertise on electrical grid and energy efficiency improvements in India for the following purposes: (1) Expanding and improving the reliability, flexibility, and resilience of the electrical grid to reach all regions and populations. (2) Developing microgrids or distributed energy resources in areas in which connection to the larger electrical grid is challenging. (3) Increasing the optimal integration of renewable energy into the electrical grid. (4) Enhancing the interconnectivity of electrical grids across States of India. (5) Boosting the energy storage capacity of the electrical grid. (6) Developing standards for clean energy technologies, smart buildings, and data centers. (7) Increasing deployment of smart meters and other energy efficiency technology. (8) Increasing the energy efficiency of buildings, appliances, and the industrial sector. (9) Improving pollution controls and the efficiency of fossil fuel electric generating units. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (c) United States-India Climate and Clean Energy Partnership All initiatives established or continued under the authorities of this section shall be part of the United States-India Climate and Clean Energy Partnership. 11. Initiatives for generation of new renewable energy in India (a) In general The Secretary, in coordination with the Administrator and the Secretary of Energy, and with the approval of the Government of India, shall support initiatives, including new initiatives and initiatives in existence as of the date of the enactment of this Act, as appropriate, to develop new renewable energy generation capacity in India. (b) Selection of initiatives In selecting initiatives to support under subsection (a), the Secretary, in consultation with the Secretary of Energy, and in coordination with the Administrator, shall take into account the priorities of the Government of India, including such government’s target of installing 450 gigawatts of renewable energy capacity by 2030 and related goals established by the Intended Nationally Determined Contribution of India to the Paris Agreement, done at Paris December 12, 2015. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (d) United States-India Climate and Clean Energy Partnership All initiatives established or continued under the authorities of this section shall be part of the United States-India Climate and Clean Energy Partnership. 12. Report on promotion of State-State clean energy cooperation (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Administrator and the Secretary of Energy, shall submit to the appropriate congressional committees a report on the prospects for cooperation between States of the United States and States of India on clean energy. (b) Elements The report required by subsection (a) shall include— (1) an assessment of which areas have the most potential for cooperation between States of the United States and States of India on clean energy technologies, including with respect to— (A) integrating clean energy into State electrical grids; (B) improving the efficiency of State electrical grids; (C) increasing the resiliency of State electrical grids, especially against cyber attacks; (D) improving power transmission and distribution within States; (E) enabling expanded use of electric vehicles; (F) increasing energy efficiency of buildings and methods of transportation; and (G) demonstration projects of new clean energy technologies, including in industrial sectors that are hard to decarbonize; (2) an analysis of potential opportunities for cooperation between States of the United States and States of India on the development and deployment of clean energy resources through— (A) Federal Government programs in existence as of the date of the submittal of the report that provide financial support, technical assistance, or other support for subnational cooperation; or (B) any Federal Government forums in existence as of such date to promote subnational communication; and (3) recommendations for steps the Federal Government, with the cooperation of the Government of India, can take to promote cooperation between States of the United States and States of India on clean energy, which shall include recommendations on— (A) which programs or forums in existence as of the date of the submittal of the report should be used to promote such cooperation; (B) new programs or forums that could be created to promote such cooperation, and whether the creation of those programs requires additional authorities; (C) what agencies or offices within the Federal Government should lead the implementation of each recommended program or forum; (D) what additional funding would be needed to implement each recommended program or forum; and (E) what role the United States mission to India should play in promoting such cooperation. 13. United States-India climate change risk reduction and resilience cooperation (a) In general The Administrator, under the direction of the Secretary, shall work cooperatively with the Government of India on integrating scientifically supported climate change risk reduction and building resilience capacities in India. (b) Priority Advancing the risk reduction and resilience capacities described in subsection (a) shall be a priority for United States diplomatic, security, and development programs within the United States mission to India. (c) Support The Administrator, under the direction of the Secretary, and in coordination with other agencies with direct international development programs and investments, shall support efforts— (1) to bolster resilience capacities to the effects of climate change in India by supporting efforts in India to help ensure that climate risk assessments and security planning in India adequately evaluate and account for risks and vulnerabilities associated with the effects of climate change using best-available climate change data, forecasts, tools, and information; (2) to use shared knowledge, data, forecasts, tools, information, frameworks, and lessons learned in incorporating climate change resilience programming, planning, projects, investments, and related funding decisions; and (3) to work with civil society and local leaders, as appropriate— (A) to identify risks associated with the effects of climate change in India; and (B) to encourage and support efforts in India to enhance resilience to the effects of climate change. (d) Definitions In this section: (1) Agencies with direct international development programs and investments The term agencies with direct international development programs and investments includes— (A) the Department of State; (B) the Department of Agriculture; (C) the Department of the Interior; (D) the United States Agency for International Development; (E) the Millennium Challenge Corporation; (F) the United States International Development Finance Corporation; and (G) the Trade and Development Agency. (2) Resilience The term resilience means the ability of an individual, household, community, country, or region to withstand, adapt to, and quickly recover from shocks and stresses associated with the effects of climate change. | https://www.govinfo.gov/content/pkg/BILLS-117s2719is/xml/BILLS-117s2719is.xml |
117-s-2720 | II 117th CONGRESS 1st Session S. 2720 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Moran (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to establish a national clinical pathway for prostate cancer, and for other purposes.
1. Short title This Act may be cited as the Veterans’ Prostate Cancer Treatment and Research Act . 2. Findings Congress makes the following findings: (1) Prostate cancer is the number one cancer diagnosed in the Veterans Health Administration. (2) A 1996 report published by the National Academy of Sciences, Engineering, and Medicine established a link between prostate cancer and exposure to herbicides, such as Agent Orange. (3) It is essential to acknowledge that due to these circumstances, certain veterans are made aware that they are high-risk individuals when it comes to the potential to develop prostate cancer. (4) In being designated as high risk , it is essential that veterans are proactive in seeking earlier preventative clinical services for the early detection and successful treatment of prostate cancer, whether that be through the Veterans Health Administration or through a community provider. (5) Clinical preventative services and initial detection are some of the most important components in the early detection of prostate cancer for veterans at high risk of prostate cancer. (6) For veterans with prostate cancer, including prostate cancer that has metastasized, precision oncology, including biomarker-driven clinical trials and innovations underway through the Prostate Cancer Foundation and Department of Veterans Affairs partnership, represents one of the most promising areas of interventions, treatments, and cures for such veterans and their families. 3. Department of Veterans Affairs treatment and research of prostate cancer (a) Establishment of clinical pathway (1) In general Not later than 365 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an interdisciplinary clinical pathway for all stages of prostate cancer, from early detection to end of life care. The clinical pathway shall be established in the National Surgery Office of the Department of Veterans Affairs in close collaboration with the National Program Office of Oncology, the Office of Research and Development, and other relevant entities of the Department, including Primary Care. (2) Elements The national clinical pathway established under this subsection shall include the following elements: (A) A diagnosis pathway for prostate cancer that includes early screening and diagnosis protocol, including screening recommendations for veterans with evidence-based risk factors. (B) A treatment pathway that details the respective roles of each office of the Department that will interact with veterans receiving prostate cancer care, including treatment protocol recommendations for veterans with evidence-based risk factors. (C) Treatment recommendations for all stages of prostate cancer that reflect nationally recognized standards for oncology, including National Comprehensive Cancer Network guidelines. (D) A suggested protocol timeframe for each point of care, from early screening to treatment and end-of-life care, based on severity and stage of cancer. (E) A plan that includes, as appropriate, both Department medical facilities and community-based partners and providers and research centers specializing in prostate cancer, especially such centers that have entered into partnerships with the Department. (3) Collaboration and coordination In establishing the clinical pathway required under this section, the Secretary may collaborate and coordinate with— (A) the National Institutes of Health; (B) the National Cancer Institute; (C) the National Institute on Minority Health and Health Disparities; (D) the Centers for Disease Control and Prevention; (E) the Centers for Medicare and Medicaid Services; (F) the Patient-Centered Outcomes Research Institute; (G) the Food and Drug Administration; (H) the Department of Defense; and (I) other Institutes and Centers as the Secretary determines necessary. (4) Consultation requirement In establishing the clinical pathway required under this section, the Secretary shall consult with, and incorporate feedback from, veterans who have received prostate cancer care at Department medical facilities as well as experts in multi-disciplinary cancer care and clinical research. (5) Publication The Secretary shall— (A) publish the clinical pathway established under this subsection on a publicly available Department website; and (B) update the clinical pathway as needed by review of the medical literature and available evidence-based guidelines at least annually, in accordance with the criteria under paragraph (2). (b) Development of Comprehensive Prostate Cancer Program and Implementation of the Prostate Cancer Clinical Pathway (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a plan to establish a prostate cancer program using the comprehensive prostate cancer clinical pathway developed under subsection (a). (2) Program requirements The comprehensive prostate cancer program shall— (A) receive direct oversight from the Deputy Undersecretary for Health of the Department of Veterans Affairs; (B) include a yearly program implementation evaluation to facilitate replication for other disease states or in other healthcare institutions; (C) be metric driven and include the development of biannual reports on the quality of prostate cancer care, which shall be provided to the leadership of the Department, medical centers, and providers and made publicly available in an electronic form; and (D) include an education plan for patients and providers. (3) Program implementation evaluation The Secretary shall establish a program evaluation tool to learn best practices and to inform the Department and Congress regarding further use of the disease specific model of care delivery. (4) Prostate cancer research The Secretary shall submit to Congress a plan that provides for continual funding through the Office of Research and Development of the Department of Veterans for supporting prostate cancer research designed to position the Department as a national resource for prostate cancer detection and treatment. Such plan shall— (A) include details regarding the funding of and coordination between the National Precision Oncology Program of the Department and the PCF–VA Precision Oncology Centers of Excellence as related to the requirements of this Act; and (B) affirm that no funding included in such funding plan is duplicative in nature. (c) Report on national registry The Secretary of Veterans Affairs shall submit to Congress a report on the barriers and challenges associated with creating a national prostate cancer registry. Such report shall include recommendations for centralizing data about veterans with prostate cancer for the purpose of improving outcomes and serving as a resource for providers. (d) Definitions In this section: (1) The term clinical pathway means a health care management tool designed around research and evidence-backed practices that provides direction for the clinical care and treatment of a specific episode of a condition or ailment. (2) The term evidence-based risk factors includes race, ethnicity, socioeconomic status, geographic location, exposure risks, genetic risks, including family history, and such other factors as the Secretary determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s2720is/xml/BILLS-117s2720is.xml |
117-s-2721 | II 117th CONGRESS 1st Session S. 2721 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Crapo (for himself, Mr. Tillis , Mr. Barrasso , Mr. Cassidy , Mr. Cramer , Mr. Braun , Mr. Rubio , Mr. Rounds , Mr. Lankford , Ms. Murkowski , Mr. Young , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require the Internal Revenue Service to issue a report on the tax gap, to establish a fellowship program within the Internal Revenue Service to recruit mid-career tax professionals to create and participate in an audit task force, and for other purposes.
1. Tax gap projection (a) In general Not later than 180 days after the date of the enactment of this section, and no later than July 31 annually thereafter, the Commissioner of Internal Revenue shall submit to Congress a projection detailing the tax gap estimate for the most recent taxable year as is practicable using the most recently available data, and including identification and detailed descriptions of the data used for such projection and clear identification of the amount of the projected tax gap associated with nonfiling, underreporting, and underpayment (including identifying the amount subject to collection actions). (b) Use of artificial intelligence To the extent practicable, for purposes of reducing the burden on taxpayers subject to National Research Program audits, the Commissioner shall use artificial intelligence, including neural machine learning, and other available data analysis tools, including commercial analytic data providers, to calculate a projection described in subsection (a). (c) National research program audits In calculating a projection described in subsection (a), the Commissioner of Internal Revenue shall not undertake more National Research Program audits in any one fiscal year than are undertaken in fiscal year 2021. (d) Tax gap For purposes of this section, the term tax gap means the difference between tax liabilities owed to the United States under the Internal Revenue Code of 1986 and those liabilities actually collected by the Internal Revenue Service. 2. JCT Report (a) In general Not later than 180 days after the submission of the first tax gap projection to Congress under section 1, and not later than 90 days after the submission of each successive submission, the Chief of Staff of the Joint Committee on Taxation shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report analyzing such projection, including— (1) identification of methodologies used, (2) any statistical or methodological uncertainties, (3) the effect of outdated data, if any, on the accuracy of such projection, and (4) such additional information as the Joint Committee on Taxation determines is useful for Congress to use to assess and analyze the tax gap projections provided by the Commissioner of Internal Revenue. (b) Release of information For purposes of facilitating the report described in subsection (a), the Secretary of the Treasury shall, in a timely manner, provide to the Joint Committee on Taxation such information as such committee requests. 3. Restriction on increased enforcement funds (a) In general Notwithstanding any other provision of law, no funds appropriated to the Department of the Treasury for audit and enforcement purposes in excess of the levels appropriated for such purposes in fiscal year 2021 may be expended for such purposes, including for salaries, expenses, and enforcement activities, until 180 days after the Internal Revenue Service publishes an updated tax gap projection pursuant to, and compliant with, section 1. (b) Sunset The provisions of subsection (a) shall not apply after the date which is one year after the date of the enactment of this section. 4. Restriction on increased funding for other specified purposes (a) In general Notwithstanding any other provision of law, no funds appropriated to the Department of the Treasury in excess of the levels appropriated for specified purposes in fiscal year 2021 may be expended for specified purposes. (b) Specified purposes For purposes of subsection (a), the term specified purposes means— (1) the implementation of new information reporting requirements on flows of deposits and withdrawals in individual and small–business banking accounts and other financial accounts, (2) the targeting of United States citizens in response to the exercise by such citizens of any legally protected or recognized right guaranteed under the First Amendment to the United States Constitution, (3) the targeting of a group for regulatory scrutiny based on the ideological beliefs of such group, (4) the auditing of individual taxpayers with an adjusted gross income of less than $400,000, and (5) the hiring under an agreement pursuant to the Intragovernmental Personnel Act of 1970 (sections 3371 et seq. of title 5, United States Code) or any other authority of an authorized researcher who is not a full time Federal employee to access data subject to privacy protections afforded by section 6103 of the Internal Revenue Code of 1986. 5. Efficient use of existing IRS resources For purposes of increasing enforcement actions in areas of high noncompliance and reducing the corporate audit no-change rate of the Internal Revenue Service to below 20 percent by 2023— (1) the Secretary (or the Secretary’s delegate) shall, not later than 180 days after the date of the enactment of this section— (A) update the methodology that is used for the selection of corporate returns for audit, and (B) reassign resources of the Internal Revenue Service such that the majority of high-income nonfilers are subject to enforcement actions, and (2) the Comptroller General of the United States shall, within one year after the date of the enactment of this section, issue a comprehensive report to Congress on information returns and data collected by the Internal Revenue Service that could be deployed for compliance activities but that are not currently used for such activities. 6. IRS Fellowship Program (a) Establishment Not later than September 30, 2022, the Commissioner of Internal Revenue (hereinafter known as the Commissioner ) after consultation with the Chief Counsel of the Internal Revenue Service (hereinafter known as the Chief Counsel ), shall establish within the Internal Revenue Service a fellowship program (hereinafter known as the program ) to recruit private sector tax experts to join the Internal Revenue Service to create and participate in the audit task force established under subsection (e). (b) Objective The Commissioner, after consultation with the Chief Counsel, shall design the program in a manner such that the program— (1) addresses such tax cases handled by the Internal Revenue Service as the Commissioner determines— (A) are the most complex, or (B) include new and emerging issues, and (2) recruits and retains outstanding and qualified tax experts. (c) Advertisement of program The Commissioner shall advertise the program in such a way as to attract mid-career tax professionals, including certified public accountants, tax attorneys, and such other tax professionals as the Commissioner determines are appropriately qualified to handle the most complex tax cases. (d) Structure (1) In general The program shall be staffed by not fewer than 30 fellows at the discretion of the Commissioner based on needs of the Internal Revenue Service and the availability of qualified candidates. (2) Term of service (A) In general Each fellow shall be hired for a 2-, 3-, or 4-year term of service. (B) Extensions (i) In general A fellow may apply for, and the Commissioner may grant, a 1-year extension of the fellowship. (ii) No limit on number of extensions There shall be no limit on the number of extensions under clause (i). (3) Fellowship vacancies The Commissioner, after consultation with the Chief Counsel, shall fill vacant fellowships— (A) in such a manner as to ensure that the program is staffed with no fewer than 15 fellows, and (B) as soon as practicable after the vacancy arises. (4) Hiring authority The Commissioner shall have authority to permanently hire a fellow at the end of the term of service for such fellow. (e) Task force Not later than the date on which the first fellowship is awarded under this section, the Commissioner shall establish a task force within the Internal Revenue Service and the office of the Chief Counsel in both national and regional office placements that includes the fellows hired pursuant to subsection (d), the purpose of which is to— (1) perform audit case selection, (2) educate Internal Revenue Service employees on emerging issues, (3) audit selected taxpayers, (4) address offshore tax evasion and issues implicating the Foreign Account Tax Compliance Act, and (5) identify, mentor, and train junior employees from the Internal Revenue Service with respect to audits. (f) Composition The task force established under subsection (e) may be composed of both— (1) fellows, and (2) permanent employees of the Internal Revenue Service. (g) Pay of fellows (1) In general The Secretary of the Treasury (or the Secretary’s delegate) shall determine, subject to the provisions of this subsection, the pay of fellows recruited under subsection (a). (2) Pay scale For purposes of paragraph (1), the pay of a fellow shall not be less than the minimum rate payable for GS–15 of the General Schedule and shall not exceed the amount of annual compensation (excluding expenses) specified in section 102 of title 3, United States Code. (h) Administration of program The Secretary may appoint a lead program officer to administer and advertise the program. (i) Annual review and report Not later than 1 year after the date on which the first fellowship is awarded under this section, and annually thereafter, the Commissioner shall submit to Congress a report containing— (1) an analysis of the effects of the program, (2) an analysis of the return on investment of the program, including calculations of all costs incurred and all tax revenue and penalties collected due to the work of the task force, (3) a description of the total number of fellows who apply each year, and (4) recommendations for changes to the program, if any. (j) Rules and regulations The Commissioner, with the approval of the Secretary of the Treasury (or the Secretary’s delegate, other than the Commissioner), shall promulgate such rules and regulations as may be necessary for the efficient administration of the program. | https://www.govinfo.gov/content/pkg/BILLS-117s2721is/xml/BILLS-117s2721is.xml |
117-s-2722 | VI 117th CONGRESS 1st Session S. 2722 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL For the relief of Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola.
1. Permanent resident status for Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ), Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act ( 8 U.S.C. 1154 ) or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola enter the United States before the filing deadline specified in subsection (c), Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola shall be considered to have entered and remained lawfully in the United States and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) as of the date of the enactment of this Act. (c) Application and payment of fees Subsections (a) and (b) shall apply only if the applications for issuance of immigrant visas or the applications for adjustment of status are filed with appropriate fees not later than two years after the date of the enactment of this Act. (d) Reduction of immigrant visa numbers Upon the granting of immigrant visas or permanent residence to Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola, the Secretary of State shall instruct the proper officer to reduce by four, during the current or next following fiscal year— (1) the total number of immigrant visas that are made available to natives of the country of birth of Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Arreola Carlos, and Cindy Jael Arreola under section 202(e) of such Act ( 8 U.S.C. 1152(e) ). (e) PAYGO The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s2722is/xml/BILLS-117s2722is.xml |
117-s-2723 | II 117th CONGRESS 1st Session S. 2723 IN THE SENATE OF THE UNITED STATES September 13, 2021 Ms. Warren (for herself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To amend the Congressional Budget and Impoundment Control Act of 1974 by requiring a distribution analysis of a bill or resolution under certain circumstances, and for other purposes.
1. Short title This Act may be cited as the Fiscal Analysis by Income and Race Scoring Act or the FAIR Scoring Act . 2. Findings Congress finds the following: (1) Wealth inequality is steadily rising in the United States. As the disparities between the richest Americans and the poorest Americans widen, White Americans have grown disproportionately wealthier, while the median wealth of Black Americans has stagnated. (2) In 1968, and with the amounts adjusted for inflation, the median middle-class Black household had $6,674 in wealth, while the median middle-class White household had $70,786 in wealth. In 2016, the typical middle-class Black household had $13,024 in wealth compared to $149,703 for the median White household. (3) As of 2019, the typical White family has eight times the wealth of the typical Black family and five times the wealth of the typical Hispanic family. (4) As of 2019, White families have the highest level of both median wealth: $188,200. Black families’ median and mean wealth is less than 15 percent that of White families, at $24,100. Hispanic families’ median and mean wealth is $36,100. (5) As of 2019, families who are Asian, American Indian, Alaska Native, Native Hawaiian, or Pacific Islander have lower wealth than White families, but higher wealth than Black and Hispanic families. (6) The family income gap between Black and White Americans today remains at almost exactly the level it was in the 1960s. (7) In 2016, the median annual income for Asian American adults was $51,288, compared with $47,958 for White Americans, $31,082 for African Americans, and $30,400 for Hispanic Americans. (8) As of the last quarter of 2019, the median White worker made 28 percent more than the typical Black worker and more than 35 percent more than the median Latinx worker. (9) On average, women are paid 82 cents for every dollar paid to men. For every dollar paid to White men, Black women are paid 63 cents, Native American women are paid 60 cents, and Latinas are paid 55 cents. (10) Asian American and Pacific Islander (AAPI) women make 85 cents for every dollar paid to White men, and different groups within America’s AAPI community have unique experiences with economic discrimination. For example, between 2015 and 2019, Hmong women earned 60 cents for every dollar paid to White men. (11) Disparities in wealth between genders are even more stark. As of 2013, the average wealth for working single women was $3,210, whereas the single working man had a median wealth of $10,150. Single Black women had a median wealth of $200, and single Hispanic women had a median wealth of $100: less than a penny for every dollar of wealth owned by single White non-Hispanic men. (12) The COVID–19 pandemic has exacerbated existing inequalities in America. Many longstanding economic conditions, such as lower levels of income and wealth and higher levels of housing and food insecurity, leave individuals of color, particularly women of color and Black women, with less cushion, making them more vulnerable during the COVID–19 economic crisis. (13) Informed and well-designed policies are needed to curb the growing inequality between Americans of different races and income levels. In order to meet this need, Congress needs access to standardized, reliable information about the socioeconomic consequences of the legislation it enacts. 3. Distribution analysis by income and race (a) CBO estimates Section 402 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 653 ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting ; and ; (3) by adding after paragraph (3) the following: (4) for a bill or joint resolution that has a gross budgetary effect of at least 0.1 percent of the gross domestic product of the United States in any fiscal year within the budget window— (A) a distribution analysis by income showing the transfers that would result in dollars and as a percent change in after-tax-and-transfer income for as many years in the budget as is necessary to illustrate the anticipated effects; and (B) a distribution analysis by race showing the transfers that would result in dollars and as a percent change in after-tax-and-transfer income for as many years in the budget as is necessary to illustrate the anticipated effects. ; and (4) in the text following paragraph (4) (as added by paragraph (3) of this subsection) by striking and description and inserting description, and analyses . (b) JCT estimates Section 201(f) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 601(f) ) is amended to read as follows: (f) Revenue legislation For the purposes of revenue legislation which is income, estate and gift, excise, and payroll taxes (i.e., Social Security), considered or enacted in any session of Congress, the Congressional Budget Office shall use exclusively during that session of Congress revenue estimates and distribution analyses provided to it by the Joint Committee on Taxation. During that session of Congress such revenue estimates and distribution analyses shall be transmitted by the Congressional Budget Office to any committee of the House of Representatives or the Senate requesting such estimates, and shall be used by such Committees in determining such estimates. The Budget Committees of the Senate and House shall determine all estimates with respect to scoring points of order and with respect to the execution of the purposes of this Act. . 4. Report on distribution analysis by gender Not later than 1 year after the date of enactment of this Act, the Director of the Congressional Budget Office shall— (1) prepare a report describing methods appropriate for the conduct of distribution analyses by gender for major legislation, including strengths and weaknesses of different approaches; and (2) submit such report to the chairs and ranking members of the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2723is/xml/BILLS-117s2723is.xml |
117-s-2724 | II 117th CONGRESS 1st Session S. 2724 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Kennedy (for himself, Mr. Menendez , Mr. Cassidy , and Mrs. Hyde-Smith ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the National Flood Insurance Program.
1. Short title This Act may be cited as the NFIP Extension Act of 2021 . 2. Reauthorization of National Flood Insurance Program (a) Financing Section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) is amended by striking September 30, 2021 and inserting September 30, 2022 . (b) Program expiration Section 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 ) is amended by striking September 30, 2021 and inserting September 30, 2022 . (c) Retroactive effective date If this Act is enacted after September 30, 2021, the amendments made by subsections (a) and (b) shall take effect as if enacted on September 30, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2724is/xml/BILLS-117s2724is.xml |
117-s-2725 | II 117th CONGRESS 1st Session S. 2725 IN THE SENATE OF THE UNITED STATES September 13, 2021 Mr. Blumenthal (for himself, Mrs. Feinstein , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Decency Act to remove immunity for online firearms marketplaces, and for other purposes.
1. Short title This Act may be cited as the Accountability for Online Firearms Marketplaces Act of 2021 . 2. Findings Congress finds the following: (1) The core purpose of section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) (commonly known as the Communications Decency Act ) (referred to in this section as Section 230 ) is to provide a specific protection for online platforms acting as Good Samaritans to stop online abuse. Specifically, Section 230 states that providers of interactive computer services will not be treated as publishers or speakers of user-generated content. In turn, the provision entrusted providers to act as Good Samaritans to police their platforms by blocking and screening offensive content. (2) Section 230 bars actions that hold providers liable as publishers of third-party content, but the statute is irrelevant to claims unrelated to such publications. If a claim does not treat the defendant as a publisher, Section 230 should not apply. (3) However, courts have interpreted Section 230 as providing sweeping immunity for a broad array of providers, including providers alleged to have facilitated violations of criminal laws online. This interpretation is overly broad and discourages the self-policing that Section 230 intended to incentivize. (4) In Daniel v. Armslist, the Wisconsin Supreme Court read Section 230 to bar claims against an online firearms marketplace. The court’s decision swept so broadly as to cover websites designed to encourage and facilitate firearms trafficking in violation of chapter 44 of title 18, United States Code. (5) Online firearms marketplaces have made it increasingly easy for people who are prohibited from gun ownership to purchase guns online. Online firearms marketplaces facilitate such sales because while Federal law requires licensed gun dealers to perform background checks on prospective buyers, it does not require unlicensed sellers to do so. For more than a decade, online firearms marketplaces have exploited this legal loophole by allowing unlicensed sellers to sell guns directly to people prohibited from gun ownership. (6) Every year, unlicensed sellers post more than 1,000,000 advertisements on online firearms marketplaces in States that do not legally require a background check. Individuals with criminal histories and other prohibited purchasers rely on these postings to evade basic background check laws and procure firearms. One study found that nearly 1 in 9 prospective gun buyers who respond to advertisements from unlicensed sellers on a major online firearms marketplace would not pass a background check, which is a rate that is 7 times higher than the denial rate in contexts where background checks are required. (7) Congress did not intend for Section 230 to bar otherwise valid claims against online firearms marketplaces for their own design of a website that encourages and contributes to its users circumventing Federal laws, including Federal gun laws. 3. Protection of victims of gun violence Section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 ) is amended— (1) in subsection (c)— (A) in paragraph (1), by striking No provider and inserting Except as provided in paragraph (3), no provider ; and (B) by adding at the end the following: (3) Treatment of publisher or speaker does not apply to online firearms marketplace Paragraph (1) shall not apply to an online firearms marketplace, for purposes of any claim in an action brought against the online firearms marketplace in its capacity as an online firearms marketplace. ; and (2) in subsection (f), by adding at the end the following: (5) Online firearms marketplace The term online firearms marketplace means an interactive computer service that— (A) facilitates transactions related to firearms, firearms accessories, firearms equipment, and other firearms-related materials; (B) advertises or makes available any posting or listing of any statement by a transferor or by a transferee that could be reasonable inferred to propose the transfer of a firearm; or (C) makes digital instructions in the form of Computer Aided Design files or other code that can automatically program a 3-dimensional printer or similar device to produce a firearm or complete a firearm from an unfinished frame or receiver, regardless of whether such transactions or other activities violate the terms of service of the interactive computer services. (6) Firearm The term firearm has the meaning given the term in section 921(a) of title 18, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s2725is/xml/BILLS-117s2725is.xml |
117-s-2726 | II 117th CONGRESS 1st Session S. 2726 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Ossoff (for himself, Mr. Warnock , Ms. Cortez Masto , Ms. Warren , Ms. Smith , Mr. Van Hollen , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide for competitive grants to support access to affordable housing and the enhancement of mobility for residents in disadvantaged communities or neighborhoods.
1. Short title This Act may be cited as the Public Transportation Expansion Act . 2. Affordable housing access construction grants (a) In general There is authorized to be appropriated to the Secretary of Housing and Urban Development and the Secretary of Transportation for fiscal year 2022 such sums as may be necessary, to remain available until September 30, 2026, for competitive grants to support— (1) access to affordable housing; and (2) the enhancement of mobility for— (A) residents in disadvantaged communities or neighborhoods or in persistent poverty communities; or (B) low-income riders. (b) Administration of funds Amounts made available under this section shall— (1) be available to recipients and subrecipients eligible for assistance under chapter 53 of title 49, United States Code; and (2) after allocation, be administered as if provided under section 5307 of that title. (c) Eligible activities Amounts made available under this section shall be used for any of the following activities: (1) Construction of a new fixed guideway capital project. (2) Construction of a bus rapid transit project or a corridor-based bus rapid transit project that utilizes zero-emission vehicles, including costs related to the acquisition of zero-emission vehicles and related charging or fueling infrastructure, or a collection of those projects. (3) Notwithstanding subsection (a)(1) of section 5307 of title 49, United States Code, an expansion of the service area or the frequency of service of recipients under that section, which may include operational expenses, including the provision of fare-free or reduced-fare service, or the acquisition of zero-emission vehicles or infrastructure to expand service. | https://www.govinfo.gov/content/pkg/BILLS-117s2726is/xml/BILLS-117s2726is.xml |
117-s-2727 | II 117th CONGRESS 1st Session S. 2727 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Lankford (for himself, Ms. Hassan , Ms. Ernst , Mr. Johnson , Mr. Braun , Mr. Scott of Florida , Mr. Daines , Mr. King , Mr. Sasse , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for a period of continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, and establish procedures and consequences in the event of a failure to enact appropriations.
1. Short title This Act may be cited as the Prevent Government Shutdowns Act of 2021 . 2. Automatic continuing appropriations (a) In General Chapter 13 of title 31, United States Code, is amended by adding at the end the following: 1311. Automatic continuing appropriations (a) (1) (A) On and after the first day of each fiscal year, if an appropriation Act for such fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect with respect to the program, project, or activity, there are appropriated such sums as may be necessary to continue, at the rate for operations specified in subparagraph (C), the program, project, or activity if funds were provided for the program, project, or activity during the preceding fiscal year. (B) (i) Appropriations and funds made available and authority granted under subparagraph (A) shall be available for a period of 14 days. (ii) If, at the end of the first 14-day period during which appropriations and funds are made available and authority is granted under subparagraph (A), and the end of every 14-day period thereafter, an appropriation Act for such fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect with respect to the program, project, or activity under a provision of law other than subparagraph (A), the appropriations and funds made available and authority granted under subparagraph (A) during the 14-day period shall be extended for an additional 14-day period. (C) (i) Except as provided in clause (ii), the rate for operations specified in this subparagraph with respect to a program, project, or activity is the rate for operations for the preceding fiscal year for the program, project, or activity— (I) provided in the corresponding appropriation Act for such preceding fiscal year; (II) if the corresponding appropriation bill for such preceding fiscal year was not enacted, provided in the law providing continuing appropriations for such preceding fiscal year; or (III) if the corresponding appropriation bill and a law providing continuing appropriations for such preceding fiscal year were not enacted, provided under this section for such preceding fiscal year. (ii) For entitlements and other mandatory payments whose budget authority was provided for the previous fiscal year in appropriations Acts, under a law other than this section providing continuing appropriations for such previous year, or under this section, and for activities under the Food and Nutrition Act of 2008, appropriations and funds made available during a fiscal year under this section shall be at the rate necessary to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act. (2) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available, in accordance with paragraph (1)(B), for the period— (A) beginning on the first day of any lapse in appropriations during such fiscal year; and (B) ending on the date of enactment of an appropriation Act for such fiscal year with respect to the account for such program, project, or activity (whether or not such Act provides appropriations for such program, project, or activity) or a law making continuing appropriations for the program, project, or activity, as applicable. (3) Notwithstanding section 251(a)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a)(1) ) and the timetable in section 254(a) of such Act ( 2 U.S.C. 904(a) ), for any fiscal year for which appropriations and funds are made available under this section, the final sequestration report for such fiscal year pursuant to section 254(f)(1) of such Act ( 2 U.S.C. 904(f)(1) ) and any order for such fiscal year pursuant to section 254(f)(5) of such Act ( 2 U.S.C. 901(f)(5) ) shall be issued— (A) for the Congressional Budget Office, 10 days after the date on which appropriation Acts providing funding for the entire Federal Government through the end of such fiscal year have been enacted; and (B) for the Office of Management and Budget, 15 days after the date on which appropriation Acts providing funding for the entire Federal Government through the end of such fiscal year have been enacted. (b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. (c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever an appropriation Act for such fiscal year with respect to the account for a program, project, or activity or a law making continuing appropriations until the end of such fiscal year for such program, project, or activity is enacted. (d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period. . (b) Clerical Amendment The table of sections for chapter 13 of title 31, United States Code, is amended by adding at the end the following: 1311. Automatic continuing appropriations. . 3. Timely enactment of appropriation Acts (a) Definitions In this section— (1) the term covered officer or employee means— (A) an officer or employee of the Office of Management and Budget; (B) a Member of Congress; or (C) an employee of the personal office of a Member of Congress, a committee of either House of Congress, or a joint committee of Congress; (2) the term covered period — (A) means any period of automatic continuing appropriations; and (B) with respect to the legislative branch— (i) does not include any period of automatic continuing appropriations that occurs during the period— (I) beginning at the time at which general appropriations Acts providing funding for the entire Federal Government (including an appropriation Act providing continuing funding) have been enacted or passed in identical form by both Houses and transmitted to Secretary of the Senate or Clerk of the House for enrollment and presentment to the President for his signature; and (II) ending at the time at which 1 or more general appropriations Acts— (aa) are vetoed by the President; or (bb) do not become law without the President's signature under article I, section 7 of the Constitution of the United States based on an adjournment of the Congress; and (ii) includes any period of automatic continuing appropriations that is not a period described in clause (i) and that follows a veto or a failure to become law (as described in item (bb) of clause (i)(II)) of 1 or more general appropriations Acts; (3) the term Member of Congress has the meaning given that term in section 2106 of title 5, United States Code; (4) the term National Capital Region has the meaning given that term in section 8702 of title 40, United States Code; and (5) the term period of automatic continuing appropriations means a period during which automatic continuing appropriations under section 1311 of title 31, United States Code, as added by section 2 of this Act, are in effect with respect to 1 or more programs, projects, or activities. (b) Limits on travel expenditures (1) Limits on official travel (A) Limitation Except as provided in subparagraph (B), during a covered period no amounts may be obligated or expended for official travel by a covered officer or employee. (B) Exceptions (i) Return to DC If a covered officer or employee is away from the seat of Government on the date on which a covered period begins, funds may be obligated and expended for official travel for a single return trip to the seat of Government by the covered officer or employee. (ii) Travel in National Capital Region During a covered period, amounts may be obligated and expended for official travel by a covered officer or employee from one location in the National Capital Region to another location in the National Capital Region. (iii) National security events During a covered period, if a national security event that triggers a continuity of operations or continuity of Government protocol occurs, amounts may be obligated and expended for official travel by a covered officer or employee for any official travel relating to responding to the national security event or implementing the continuity of operations or continuity of Government protocol. (2) Restriction on use of campaign funds Section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ) is amended— (A) in subsection (a)(2), by striking for ordinary and inserting except as provided in subsection (d), for ordinary ; and (B) by adding at the end the following: (d) Restriction on use of campaign funds for official travel during automatic continuing appropriations (1) In general Except as provided in paragraph (2), during a covered period (as defined in section 3 of the Prevent Government Shutdowns Act of 2021 ), a contribution or donation described in subsection (a) may not be obligated or expended for travel in connection with duties of the individual as a holder of Federal office. (2) Return to DC If the individual is away from the seat of Government on the date on which a covered period (as so defined) begins, a contribution or donation described in subsection (a) may be obligated and expended for travel by the individual to return to the seat of Government. . (c) Procedures in the Senate and House of Representatives (1) In general During a covered period, in the Senate and the House of Representatives— (A) it shall not be in order to move to proceed to any matter except for— (i) a measure making appropriations for the fiscal year during which the covered period begins; (ii) any motion required to determine the presence of or produce a quorum; or (iii) on and after the 30th calendar day after the first day of a covered period— (I) the nomination of an individual— (aa) to a position at level I of the Executive Schedule under section 5312 of title 5 of the United States Code; or (bb) to serve as Chief Justice of the United States or an Associate Justice of the Supreme Court of the United States; or (II) a measure extending the period during which a program, project, or activity is authorized to be carried out (without substantive change to the program, project, or activity or any other program, project, or activity) if— (aa) an appropriation Act with respect to the program, project, or activity for the fiscal year during which the covered period occurs has not been enacted; and (bb) the program, project, or activity has expired since the beginning of such fiscal year or will expire during the 30-day period beginning on the date of the motion; (B) it shall not be in order to move to recess or adjourn for a period of more than 23 hours; and (C) at noon each day, or immediately following any constructive convening of the Senate under rule IV, paragraph 2 of the Standing Rules of the Senate, the Presiding Officer shall direct the clerk to determine whether a quorum is present. (2) Waiver (A) Limitation on period It shall not be in order in the Senate or the House of Representatives to move to waive any provision of paragraph (1) for a period that is longer than 7 days. (B) Supermajority vote A provision of paragraph (1) may only be waived or suspended upon an affirmative vote of two-thirds of the Members of the applicable House of Congress, duly chosen and sworn. (d) Motion To proceed to appropriations (1) In general On and after the 30th calendar day after the first day of each fiscal year, if an appropriation Act for such fiscal year with respect to a program, project, or activity has not been enacted, it shall be in order in the Senate, notwithstanding rule XXII or any pending executive measure or matter, to move to proceed to any appropriations bill or joint resolution for the program, project, or activity that has been sponsored and cosponsored by not less than 3 Senators who are members of or caucus with the party in the majority in the Senate and not less than 3 Senators who are members of or caucus with the party in the minority in the Senate. (2) Consideration For a bill or joint resolution described in paragraph (1)— (A) the bill or joint resolution may be considered the same day as it is introduced and shall not have to lie over 1 day; and (B) the motion to proceed to the bill or joint resolution shall be debatable for not to exceed 6 hours, equally divided between the proponents and opponents of the motion, and upon the use or yielding back of time, the Senate shall vote on the motion to proceed. 4. Budgetary effects (a) Classification of budgetary effects The budgetary effects of this Act and the amendments made by this Act shall be estimated as if this Act and the amendments made by this Act are discretionary appropriations Acts for purposes of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ). (b) Baseline For purposes of calculating the baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907 ), the provision of budgetary resources under section 1311 of title 31, United States Code, as added by this Act, for an account shall be considered to be a continuing appropriation in effect for such account for less than the entire current year. (c) Enforcement of discretionary spending limits For purposes of enforcing the discretionary spending limits under section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a) ), the budgetary resources made available under section 1311 of title 31, United States Code, as added by this Act, shall be considered part-year appropriations for purposes of section 251(a)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a)(4) ). 5. Effective date This Act and the amendments made by this Act shall take effect on September 30, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2727is/xml/BILLS-117s2727is.xml |
117-s-2728 | II 117th CONGRESS 1st Session S. 2728 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Sullivan (for himself, Ms. Murkowski , Ms. Hirono , and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title VI of the Social Security Act to extend the coverage of Coronavirus Relief Fund payments to Tribal Governments.
1. Extension of coverage of coronavirus relief fund payments to Tribal governments Section 601(d)(3) of the Social Security Act ( 42 U.S.C. 801(d)(3) ) is amended by inserting (or, in the case of a Tribal government, December 31, 2022) after December 31, 2021 . | https://www.govinfo.gov/content/pkg/BILLS-117s2728is/xml/BILLS-117s2728is.xml |
117-s-2729 | II 117th CONGRESS 1st Session S. 2729 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Warnock introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to establish a program through which eligible individuals may obtain vouchers for the purchase of connected devices, and for other purposes.
1. Short title This Act may be cited as the Device Access for Every American Act . 2. Findings Congress finds that— (1) approximately 25 percent of adults in the United States do not own a computer; (2) 4,400,000 households with students still lack consistent access to a computer, which prevents those students from completing schoolwork; (3) there are no reliable estimates about the number of students forced to share a computer with another member of their household, potentially forcing the household to choose between important online activities such as work and learning; (4) for those households without a computer or tablet, most cannot afford one; and (5) while computer access is nearly ubiquitous among high-income households, 40 percent of low-income adults lack a computer. 3. Definitions In this Act: (1) Commission The term Commission means the Federal Communications Commission. (2) Connected device The term connected device means any of the following: (A) A desktop computer. (B) A laptop computer. (C) A tablet computer. (D) Any similar device (except for a telephone or smartphone) that the Commission determines should be eligible for the use of a voucher under the program. (3) Eligible expenses The term eligible expenses means, with respect to a connected device— (A) the retail price of the connected device; (B) any sales taxes collected by the retailer with respect to the sale of the connected device; (C) any shipping charges assessed by the retailer with respect to the connected device; and (D) any reasonable (as defined by the Commission) product warranty and technical support services. (4) Eligible individual The term eligible individual means an individual who is a member of an eligible household, as defined in section 904(a)(6) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), except that— (A) in determining under subparagraph (A) of such section 904(a)(6) for purposes of this paragraph whether at least 1 member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations, or any successor regulation, paragraph (1) of such subsection (a) shall be applied by striking 135 percent and inserting 150 percent ; and (B) subparagraphs (C) and (E) of such section 904(a)(6) shall not apply for purposes of this paragraph. (5) Program The term program means the program established under section 4. 4. Connected device voucher program (a) Establishment; regulations Not later than 180 days after the date of enactment of this Act, the Commission shall establish, and promulgate regulations to implement in accordance with this section, a program through which— (1) an eligible individual may obtain a voucher that can be applied toward the purchase of a connected device from a retailer; and (2) the Commission reimburses the retailer in an amount equal to the lesser of— (A) the amount of the voucher; or (B) the eligible expenses with respect to the connected device. (b) Amount of voucher (1) In general The amount of a voucher under the program shall be $400, as such amount may be adjusted by the Commission under paragraph (2). (2) Reevaluation; adjustment Not later than 3 years after the date on which the Commission promulgates regulations under subsection (a), and every 3 years thereafter, the Commission shall— (A) reevaluate the amount of the voucher; and (B) after conducting such reevaluation, if necessary to ensure that the voucher reflects the average amount of eligible expenses with respect to a connected device, adjust the amount of the voucher. (3) Price of connected device exceeding amount of voucher If the eligible expenses with respect to a connected device exceed the amount of the voucher, an eligible individual may— (A) apply the voucher to such expenses; and (B) pay the remainder of such expenses to the retailer from other funds available to the individual. (c) Number and frequency of vouchers An eligible individual may obtain 1 voucher under the program every 4 years, except that not more than 2 eligible individuals per household may obtain a voucher under the program every 4 years. (d) Minimum standards for connected devices (1) In general A voucher under the program may not be applied toward the purchase of a connected device unless the connected device meets minimum standards to ensure that connected devices meet the needs of the average user, which the Commission shall establish in the regulations promulgated under subsection (a). (2) Reevaluation; revision Not later than 3 years after the date on which the Commission promulgates regulations under subsection (a), and every 3 years thereafter, the Commission shall— (A) reevaluate the minimum standards established under paragraph (1); and (B) after conducting such reevaluation, if necessary to ensure that connected devices continue to meet the needs of the average user, revise such minimum standards. (3) Standards for new and refurbished devices The Commission may establish separate minimum standards under paragraph (1) for new connected devices and for refurbished connected devices. (e) Collaboration with retailers (1) In general The Commission shall collaborate with retailers to ensure the wide acceptance of vouchers and the wide availability of covered devices that will be free of charge to consumers after applying a voucher. (2) Website The Commission shall establish a website, which shall— (A) link to offerings by retailers of connected devices eligible for the use of a voucher under the program so that a consumer may initiate the purchase of such a device using the voucher through the website; and (B) if the number of vouchers available over a particular time period is limited, indicate the number of vouchers remaining. (3) Catalog The Commission shall establish a catalog, which shall— (A) be accessible to consumers without internet access and include offerings by retailers of connected devices eligible for the use of a voucher under the program; and (B) if the number of vouchers available over a particular time period is limited, indicate the number of vouchers remaining. (f) Advertisement of program The Commission shall advertise the availability of the program, including by carrying out advertising campaigns in collaboration with retailers of connected devices. (g) Technical assistance The Commission shall provide technical assistance to retailers, eligible individuals, and community-based organizations regarding participation in the program. (h) Enforcement (1) In general A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or a regulation promulgated under that Act. (2) Manner of enforcement The Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) were incorporated into and made a part of this section. (i) Use of Universal Service Administrative Company permitted The Commission shall have the authority to avail itself of the services of the Universal Service Administrative Company to implement the program, including developing and processing reimbursements and distributing funds. (j) Paperwork reduction act requirements A collection of information conducted or sponsored under the regulations required under subsection (a) shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (k) Privacy Act of 1974 requirements The requirements to publish notices related to system of records notices or computer matching agreements of the agency before implementation required under paragraphs (4), (11), and (12) of section 552a(e) and to provide adequate advanced notice under section 552a(r) of title 5, United States Code (commonly known as the Privacy Act of 1974 ), shall not apply when the matching program is necessary to determine eligibility under the program, except that the notices shall be— (1) sent to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Office of Management and Budget; and (2) simultaneously submitted for publication in the Federal Register. (l) Authorization of appropriations There is authorized to be appropriated to the Commission for fiscal year 2022, to remain available until September 30, 2026, $5,000,000,000 to carry out this section, of which not more than 3 percent may be used to administer and promote the program. | https://www.govinfo.gov/content/pkg/BILLS-117s2729is/xml/BILLS-117s2729is.xml |
117-s-2730 | II 117th CONGRESS 1st Session S. 2730 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Padilla (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Education to establish a pilot grant program to develop, implement, and evaluate comprehensive mental health services programs in elementary schools and secondary schools, and for other purposes.
1. Short title This Act may be cited as the Comprehensive Mental Health in Schools Pilot Program Act of 2021 . 2. Mental health pilot grant program (a) Purposes The purposes of the program established under this section are to— (1) prioritize, with respect to all elementary school and secondary school students— (A) academic, cognitive, social-emotional, and identity development; (B) mental and behavioral health; and (C) physical health; (2) meet the priorities described in paragraph (1) by intervening with equitable multi-tier systems of support; (3) support measurable outcomes, which focus on continuous improvement instead of punitive measures; (4) ensure equitable access to high-quality, safe, and supportive learning environments; (5) integrate the teaching of social, emotional, and cognitive learning skills and competencies throughout all aspects of the elementary school and secondary school environments, including through standalone measures; (6) use evidence-based instructional materials, practices, programs, and resources to implement the practices described in paragraph (5); (7) build expertise among trusted adults with respect to responding to the mental and behavioral health needs of students in elementary school and secondary school communities, including teachers, administrators, specialized instructional support personnel, paraprofessionals, other staff, parents, and caregivers; and (8) hire a full complement of mental and behavioral health professionals to ensure an appropriate ratio of students to such professionals. (b) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a pilot grant program to award grants, on a competitive basis, to local educational agencies to— (1) establish, develop, implement, and evaluate a comprehensive, multi-tier system of support with respect to mental and behavioral health services programs in elementary schools and secondary schools served by such local educational agencies; and (2) fully fund comprehensive mental and behavioral health services in such elementary schools and secondary schools. (c) Consultation and assistance In establishing the program under subsection (b), the Secretary shall— (1) consult with nationally recognized organizations that identify, support, and advocate for evidence-based social-emotional learning policy and practices and multi-tier systems of support within elementary schools and secondary schools; (2) consult with nationally recognized organizations— (A) with expertise in child, adolescent, and developmental mental health; and (B) that identify, support, and advocate for evidence-based prevention of, and intervention for, child trauma; and (3) provide technical assistance to grant recipients with respect to implementation and execution of activities under this section. (d) Application (1) In general To be eligible for a grant under this section, a local educational agency shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) a needs assessment; (B) a plan to— (i) during the grant period described in subsection (f), implement the activities described under subsection (h); and (ii) after the conclusion of the grant period described in subsection (f), maintain such activities; and (C) a cost assessment with respect to implementing the plan described in subparagraph (B). (2) Timing A local educational agency may only submit an application during the period— (A) beginning on the date that the Secretary establishes the program under subsection (b); and (B) ending on the date that is 120 days after the date described in subparagraph (A). (3) Notification period The Secretary shall notify each local educational agency that submits an application under this subsection of the decision to award, or not award, a grant to such agency not later than 90 days after the date that is the final day of the period described in paragraph (2)(B). (e) Priority In awarding grants under this section, the Secretary shall give priority to local educational agencies that— (1) serve high-poverty elementary schools and secondary schools; and (2) with respect to the services described in paragraphs (3) and (4) of subsection (h)— (A) provide such services within such elementary schools and secondary schools; or (B) provide an assurance, in the application submitted under subsection (d), that such local educational agency will use grant funds awarded under this section to implement such services within such elementary schools and secondary schools. (f) Grant period (1) Duration A grant awarded under this section shall be for a period of 4 consecutive academic years. (2) Beginning of grant period The grant period described in paragraph (1) shall begin on the date that is the first day of the first academic year beginning after the Secretary notifies each local educational agency under subsection (d)(3). (g) Supplement not supplant Grant funds provided under this section shall be used to supplement, not supplant, other Federal, State, or local funds available to carry out the activities described in subsection (h). (h) Grant uses A local educational agency shall use grant funds awarded under this section for the following activities: (1) Evaluating the needs of the elementary schools and secondary schools served by such local educational agency with respect to the activities described in paragraphs (2) through (4). (2) Implementing, in consultation with teachers and school mental and behavioral health professionals, evidence-based universal social-emotional learning programs, approaches, and supports, including by— (A) incorporating principles of motivation and engagement and resiliency training into class instruction; (B) promoting connections by establishing regular collaboration and communication between and among students, parents, caregivers, and staff; (C) promoting a safe, equitable, supportive, and healthy school climate that is racially, culturally, developmentally, and linguistically responsive to encourage positive behavior and academic engagement; (D) establishing racially, culturally, developmentally, and linguistically appropriate evidence-based trauma-informed and trauma-competent practices to support students and staff; (E) establishing evidence-informed psychological supports for students and staff to promote a sense of agency, safety, calmness, self-efficacy, mindfulness, and coping skills; and (F) adopting positive, non-punitive, restorative policies to address challenging behaviors, discipline, and de-escalation, focused on developing, maintaining, and repairing relationships in place of utilizing retributive and exclusionary practices. (3) Implementing targeted interventions that are equitable for all students and that support emotional management, goal setting, and establishing routines and consistency, including— (A) evidence-based and trauma-informed screening and referral to mental and behavioral health services; (B) small groups for support, problem-solving, and strengthening collaborations; (C) peer support groups; (D) parent and caregiver engagement; (E) periodic check-in meetings with students during the regular school day; (F) by monitoring for evidence of food insecurity, homelessness, neglect, and abuse, including with respect to disadvantaged students; and (G) personalized learning experiences, accommodations, modifications, and technical supports as appropriate for students. (4) Implementing intensive supports, including— (A) individualized intervention and support from school-based professionals; (B) by hiring such school-based professionals; and (C) ongoing evidence-based and trauma-informed progress monitoring of students and intervention based on such monitoring. (5) Providing professional development for teachers and other school staff with respect to— (A) developing a healthy learning climate, including through positive classroom management, enhancing empathy and respect, and promoting a sense of belonging for students; (B) integrating social and emotional learning, motivation and engagement, and resiliency training into classroom instruction and practices; (C) the impact of adverse childhood experiences and traumatic experiences on the health and development of students; (D) evidence-based and trauma-informed approaches to teaching and managing student behavior; (E) racially, culturally, developmentally, and linguistically appropriate techniques for providing more agency to students; (F) implicit bias and restorative justice practices; and (G) racially, culturally, developmentally, and linguistically responsive teaching. (i) Evaluation (1) In general The Secretary shall— (A) not later than 1 year before the last day of the grant period described in subsection (f), enter into a contract with a nationally-recognized educational evaluation institution or organization; and (B) not later than 1 year after the conclusion of the grant period described in subsection (f), coordinate with such institution or organization to provide an evaluation of the pilot grant program, including— (i) a determination with respect to the sufficient ratio of school-based professionals to students; (ii) information with respect to the practices used by local educational agencies to improve the mental and behavioral well-being of students; (iii) information with respect to increased competencies among teachers and other school staff on social and emotional learning and trauma-informed practices; (iv) data on the mental and behavioral health outcomes of students, in the aggregate and disaggregated by— (I) race and ethnicity; (II) gender; (III) sexual orientation; (IV) status as an English learner; and (V) status as a student with a disability; and (v) a recommendation as to whether such program should be continued or expanded. (2) Publication The Secretary shall make the evaluation required under paragraph (1) publicly available on the website of the Department. (3) Report Not later than 60 days after the completion of the evaluation required under paragraph (1), the Secretary shall submit to Congress a report on the outcome of the pilot grant program, including a recommendation with respect to continuing or expanding the program. (j) Continuation of program (1) Applications If the evaluation required under subsection (i)(1) contains a recommendation that the pilot grant program should be continued or expanded, the Secretary— (A) may continue or expand such program; and (B) if such program is expanded or continued— (i) shall allow a local educational agency that did not receive a grant under the pilot program established under this section to apply for a grant in accordance with subsection (d)(1); and (ii) shall allow a local educational agency that received a grant under the pilot program established under this section to apply for a renewal of such grant for an additional period of 4 consecutive academic years. (2) Evaluation Not later than 1 year after the first grant is awarded or renewed after the continuation or expansion of the program, the Secretary shall coordinate with the institution or organization described in subsection (i)(1)(A) to provide an evaluation of the renewal of the pilot grant program. (3) Publication The Secretary shall make the evaluation required under paragraph (2) publicly available on the website of the Department. (4) Report Not later than 60 days after the completion of the evaluation required under paragraph (2), the Secretary shall submit to Congress a report on the progress of the renewal or expansion of the program. (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000, for fiscal year 2022, to be available until expended. (l) Definitions In this section: (1) ESEA terms The terms Department , elementary school , local educational agency , multi-tier system of supports , secondary school , and Secretary have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act ( 20 U.S.C. 7801 ). (2) School-based professional The term school-based professional means a behavioral specialist or mental health specialist. | https://www.govinfo.gov/content/pkg/BILLS-117s2730is/xml/BILLS-117s2730is.xml |
117-s-2731 | II 117th CONGRESS 1st Session S. 2731 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mrs. Blackburn (for herself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To designate the facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, as the Thelma Harper Post Office Building .
1. Thelma Harper Post Office Building (a) Designation The facility of the United States Postal Service located at 2245 Rosa L Parks Boulevard in Nashville, Tennessee, shall be known and designated as the Thelma Harper Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Thelma Harper Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-117s2731is/xml/BILLS-117s2731is.xml |
117-s-2732 | II 117th CONGRESS 1st Session S. 2732 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Menendez (for himself, Mr. Graham , Mr. Whitehouse , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit certain conduct relating to the use of horses for human consumption.
1. Short title This Act may be cited as the John Stringer Rainey Save America's Forgotten Equines Act or the John Stringer Rainey SAFE Act . 2. Slaughter of horses for human consumption (a) In general Chapter 3 of title 18, United States Code, is amended by adding at the end the following: 50. Slaughter of horses for human consumption (a) Offense It shall be unlawful to knowingly— (1) possess, ship, transport, purchase, sell, deliver, or receive, in or affecting interstate or foreign commerce, any horse with the intent that it is to be slaughtered for human consumption; or (2) possess, ship, transport, purchase, sell, deliver, or receive, in or affecting interstate or foreign commerce, any horse flesh or carcass or part of a carcass, with the intent that it is to be used for human consumption. (b) Penalty Any person who violates subsection (a)— (1) shall be fined under this title, imprisoned not more than 2 years, or both; or (2) in the case of a covered offense, shall be fined under this title, imprisoned not more than 1 year, or both. (c) Definitions In this section— (1) the term covered offense means a violation of subsection (a) in which— (A) the defendant has no prior conviction under this section; and (B) the conduct involves fewer than 5 horses or fewer than 2,000 pounds of horse flesh or carcass or part of a carcass; and (2) the term horse means any member of the family Equidae. . (b) Clerical amendment The table of sections for chapter 3 of title 18, United States Code, is amended by adding at the end the following: 50. Slaughter of horses for human consumption. . | https://www.govinfo.gov/content/pkg/BILLS-117s2732is/xml/BILLS-117s2732is.xml |
117-s-2733 | II 117th CONGRESS 1st Session S. 2733 IN THE SENATE OF THE UNITED STATES September 14, 2021 Ms. Hassan (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To terminate the United States Enrichment Corporation Fund and transfer remaining amounts to the Treasury.
1. Short title This Act may be cited as the United States Enrichment Corporation Fund Termination and Transfer Act . 2. Termination of United States Enrichment Corporation Fund (a) Definition of Fund In this section, the term Fund means the United States Enrichment Corporation Fund established by section 1308 of the Atomic Energy Act of 1954 (68 Stat. 921, chapter 1073; 106 Stat. 2929) (repealed by section 3116(a)(1) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 ( Public Law 104–134 ; 110 Stat. 1321–349)). (b) Rescission of amounts All amounts in the Fund as of the date of enactment of this Act are rescinded. (c) Transfer of amounts The Secretary of the Treasury shall transfer all amounts in the Fund to the general fund of the Treasury. (d) Termination of fund The Fund shall terminate on completion of the transfer under subsection (c). (e) Deposit of amounts Beginning on the date of enactment of this Act, any amounts required to be deposited in the Fund under any other law shall be deposited in the general fund of the Treasury. | https://www.govinfo.gov/content/pkg/BILLS-117s2733is/xml/BILLS-117s2733is.xml |
117-s-2734 | II 117th CONGRESS 1st Session S. 2734 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Lee (for himself, Mr. Tuberville , Mrs. Blackburn , Mr. Sullivan , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require Senate confirmation of the Director of the Centers for Disease Control and Prevention.
1. Short title This Act may be cited as the Restoring Trust in Public Health Act . 2. Appointment of the Director of the Centers for Disease Control and Prevention Part A of title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: 310B. Appointment of the Director of the Centers for Disease Control and Prevention The President shall appoint, by and with the advice and consent of the Senate, the Director of the Centers for Disease Control and Prevention. . | https://www.govinfo.gov/content/pkg/BILLS-117s2734is/xml/BILLS-117s2734is.xml |
117-s-2735 | II 117th CONGRESS 1st Session S. 2735 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 5, United States Code, to designate September 11 Day of Remembrance as a legal public holiday.
1. Short title This Act may be cited as the September 11 Day of Remembrance Act . 2. September 11 Day of Remembrance as a legal public holiday Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Labor Day the following: September 11 Day of Remembrance, September 11. . | https://www.govinfo.gov/content/pkg/BILLS-117s2735is/xml/BILLS-117s2735is.xml |
117-s-2736 | II 117th CONGRESS 1st Session S. 2736 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Burr (for himself, Mr. Tester , Ms. Ernst , Mr. Kelly , Mr. Tillis , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To exclude vehicles to be used solely for competition from certain provisions of the Clean Air Act, and for other purposes.
1. Short title This Act may be cited as the Recognizing the Protection of Motorsports Act of 2021 or the RPM Act of 2021 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Part or component The term part or component is within the meaning of the term in section 203 of the Clean Air Act ( 42 U.S.C. 7522 ). 3. Exemption from anti-tampering provisions (a) In general Section 203(a) of the Clean Air Act ( 42 U.S.C. 7522(a) ) is amended by adding at the end the following: No action with respect to any device or element of design described in paragraph (3) shall be treated as a prohibited act under that paragraph if the action is for the purpose of modifying a motor vehicle into a vehicle to be used solely for competition, and that vehicle is not authorized for operation on a street or highway. . (b) Implementation In implementing the amendment made by subsection (a), the Administrator shall not— (1) create a Federal database, or identify or require the creation of a State database, of vehicle registration information that is required to be consulted at the point of manufacture, sale, installation, or use of parts or components; and (2) require the registration of a vehicle or a part or component of a vehicle by the manufacturer, seller, purchaser, installer, or user of the vehicle. 4. Regulation (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall finalize a regulation to implement the amendment made by section 3(a). (b) Requirements The regulation under subsection (a) shall— (1) describe reasonable conditions for the applicability of the exemption under the amendment made by section 3(a) that are consistent with the requirements described in section 3(b); (2) provide that evidence of physical attributes of a vehicle to be used solely for competition may be sufficient to qualify for the exemption under the amendment made by section 3(a); and (3) provide that a manufacturer, seller, or installer of a part or component seeking to use the exemption under the amendment made by section 3(a) may not rely solely on unsupported declarations from the purchaser or owner of a vehicle about— (A) the legal status of the vehicle; or (B) the intended use of— (i) the part or component; or (ii) the vehicle. 5. Effective date Section 3, including the amendment made by section 3(a), takes effect on the date of enactment of this Act, without regard to whether a final regulation has been promulgated under section 4. | https://www.govinfo.gov/content/pkg/BILLS-117s2736is/xml/BILLS-117s2736is.xml |
117-s-2737 | II 117th CONGRESS 1st Session S. 2737 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Inhofe (for himself, Mr. King , Mr. Coons , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the American History and Civics Education program under the Elementary and Secondary Education Act of 1965 to require inclusion of programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights.
1. Short title This Act may be cited as the Constitution education Is Valuable In Community Schools Act of 2021 or the CIVICS Act of 2021 . 2. National activities Section 2233(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6663(b) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) shall— (A) show potential to improve the quality of student achievement in, and teaching of, American history, civics and government, or geography, in elementary schools and secondary schools; (B) demonstrate innovation, scalability, accountability, and a focus on underserved populations; and (C) include programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights; and (2) may include hands-on civic engagement activities for teachers and students. . | https://www.govinfo.gov/content/pkg/BILLS-117s2737is/xml/BILLS-117s2737is.xml |
117-s-2738 | II 117th CONGRESS 1st Session S. 2738 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Cornyn (for himself, Ms. Warren , Mr. Markey , Mrs. Feinstein , Mr. Cruz , Mr. Rubio , Mr. Padilla , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to the United States Army Dustoff crews of the Vietnam War, collectively, in recognition of their extraordinary heroism and life-saving actions in Vietnam.
1. Short title This Act may be cited as the Dustoff Crews of the Vietnam War Congressional Gold Medal Act . 2. Findings The Congress finds that— (1) a United States Army Dustoff crewman (pilot, crew chief, and medic) is a helicopter crew member who served honorably during the Vietnam War aboard helicopter air ambulances, which were both non-division and division assets under the radio call signs Dustoff and Medevac ; (2) Dustoff crews performed aeromedical evacuation for United States, Vietnamese, and allied forces in Southeast Asia from May 1962 through March 1973; (3) nearing the end of World War II, the United States Army began using helicopters for medical evacuation and years later, during the Korean War, these helicopter air ambulances were responsible for transporting 17,700 United States casualties; (4) during the Vietnam War, with the use of helicopter air ambulances, United States Army Dustoff crews pioneered the concept of dedicated and rapid medical evacuation and transported almost 900,000 United States, South Vietnamese, and other allied sick and wounded, as well as wounded enemy forces; (5) helicopters proved to be a revolutionary tool to assist those injured on the battlefield; (6) highly skilled and intrepid, Dustoff crews were able to operate the helicopters and land them on almost any terrain in nearly any weather to pick up wounded, after which the Dustoff crews could provide care to these patients while transporting them to ready medical facilities; (7) the vital work of the Dustoff crews required consistent combat exposure and often proved to be the difference between life and death for wounded personnel; (8) the revolutionary concept of a dedicated combat life-saving system was cultivated and refined by United States Army Dustoff crews during 11 years of intense conflict in and above the jungles of Southeast Asia; (9) innovative and resourceful Dustoff crews in Vietnam were responsible for taking the new concept of helicopter medical evacuation, born just a few years earlier, and revolutionizing it to meet and surpass the previously unattainable goal of delivering a battlefield casualty to an operating table within the vaunted golden hour ; (10) some Dustoff units in Vietnam operated so efficiently that they were able to deliver a patient to a waiting medical facility on an average of 50 minutes from the receipt of the mission, which saved the lives of countless personnel in Vietnam, and this legacy continues for modern-day Dustoff crews; (11) the inherent danger of being a member of a Dustoff crew in Vietnam meant that there was a 1 in 3 chance of being wounded or killed; (12) many battles during the Vietnam War raged at night, and members of the Dustoff crews often found themselves searching for a landing zone in complete darkness, in bad weather, over mountainous terrain, and all while being the target of intense enemy fire as they attempted to rescue the wounded, which caused Dustoff crews to suffer a rate of aircraft loss that was more than 3 times that of all other types of combat helicopter missions in Vietnam; (13) the 54th Medical Detachment typified the constant heroism displayed by Dustoff crews in Vietnam, over the span of a 10-month tour, with only 3 flyable helicopters and 40 soldiers in the unit, evacuating 21,435 patients in 8,644 missions while being airborne for 4,832 hours; (14) collectively, the members of the 54th Medical Detachment earned 78 awards for valor, including 1 Medal of Honor, 1 Distinguished Service Cross, 14 Silver Star Medals, 26 Distinguished Flying Crosses, 2 Bronze Star Medals for valor, 4 Air Medals for valor, 4 Soldier’s Medals, and 26 Purple Heart Medals; (15) the 54th Medical Detachment displayed heroism on a daily basis and set the standard for all Dustoff crews in Vietnam; (16) 6 members of the 54th Medical Detachment are in the Dustoff Hall of Fame, 3 are in the Army Aviation Hall of Fame, and 1 is the only United States Army aviator in the National Aviation Hall of Fame; (17) Dustoff crew members are among the most highly decorated soldiers in American military history; (18) in early 1964, Major Charles L. Kelly was the Commanding Officer of the 57th Medical Detachment (Helicopter Ambulance), Provisional, in Soc Trang, South Vietnam; (19) Major Kelly helped to forge the Dustoff call sign into history as one of the most welcomed phrases to be heard over the radio by wounded soldiers in perilous and dire situations; (20) in 1964, Major Kelly was killed in action as he gallantly maneuvered his aircraft to save a wounded American soldier and several Vietnamese soldiers and boldly replied, after being warned to stay away from the landing zone due to the ferocity of enemy fire, When I have your wounded. ; (21) General William Westmoreland, Commander, Military Assistance Command, Vietnam (1964–1968), singled out Major Kelly as an example of the greatness of the human spirit and highlighted his famous reply as an inspiration to all in combat; (22) General Creighton Abrams, Westmoreland’s successor (1968–1972), and former Chief of Staff of the United States Army, highlighted the heroism of Dustoff crews, A special word about the Dustoffs … Courage above and beyond the call of duty was sort of routine to them. It was a daily thing, part of the way they lived. That’s the great part, and it meant so much to every last man who served there. Whether he ever got hurt or not, he knew Dustoff was there. ; (23) Dustoff crews possessed unique skills and traits that made them highly successful in aeromedical evacuation in Vietnam, including indomitable courage, extraordinary aviation skill and sound judgment under fire, high-level medical expertise, and an unequaled dedication to the preservation of human life; (24) members of the United States Armed Forces on the ground in Vietnam had their confidence and battlefield prowess reinforced knowing that there were heroic Dustoff crews just a few minutes from the fight, which was instrumental to their well-being, willingness to fight, and morale; (25) military families in the United States knew that their loved ones would receive the quickest and best possible care in the event of a war-time injury, thanks to the Dustoff crews; (26) the willingness of Dustoff crews to also risk their lives to save helpless civilians left an immeasurably positive impression on the people of Vietnam and exemplified the finest American ideals of compassion and humanity; and (27) Dustoff crews from the Vietnam War hailed from every State in the United States and represented numerous ethnic, religious, and cultural backgrounds. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a single gold medal of appropriate design in honor of the Dustoff crews of the Vietnam War, collectively, in recognition of their heroic military service, which saved countless lives and contributed directly to the defense of our country. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary, in consultation with the Secretary of Defense. (c) Smithsonian institution (1) In general Following the award of the gold medal in honor of the Dustoff Crews of the Vietnam War, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should also make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Vietnam War, and that preference should be given to locations affiliated with the Smithsonian Institution. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medal The medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of chapter 51 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s2738is/xml/BILLS-117s2738is.xml |
117-s-2739 | II 117th CONGRESS 1st Session S. 2739 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mrs. Blackburn (for herself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 40, United States Code, to add certain counties to the definition of Appalachian region .
1. Definition of Appalachian region Section 14102(a)(1)(K) of title 40, United States Code, is amended— (1) by inserting Hickman, Humphreys, after Hawkins, ; and (2) by inserting Perry, after Overton, . | https://www.govinfo.gov/content/pkg/BILLS-117s2739is/xml/BILLS-117s2739is.xml |
117-s-2740 | II 117th CONGRESS 1st Session S. 2740 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Brown (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a strategic active pharmaceutical ingredient reserve to maintain a domestic supply of active pharmaceutical ingredients and key starting materials needed for the manufacturing of essential generic medicines, and to build a pipeline for domestic active pharmaceutical ingredient production.
1. Short title This Act may be cited as the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021 or the PREPARE Act . 2. Listing of essential generic medicines Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 319M the following: 319N. Listing of essential generic medicines (a) In general The Secretary, in consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, the Secretary of Defense, Secretary of Homeland Security, and other heads of agencies, as appropriate, shall establish and make public a list of essential generic medicines determined, in accordance with subsection (b), to be medically necessary to have available at all times. (b) Requirements (1) Initial list The initial list of essential generic medicines under subsection (a) shall be the generic medicines included on the list of essential medicines, medical countermeasures, and critical inputs identified by the Commissioner of Food and Drugs as published on October 30, 2020, in accordance with section 3(c) of Executive Order 13944. (c) Updates (1) Annual review Not less than once each year, the Secretary, after consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, the Secretary of Defense, Secretary of Homeland Security, and other heads of agencies, as appropriate, shall review and update the list of essential generic medicines required under subsection (a). (2) Rationale In carrying out the annual review and update under paragraph (1), the Secretary shall provide a rationale for each essential generic medicine added to, or removed from, the list under subsection (a). (3) Specific populations The Secretary shall consider including on the list under subsection (a), and, where appropriate, include on such list, essential generic medicines that are essential to specific subpopulations, including pediatric populations, in developing the list under such subsection. (4) Threat assessments (A) In general The Secretary, after consultation with the Public Health Emergency Medical Countermeasures Enterprise established under section 2811–1, shall conduct regular threat assessments, and take such assessments into consideration in updating the list in accordance with paragraph (1). (B) Threat assessments considerations Each threat assessment under this paragraph shall include consideration of— (i) the lack of existing domestic capacity of essential generic medicines; (ii) the concentration of current supply of the essential generic medicine or active pharmaceutical ingredients of the essential generic medicine in one geographical region; (iii) whether there are less than 2 manufacturers of the essential generic medicine or active pharmaceutical ingredients of the essential generic medicine; and (iv) the potential for increased demand in a public health emergency. (5) Director of the strategic active pharmaceutical ingredients reserve The Secretary shall appoint a Director of the Strategic Active Pharmaceutical Ingredients Reserve who has experience in one or more of the following areas: supply chain management, disaster response, pharmaceutical or active pharmaceutical ingredient development, or logistics. Such Director shall ensure a sufficient supply of the active pharmaceutical ingredients and critical components necessary to manufacture the essential generic medicines included on the list under subsection (a) in an amount adequate to serve the needs of patients living in the United States and in the appropriate dosage forms. (d) Appeal process The Secretary shall establish a process by which stakeholders may appeal a determination by the Secretary not to include an essential generic medicine on the list under subsection (a). (e) Definitions In this section: (1) Drug The term drug has the meaning given such term in section 201(g) of the Federal Food, Drug, and Cosmetic Act, and includes a biological product (as defined in section 351(i) of this Act). Such term includes prescription and nonprescription drugs, or active pharmaceutical ingredients of drugs. (2) Essential generic medicine The term essential generic medicine means a drug for which a generic is approved, that is medically necessary to have available at all times because the drug is— (A) commonly used to prevent, mitigate, or treat a common disease or condition, or used in a common procedure; (B) an antibiotic or antifungal used to treat an infectious diseases; (C) necessary to prevent or mitigate a public health emergency; or (D) life-supporting, life-sustaining, or intended for use in the prevention or treatment of a debilitating disease or condition. . 3. Establishment of the strategic active pharmaceutical ingredient reserve Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ), as amended by section 2, is further amended by inserting after section 319N the following: 319N–1. Strategic active pharmaceutical ingredient reserve (a) Strategic Active Pharmaceutical Ingredient Reserve Plan (1) In general Not later than 90 days after the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021 , the Secretary, in consultation with the Assistant Secretary for Preparedness and Response, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, and the Director of the Biomedical Advanced Research and Development Authority, shall prepare and submit to Congress a Strategic Active Pharmaceutical Ingredient Reserve Plan (referred to in this section as the Plan ) in accordance with subsection (b), which shall be used by the Secretary in establishing and maintaining the Strategic Active Pharmaceutical Ingredient Reserve described in subsection (c). (2) Annual updates The Secretary shall update the plan annually and, by not later than June 1 of each year, submit the updated plan to the applicable committees of Congress. (3) National security considerations (A) Submissions The Secretary shall ensure that any submission of the plan (including any update to the plan) to the applicable committees of Congress is in a manner that does not compromise national security. (B) Exemption from disclosure Information in the plan that, in the judgment of the Secretary, would reveal public health vulnerabilities shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (b) Plan requirements (1) In general The Plan required under subsection (a) shall— (A) detail the design, construction, and filling of the storage and related facilities comprising the Strategic Active Pharmaceutical Ingredient Reserve described in subsection (c) (referred to in this section as the Reserve ); (B) detail the requirements for maintaining the Reserve described in subsection (c), including— (i) storage and testing requirements, consistent with parts 210 and 211 of title 21, Code of Federal Regulations, or any successor regulation; and (ii) any specific criteria agreed to by the Secretary and the manufacturer of the essential generic medicine using the active pharmaceutical ingredient or key starting material; (C) be designed to minimize the impact of any interruption or reduction in imports of— (i) active pharmaceutical ingredients and other key starting materials that the Secretary determines are, or are likely to become, dependent upon such imports for a substantial portion of finished essential generic medicines; and (ii) finished dosage forms of essential generic medicines for which active pharmaceutical ingredients and other key starting materials are not imported; (D) include provisions to strengthen domestic capacity for active pharmaceutical ingredient production, storage, and conversion; and (E) outline plans and processes for coordinating and consulting, as appropriate, with the Assistant Secretary for Preparedness and Response regarding relevant issues of interest pertaining to the maintenance and stocking of the strategic national stockpile. (2) Required components (A) In general The Plan shall include the following: (i) Identification and prioritization of the essential generic medicines included on the most recent list under section 319N(a)— (I) that the Secretary determines are essential for health care needs in the United States; and (II) for which the Secretary determines that there is the greatest need to maintain a reserve of the active pharmaceutical ingredients and key starting materials for the essential generic medicines— (aa) taking into account factors including the extent to which the United States is, or is at risk of becoming, dependent on foreign sources for a substantial portion of the domestic need; and (bb) giving special consideration to the essential generic medicines at risk of supply interruption as a result of the factors described in section 319N(c)(4)(B). (ii) An evaluation of the utilization levels of the essential generic medicines identified under clause (i) to inform how much of the active pharmaceutical ingredients of such medicines is required to cover the projected health care needs for one year of the United States population. (iii) A comprehensive assessment of the essential generic medicines identified under clause (i), including the existing manufacturing bases for each such medicine (including identification and location of ownership of such facilities) and whether the active pharmaceutical ingredients of such ingredients are manufactured domestically or abroad, and whether finished dosage conversion steps for such essential generic medicines are performed domestically or abroad. (iv) The types of facilities, equipment, and technology required to appropriately store, track, test, and convert all forms of active pharmaceutical ingredients that are critical inputs of drugs that are essential generic medicines, preliminary proposed locations for such public and privately owned facilities in multiple locations in the United States, the capacity required of the facilities used, and the estimated cost of acquisition and storage of the active pharmaceutical ingredients and management and operation of the facilities. (v) An evaluation of the impact that the establishment and ongoing maintenance of the Reserve may have, including on availability and pricing of active pharmaceutical ingredients and finished drug dosages. (vi) A distribution plan for the active pharmaceutical ingredients held in the Reserve, which shall include— (I) protocols for the method of conversion of active pharmaceutical ingredients into finished drugs, including conversion of key starting materials into active pharmaceutical ingredients and distribution from the Reserve into the strategic national stockpile and other government and commercial pharmaceutical distribution networks; and (II) benchmarks for the Secretary to initiate conversion of drug products that are essential generic medicines using the active pharmaceutical ingredients stored in the Reserve for transfer to the strategic national stockpile or other government or commercial pharmaceutical distribution networks, based on changes in the supply chain for the top essential generic medicines or a determination by the Secretary regarding a threat to public health. (vii) A mechanism through which private sector manufacturers of active pharmaceutical ingredients or finished dosage forms may, through contracts with existing Reserve facilities, store and withdraw such ingredients in the Reserve to enhance resilience and reduce shortages and disruptions in the supply chain. (viii) A mechanism through which the Federal Government may purchase, via manufacturing partners, reserve capacity for finished drug manufacturing to convert active pharmaceutical ingredients into finished drugs for essential generic medicines. (B) Number of drugs (i) In general Pursuant to subparagraph (A)(i), the Secretary shall ensure that for the first year after the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021 , the Plan includes not less than 25 essential generic medicines, and that 25 additional essential generic medicines are included in such Plan for each year thereafter until the active pharmaceutical ingredients necessary to support the full list of essential generic medicines identified under section 319N(a) are covered. (ii) Prioritization The Secretary shall prioritize essential generic medicines needed immediately in the event of an emergency. (3) Quantities of APIs and key starting materials (A) In general To the maximum extent practicable, the Plan should include a plan to ensure that, for each essential generic medicine included in the Plan, the active pharmaceutical ingredients used in the production of such medicine that are stored in the Reserve are available in the minimum quantities as follows: (i) By the date that is 18 months after the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021 , not less than 10 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. (ii) By the date that is 3 years after such date of enactment, not less than 25 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. (iii) By the date that is 5 years after such date of enactment, not less than 50 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. (iv) By the date that is 10 years after such date of enactment, not less than 90 percent of the total amount of such ingredients needed to produce sufficient quantities of the essential generic medicines for the treatment of individuals living in the United States. (B) Calculation of quantity of API In calculating the quantities of active pharmaceutical ingredients needed for purposes of subparagraph (A), the Secretary shall determine the quantity of each essential generic medicine required to cover the projected health care needs, over a 1-year period, of people living in the United States, based on average annual demand during the 3-year period preceding the date of enactment of the Promoting Readiness and Ensuring Proper Active pharmaceutical ingredient Reserves of Essential medicines Act of 2021 . (c) Administering the strategic active pharmaceutical ingredient reserve (1) In general With respect to each active pharmaceutical ingredient and key starting material that is included in the Plan, the Secretary shall place in storage, transport, track, and exchange quantities of the substance that are— (A) produced in conformance with all quality requirements under this Act and the Federal Food, Drug, and Cosmetic Act, including the associated regulations of such Acts; (B) stored in compliance with— (i) the requirements of parts 210 and 211 of title 21, Code of Federal Regulations, or any successor regulation; and (C) any specific criteria agreed to by the Secretary and the manufacturer of the essential generic medicine using the active pharmaceutical ingredient or key starting material. (2) Requirements To the greatest extent practicable, in carrying out paragraph (1), the Secretary shall acquire active pharmaceutical ingredients and key starting materials in a manner that minimizes cost, minimizes vulnerability of the United States to severe shortages or disruptions for essential generic medicines, minimizes the impact of acquisition of such ingredients and materials to the marketplace, gives preference to domestic manufacturers, and encourages competition in the marketplace. (3) Drawdown of the Reserve (A) In general The Secretary may distribute active pharmaceutical ingredients and key starting materials in the Reserve in order to initiate conversion of active pharmaceutical ingredients and finished dosage form, in accordance with the Plan developed under subsection (b). (B) Deviations from plan In distributing active pharmaceutical ingredients and key starting materials under subparagraph (A), the Secretary, in consultation with the Commissioner of Food and Drugs and the Assistant Secretary for Preparedness and Response, may deviate from the Plan developed under subsection (b) only after certifying that the distribution from the Reserve is required in response to a significant drug supply interruption. (d) Consultation (1) In general In carrying out this section, the Secretary shall consult with— (A) the Commissioner of Food and Drugs, with respect to identifying essential generic medicines; (B) the Administrator of the Centers for Medicare & Medicaid Services, with respect to determining the volume of essential generic medicines needed domestically; and (C) the Assistant Secretary for Preparedness and Response, and, as appropriate, the Director of the Centers for Disease Control and Prevention, regarding coordination with the strategic national stockpile. (2) Reporting by FDA The Commissioner of Food and Drugs shall provide to the Secretary the information collected under section 510(j)(3) of the Federal Food, Drug, and Cosmetic Act, for purposes of carrying out this section. (e) Contracting (1) In general In carrying out this section, the Secretary shall— (A) prioritize the purchase of active pharmaceutical ingredients and other key starting materials manufactured in the United States by domestic manufacturers to the maximum extent possible; (B) contract with domestic entities for the— (i) distribution of active pharmaceutical ingredients and finished drug products; (ii) storage, withdrawal, testing, and conversion of active pharmaceutical ingredients and other key starting materials; (iii) tracking and coordinating the storage, testing, and sale of active pharmaceutical ingredients and other key starting materials; (iv) sale of active pharmaceutical ingredients in advance of their expiration dates; and (v) manufacturing, including continuous manufacturing as appropriate, of an active pharmaceutical ingredient or other key starting material of an essential generic medicine that is anticipated to be in shortage, as defined by the Secretary for purposes of this section; (C) give preference to domestic nonprofit and public-private partnerships, as appropriate; (D) ensure geographic diversity of the physical storage of active pharmaceutical ingredients and other key starting materials; (E) support domestic manufacturers of active pharmaceuticals and other key starting materials and facilitate long-term domestic capacity for essential generic medicines in the United States; and (F) prioritize contracts that facilitate the conversation of active pharmaceutical ingredients and other key starting materials into finished dosage form. (2) Rule of construction Nothing in this subsection shall be construed to limit the Secretary's ability to enter into other types of contracts to facilitate the implementation of this section. (f) Reports to Congress The Secretary shall report to the applicable committees of Congress on supply chain resiliency with respect to active pharmaceutical ingredients for essential generic medicines, the status of the Reserve, and other relevant information in a manner that does not compromise national security. (g) Definitions In this section: (1) Applicable committees of Congress The term applicable committees of Congress means— (A) the Committee on Health, Education, Labor, and Pensions and the Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (2) Essential generic medicine The term essential generic medicine means a drug included on the most current list under section 319N(a). (3) Key starting material The term key starting material means an active pharmaceutical ingredient or critical input used in the manufacturing of an essential generic medicine, as well as ingredients or components that possess unique attributes essential in assessing the safety and effectiveness of such essential generic medicines, including excipients and inactive ingredients. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. . 4. Waiver of certain FDA ANDA requirements Section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) is amended by adding at the end the following: (14) Notwithstanding any other provision of this section, the holder of an approved application under this subsection that changes the source of an active pharmaceutical ingredient of the drug that is the subject of such application to a source available through the Strategic Active Pharmaceutical Ingredient Reserve established under section 319N–1 of the Public Health Service Act— (A) shall not be required to update the approved application with respect to such change before changing the source; and (B) shall inform the Secretary of the change, through an update to the approved application or other manner determined appropriate by the Secretary, prior to commercial distribution of the drug. . 5. GAO report By not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to Congress that includes— (1) an assessment of what is known about active pharmaceutical ingredient manufacturing, including— (A) the time needed to develop and implement domestic manufacturing capabilities; (B) projected costs of developing new manufacturing capabilities for active pharmaceutical ingredients not currently available domestically, as of the date of the report; and (C) projected costs of expanding existing domestic capabilities and policies, as of the date of the report, that may help establish or strengthen domestic manufacturing capacity for active pharmaceutical ingredients, excipients, key starting materials, components, functional ingredients, and finished dosage manufacturing facilities; and (2) an assessment of incentives already offered or being considered for the development or improvement of domestic capacity to manufacture active pharmaceutical ingredients, their intermediates, and their excipients, including— (A) contractual arrangements for existing domestic storage and manufacturing of active pharmaceutical ingredients; (B) guaranteed contracts for initial purchase and replenishment of essential generic medicines; and (C) other policies designed to help incentivize the relocation of manufacturing facilities to the United States or provide economic incentives for domestic production. | https://www.govinfo.gov/content/pkg/BILLS-117s2740is/xml/BILLS-117s2740is.xml |
117-s-2741 | II 117th CONGRESS 1st Session S. 2741 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Booker (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to promote healthy eating and physical activity among children.
1. Short title This Act may be cited as the Reducing Obesity in Youth Act of 2021 . 2. Findings and purposes (a) Findings Congress makes the following findings: (1) The COVID–19 pandemic has had serious impacts on the health and well-being of children and families. (2) Unemployment and poverty, as well as lengthy business, school, and child care closures, have all contributed to elevated levels of food insecurity, with an estimated 14,000,000 children in the United States not getting enough to eat. (3) Millions of children receive free or reduced-price meals through early childhood education programs, including school and early care and education programs such as childcare, Head Start, pre-kindergarten, and family childcare, making early childhood education an important setting for addressing food insecurity. (4) More than 30,000,000 children receive free or reduced-price meals on a daily basis, and access to both breakfast and lunch can provide some children with more than half of their daily caloric intake. (5) Due to financial instability during the COVID–19 pandemic, there is an increased likelihood of unhealthy weight gain among children as families shift to less costly, calorically dense, shelf-stable foods, rather than fresh foods. (6) Research has shown that early childhood is an important time for developing dietary and physical activity behaviors that support health and well-being and that may help prevent obesity. (7) Children who are exposed to healthy foods early are more likely develop eating habits that promote healthy growth that can continue throughout childhood, and healthy eating can improve a child’s learning ability, potentially lead to higher academic performance, improve mental, social, and physical well-being, and contribute to increased self-esteem. (8) Research underscores the importance of physical activity in early childhood. It is not only essential for healthy weight maintenance, but also for practicing and learning fundamental gross motor skills and improving academic achievement. Furthermore, when children have the opportunity for adequate physical activity, they benefit physically, psychologically and socially. (9) Nearly 20 percent (1 in 5) of 2-year-olds spend more than 2 hours of a typical day watching television or videos, and the Journal of the American Medical Association Pediatrics found that each incremental hour of watching television at age 2 is associated with corresponding declines in school engagement, math achievement, and weekend physical activity, and with increases in bullying by classmates, consumption of soft drinks and snacks, and body mass index at age 10. (10) A study published in the New England Journal of Medicine in 2014 found that a third of children with overweight in kindergarten had obesity by the eighth grade. Almost every child with severe obesity remained that way, suggesting that efforts must start much earlier and focus more on the children at greatest risk. (11) A study published in the New England Journal of Medicine in 2017 estimates that over 50 percent of 2-year-olds today will be obese by 35 years of age. (12) A study examining the National Health and Nutrition Examination Survey published in 2018 found an increase in prevalence of childhood obesity in 2015 and 2016. Childhood obesity for children between 2 and 5 years of age increased from 9 percent to 14 percent, the highest increase since 1999. (13) In 2016, about 82 percent of United States preschool-aged children were in childcare, and most of their day was spent in sedentary activities. (14) Early care and education centers serve approximately 7,500,000 children birth through age 5 years but not yet in kindergarten, making the early childhood care and education setting an important one for promoting healthful habits. (15) More than 122,000 children in 12 States have benefitted from efforts to support healthier early care and education programs. This includes the provision of training and coaching for childcare providers and technical assistance to State agencies to integrate nutrition and physical activity best practices into existing State and local systems. (b) Purposes The purposes of this Act are to— (1) establish a program that will enhance the training and knowledge of early care and education providers and influence practices, policies, and environments in early care and education settings to support healthy eating and physical activity for children ages birth through 5, including by addressing the growing threat of food insecurity; (2) provide support to States on ways to link early care and education programs to nutrition supports; (3) monitor progress of healthy eating and physical activity promotion in early care and education settings; and (4) identify emerging, and expand existing, approaches to engaging families and parents of children ages birth to 5 in healthy eating and physical activity. 3. Healthy Kids Program Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: W Healthy Kids Program 399OO. Definitions In this part: (1) Director The term Director means the Director of the Centers for Disease Control and Prevention. (2) Early care and education The term early care and education means programs and activities that serve children ages birth through 5 years either through in-home or out-of-home settings, including childcare programs, Head Start programs, family childcare, and pre-kindergarten programs. 399OO–1. Grants (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the Assistant Secretary for the Administration for Children and Families, shall award 5-year competitive grants to one or more eligible entities to improve healthy eating and physical activity and to address food insecurity among children ages birth through 5 years in early care and education settings. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be— (A) a nonprofit organization with expertise in early childhood health and childhood obesity prevention; (B) an institution of higher education or research center that employs faculty with relevant expertise and has expertise in training early care and education providers; or (C) a consortium of entities described in subparagraphs (A) and (B) that submit a single application to carry out activities under the grant jointly; and (2) submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (c) Use of funds (1) In General An entity shall use amounts received under a grant under this section to work directly with implementing partners, which may include States, territories, Indian Tribes, municipalities, and nonprofit organizations, to— (A) create sustainable programs to train early care and education providers through direct coaching and peer-learning, access to quality technical assistance, and professional development opportunities that are focused on healthy eating, physical activity, addressing food insecurity, and other topics that support children's healthy development, as determined by the Director; (B) build State capacity through training, technical assistance, and resources to integrate the promotion of healthy eating and physical activity into existing early care and education programs, systems, and initiatives, including linking early care and education programs to new and existing resources for nutrition supports, with a focus on promoting equity; (C) test innovative or evidence-informed approaches to promoting healthy habits and healthy child development in early care and education settings, which may include linking early care and education and health care providers, enhancing early care and education staff wellness, enhancing access to quality foods in the early care and education settings, and engaging families of children ages birth to 5 years served in the early care and education programs supported by a grant under this section. (2) Implementing partners In selecting States, territories, Indian tribes, municipalities, or nonprofit organizations to be implementing partners under a grant under this section, a grantee shall ensure that such partners— (A) serve populations that are racially, ethnically, socioeconomically, and geographically diverse; and (B) represent a mix of rural and urban settings. (3) National independent evaluator From the amounts appropriated to carry out this section, and prior to awarding any grants under paragraph (1), the Director shall enter into a contract with an external entity to create a single, uniform process to— (A) ensure that entities that receive grants under paragraph (1) comply with the requirements of this section; and (B) evaluate the outcomes of the grant activities carried out by each participating entity. (d) Tracking State progress The Director may use amounts appropriated under subsection (f)(2) to enter into contracts with, or award grants to, institutions of higher education, nonprofit organizations, or other entities with relevant monitoring and surveillance expertise, for purposes of— (1) tracking State progress in obesity prevention policies and practices of early care and education programs in States where grantees are present; and (2) measuring changes in food security within exposed groups. (e) Report Not later than 1 year after the completion of the programs and activities funded under grants awarded under this section, the Secretary shall submit to Congress, and all appropriate agencies, a report concerning an evaluation of the results of such programs, activities, and surveillance, including best practices, and lessons derived from the experiences of grantees with respect to reducing and preventing food insecurity and obesity and overweight among children ages birth through 5 years in the early care and education settings. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $5,000,000 for each of fiscal years 2022 through 2026; and (2) $1,700,000 for fiscal year 2022, to be used to track State progress in obesity prevention and food security policies and practices of early care and education programs in a sentinel set of States as provided for in subsection (d). . | https://www.govinfo.gov/content/pkg/BILLS-117s2741is/xml/BILLS-117s2741is.xml |
117-s-2742 | II 117th CONGRESS 1st Session S. 2742 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Thune (for himself and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish the COVID–19 Unemployment Insurance Fraud Task Force, and for other purposes.
1. Short title This Act may be cited as the Recovering Fraudulent Claims Act . 2. COVID–19 Unemployment Insurance Fraud Task Force (a) In general (1) Establishment Not later than 60 days after the date of enactment of this section, the Attorney General, in consultation with the Secretary, shall establish the COVID–19 Unemployment Insurance Fraud Task Force (in this section referred to as the Task Force ). (2) Duties (A) Investigation The Task Force shall investigate fraud with respect to COVID–19 unemployment insurance benefits, including an identification of and investigation into— (i) subject to paragraph (3), any alleged instance of fraudulent payment of COVID–19 unemployment insurance benefits to any individual, entity, or organization (either foreign or domestic) that was not eligible to receive such benefits; and (ii) any alleged instance in which an individual, entity, or organization (either foreign or domestic) stole or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID–19 unemployment insurance benefits, including any instance of synthetic identity theft. (B) Submission of findings to Attorney General The Task Force shall submit to the Attorney General the Task Force's findings with respect to the investigation conducted under subparagraph (A) to assist the Attorney General in the prosecution of fraud concerning COVID–19 unemployment insurance benefits. (3) Clarification The investigation conducted under paragraph (2)(A) shall not include an identification of or investigation into any improper payment of COVID–19 unemployment insurance benefits to any individual that was eligible to receive such benefits. (b) Membership (1) In general The Attorney General, in consultation with the Secretary, shall appoint to the Task Force a representative from each of the following: (A) The Office of the Inspector General of the Department of Labor. (B) The Federal Bureau of Investigation. (C) The Department of Homeland Security. (D) The Internal Revenue Service. (E) The United States Postal Service. (F) The Office of the Inspector General of the Social Security Administration. (G) The Office of the Inspector General of the Department of Homeland Security. (H) A nonprofit organization representing State workforce agencies. (I) A national law enforcement organization. (J) Any other organization the Attorney General, in consultation with the Secretary, determines to be appropriate. (2) Prohibition on compensation The members of the Task Force shall not receive any compensation from the Federal Government by reason of their service on the Task Force. (c) Report to Congress (1) Preliminary report Subject to paragraph (3), not later than 1 year after the date on which the Task Force is established under subsection (a)(1), the Task Force shall submit to the appropriate committees of Congress a report that contains a detailed description of the following: (A) The Task Force's findings with respect to the investigation conducted under subsection (a)(2)(A), including the following: (i) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Task Force as having allegedly obtained or attempted to obtain fraudulent payments of COVID–19 unemployment insurance benefits, including the amount of such benefits that were identified by the Task Force as having been obtained. (ii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Task Force as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID–19 unemployment insurance benefits, including any instance of synthetic identity theft. (iii) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act ( Public Law 116–136 ) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly obtained or attempted to obtain fraudulent payments of COVID–19 unemployment insurance benefits. (iv) The total number of individuals and an itemized list of entities and organizations (either foreign or domestic) that were identified by the Attorney General during the period beginning on the date of enactment of the CARES Act ( Public Law 116–136 ) and ending on the date of the establishment of the Task Force under subsection (a)(1) as having allegedly stolen or attempted to steal the identity or personally identifiable information of any United States citizen in an effort to obtain COVID–19 unemployment insurance benefits, including any instance of synthetic identity theft. (v) The total number of individuals the Attorney General has prosecuted for fraud concerning COVID–19 unemployment insurance benefits, including a list of the criminal charges brought and any prison sentences or accompanying fines imposed. (B) The steps the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to prosecute or otherwise penalize the individuals, entities, or organizations described in subparagraph (A). (C) Any challenge or impediment the Attorney General or the head of any other relevant Federal or State agency has encountered in prosecuting or otherwise penalizing such individuals, entities, or organizations. (D) The efforts the Attorney General or the head of any other relevant Federal or State agency is taking, or is planning to take, to recover any fraudulent payment of COVID–19 unemployment insurance benefits, and the challenges associated with such efforts. (E) The total amount of fraudulent COVID–19 unemployment insurance benefits that were issued by States, including a State-by-State breakdown of such amount. (F) The total amount of fraudulent COVID–19 unemployment insurance benefits that the Attorney General or the head of any other relevant Federal or State agency has been able to recover. (G) The specific challenges the Task Force encountered in carrying out subsection (a)(2)(A). (2) Final report Subject to paragraph (3), not later than 1 year after the submission of the report under paragraph (1), the Task Force shall submit to the appropriate Committees of Congress a final report that includes updated information regarding subparagraphs (A) through (G) of paragraph (1). (3) Disclosure of return information No return information (as defined in section 6103(b) of the Internal Revenue Code of 1986) may be included in a report submitted under paragraph (1) or (2), except as authorized by such section 6103. (d) Sunset The Task Force shall terminate on the later of— (1) the date on which the Task Force submits the final report under subsection (c)(2); or (2) a specific date selected by the Attorney General, in consultation with the Secretary, that falls after the date set forth in paragraph (1). (e) Definitions (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Finance of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Ways and Means of the House of Representatives; (E) the Committee on the Judiciary of the House of Representatives; and (F) the Committee on Homeland Security of the House of Representatives. (2) COVID–19 unemployment insurance benefits The term COVID–19 unemployment insurance benefits means unemployment insurance benefits provided under any of the programs under section 2102, 2104, or 2107 of the CARES Act ( 15 U.S.C. 9021 , 9023, 9025). (3) Secretary The term Secretary means the Secretary of Labor. (4) Synthetic identity theft The term synthetic identity theft means the use of a combination of personally identifiable information to fabricate an individual or entity in order to commit a dishonest act for personal or financial gain. 3. GAO study and report (a) Study The Comptroller General of the United States (in this section referred to as the Comptroller General ) shall conduct a study on unemployment insurance fraud with respect to COVID–19 unemployment insurance benefits (as defined in section 2(e)). Such study shall include an analysis of— (1) how the amounts appropriated under section 2118 of the CARES Act ( 15 U.S.C. 9034 ), as added by section 9032 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), are being utilized by States to— (A) detect and prevent fraud in any such program; and (B) recover any fraudulent payment of COVID–19 unemployment insurance benefits; (2) any reason that such appropriated amounts were not used by States to detect and prevent such fraud and to recover such fraudulent payments; (3) whether such appropriated amounts were successful in helping States to detect and prevent such fraud and to recover such fraudulent payments; and (4) any other area determined appropriate by the Comptroller General. (b) Report Not later than 1 year after the date of enactment of this section, the Comptroller General shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s2742is/xml/BILLS-117s2742is.xml |
117-s-2743 | II 117th CONGRESS 1st Session S. 2743 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mrs. Blackburn (for herself and Mr. Hagerty ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To make companies that support venues and events eligible for grants under the shuttered venue operators grant program, and for other purposes.
1. Short title This Act may be cited as the Music Under Severe Income Crisis Act . 2. Adding service and support companies to the shuttered venue operators grant program (a) In general Section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting a service and support company, after theatre operator, ; (II) in clause (i)— (aa) in the matter preceding subclause (I), by inserting the service and support company, after theatre operator, ; and (bb) in subclause (I), by inserting a service and support company, after theatre operator, ; (III) in clause (ii)— (aa) in subclause (III), by striking and at the end; (bb) in subclause (IV), by adding and at the end; and (cc) by adding at the end the following: (V) the service and support company is or intends to resume the services and activities described in paragraph (11); ; and (IV) in clause (vi), by inserting the service and support company, after theatre operator, each place that term appears; and (ii) in subparagraph (B), by inserting service and support company, after theatre operator, each place that term appears; and (B) by adding at the end the following: (11) Service and support company The term service and support company — (A) means an individual or entity— (i) that is assigned a North American Industry Classification System code of 532490, 541410, 541420, 541430, 541490, 561920, 711190, 711300, or 711320, as appears on the most recent income tax filing or on the application for a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) of the individual or entity, if applicable; and (ii) that— (I) (aa) as the principal business of the individual or entity, provides stages, lighting, sound, casts, or other support for live performing arts events; and (bb) for which not less than 70 percent of the earned revenue generated through providing the support described in item (aa) is for live performing arts events organized, promoted, produced, managed, or hosted by an eligible person or entity described in paragraph (1)(A)(iii); or (II) (aa) as the principal business of the individual or entity, showcases performers or pre-packaged productions to potential buyers; and (bb) for which not less than 70 percent of the earned revenue generated through showcasing performers or pre-packaged productions described in item (aa) is for live performing arts events— (AA) organized, promoted, produced, managed, or hosted by an eligible person or entity described in paragraph (1)(A)(iii); or (BB) hosted in a hotel or convention center facility; (B) includes an individual or entity described in subparagraph (A) that— (i) operates for profit; (ii) is a nonprofit organization; (iii) is government-owned; or (iv) is a corporation, limited liability company, or partnership or operated as a sole proprietorship; and (C) does not include— (i) an individual or entity described in subparagraph (A) that— (I) employs more than 250 full-time employees; or (II) is registered or operates outside of the United States; or (ii) an entity that is majority owned or controlled by an entity that is an issuer, the securities of which are listed on a national securities exchange under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). ; and (2) in subsection (b)(2)(B), by adding at the end the following: (iii) Priority for awards to service and support companies (I) First priority in awarding grants During the initial 14-day period during which service and support companies are eligible to receive a grant under this paragraph, in making awards to those companies, the Administrator shall only award grants to those companies with revenue during the period beginning on April 1, 2020, and ending on December 31, 2020, that is not more than 10 percent of the revenue of the company during the period beginning on April 1, 2019, and ending on December 31, 2019, due to the COVID–19 pandemic. (II) Second priority in awarding grants During the 14-day period immediately following the 14-day period described in clause (i), in making awards to service and support companies under this paragraph, the Administrator shall only award grants to those companies with revenue, during the period beginning on April 1, 2020, and ending on December 31, 2020, that is not more than 30 percent of the revenue of the company during the period beginning on April 1, 2019, and ending on December 31, 2019, due to the COVID–19 pandemic. . (b) Transfer of amounts from Coronavirus State and local fiscal recovery funds to Shuttered Venue Operators program (1) Rescission Of the unobligated balances of amounts appropriated under sections 602(a)(1) and 603(a) of the Social Security Act (as added by section 9901 of the American Rescue Plan Act of 2021 ( Public Law 117–2 )) on the date of enactment of this Act, $4,000,000,000 is rescinded, provided that amounts shall be rescinded from the unobligated balance of amounts appropriated under such section 602(a)(1) first, and amounts shall then be rescinded from the unobligated balance of amounts appropriated under such section 603(a) only if the unobligated balance of amounts appropriated under such section 602(a)(1) is less than $4,000,000,000. (2) Appropriation There is appropriated for an additional amount, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, an amount equal to the amount rescinded under paragraph (1), to remain available until December 31, 2021, under the heading Small Business Administration—Shuttered Venue Operators , to make grants to service and support companies under section 324 of the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ), as amended by subsection (a). (c) Processing previously denied applications If a service and support company, as defined in paragraph (11) of section 324(a) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ), as added by subsection (a), was denied a grant under such section before the date of enactment of this Act due to lack of eligibility but, as a result of the amendments made by subsection (a), is eligible for a grant under such section, the Administrator of the Small Business Administration shall reconsider and process the application of the service and support company. (d) Regulations Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations to carry out this Act and the amendments made by this Act without regard to the notice requirements under section 553(b) of title 5, United States Code. (e) Sense of Congress It is the sense of Congress that the Administrator of the Small Business Administration should— (1) issue guidance to ensure that entities whose principal business is to provide services and support to the live events industry remain eligible for the program established under section 324 of the Economic Aid to Hard Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ); and (2) distribute funds appropriated for the program described in paragraph (1) not later than 120 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2743is/xml/BILLS-117s2743is.xml |
117-s-2744 | II 117th CONGRESS 1st Session S. 2744 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Lee (for himself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To clarify the meaning of the term emergency war funding for purposes of determining eligible costs for such funding, and for other purposes.
1. Short title This Act may be cited as the Restraining Emergency War Spending Act . 2. Clarification of emergency war funding for purposes of determining eligible costs (a) Definition of emergency war funding For purposes of determining eligible costs for emergency war funding, the term emergency war funding — (1) means a contingency operation (as defined in section 101(a) of title 10, United States Code) conducted by the Department of Defense that— (A) is conducted in a foreign country; (B) has geographical limits; (C) is not longer than 60 days; and (D) provides only— (i) replacement of ground equipment lost or damaged in conflict; (ii) equipment modifications; (iii) munitions; (iv) replacement of aircraft lost or damaged in conflict; (v) military construction for short-term temporary facilities; (vi) direct war operations; and (vii) fuel; and (2) does not include any operation that provides for— (A) research and development; or (B) training, equipment, and sustainment activities for foreign military forces. (b) Report To be included in the President’s budget submission to Congress (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Director of the Office of Management and Budget shall submit to Congress a report on the effect of the clarified definition of emergency war funding under subsection (a) on the process for determining eligible costs for emergency war funding. (2) Elements The report required by paragraph (1) shall include the following: (A) For the subsequent fiscal year, a plan for transferring to the base budget any activities that do not meet such definition. (B) For each of the subsequent five fiscal years, the anticipated emergency war funding based on such clarified definition. 3. Point of order against funding for contingency operations that does not meet the requirements for emergency war funding (a) In general Title IV of the Congressional Budget Act of 1974 ( 2 U.S.C. 651 et seq. ) is amended by adding at the end the following: C Additional limitations on budgetary and appropriations legislation 441. Point of order against funding for contingency operations that does not meet the requirements for emergency war funding (a) Definitions In this section— (1) the term contingency operation has the meaning given that term in section 101 of title 10, United States Code; and (2) the term emergency war funding has the meaning given that term in section 2 of the Restraining Emergency War Spending Act . (b) Point of order (1) In general In the Senate, it shall not be in order to consider a provision in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that provides new budget authority for a contingency operation, unless the provision of new budget authority meets the requirements to constitute emergency war funding. (2) Point of order sustained If a point of order is made by a Senator against a provision described in paragraph (1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (c) Form of the point of order A point of order under subsection (b)(1) may be raised by a Senator as provided in section 313(e). (d) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to subsection (b)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (e) Supermajority waiver and appeal (1) Waiver Subsection (b)(1) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeals Debate on appeals in the Senate from the decisions of the Chair relating to any provision of this section shall be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (b)(1). . (b) Technical and conforming amendment The table of contents in section 1(b) of the Congressional Budget Act of 1974 is amended by inserting after the item relating to section 428 the following: Part C—Additional Limitations on Budgetary and Appropriations Legislation Sec. 441. Point of order against funding for contingency operations that does not meet the requirements for emergency war funding. . | https://www.govinfo.gov/content/pkg/BILLS-117s2744is/xml/BILLS-117s2744is.xml |
117-s-2745 | II 117th CONGRESS 1st Session S. 2745 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Rubio (for himself, Mr. Tuberville , Mr. Sullivan , Mr. Tillis , Mrs. Capito , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions and other measures with respect to the Taliban, and for other purposes.
1. Short title This Act may be cited as the Preventing the Recognition of Terrorist States Act of 2021 . 2. Statement of policy It is the policy of the United States— (1) to continue to recognize the democratically elected government of the Islamic Republic of Afghanistan as the legitimate Government of Afghanistan; (2) to not recognize the Islamic Emirate of Afghanistan, which is controlled by the Taliban, as the official Government of Afghanistan under any circumstances; (3) to view the Taliban’s takeover of Afghanistan as a coup d’état and therefore illegitimate; (4) to recognize that individuals designated as terrorists by the United States, such as Sirajuddin Haqqani, will play a key role in the Taliban regime; and (5) to continue to assist the people of Afghanistan, especially people at risk as a result of their activities, beliefs, religion, or political views. 3. Prohibition on actions recognizing the Islamic Emirate of Afghanistan (a) In general In furtherance of the policy set forth in section 2, no Federal department or agency may take any action or extend any assistance that states or implies recognition of the Taliban’s claim of sovereignty over Afghanistan. (b) Funding limitation Notwithstanding any other provision of law, no Federal funds appropriated or otherwise made available for the Department of State, the United States Agency for International Development, or the Department of Defense on or after the date of the enactment of this Act may be obligated or expended to prepare or promulgate any policy, guidance, regulation, notice, or Executive order, or to otherwise implement, administer, or enforce any policy, that extends diplomatic recognition to the Islamic Emirate of Afghanistan. 4. Designation of Islamic Emirate of Afghanistan as a state sponsor of terrorism (a) In general The Secretary of State shall designate the Islamic Emirate of Afghanistan as a state sponsor of terrorism. (b) State sponsor of terrorism defined In this section, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism, for purposes of— (1) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) ); (2) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (3) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ); or (4) any other provision of law. 5. Designation of the Taliban as a foreign terrorist organization The Secretary of State shall designate the Taliban as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). 6. Determinations with respect to narcotics trafficking and money laundering by the Taliban Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that includes— (1) a determination of whether the Taliban should be designated as— (A) a significant foreign narcotics trafficker (as defined in section 808 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1907 )); or (B) a significant transnational criminal organization under Executive Order 13581 ( 50 U.S.C. 1701 note; relating to blocking property of transnational criminal organizations); and (2) a determination of whether Afghanistan, while under the control of the Taliban, should be designated as a high-risk jurisdiction subject to a call for action (commonly referred to as the black list ) under the criteria established for such designation by the Financial Action Task Force. 7. Assessment of whether rare earth metals exported from Afghanistan violate prohibition on importation of goods made with forced labor The Commissioner of U.S. Customs and Border Protection shall— (1) assess whether the importation of rare earth metals extracted in Afghanistan and goods produced from such metals violates the prohibition on importation of goods made with forced labor under section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ); and (2) consider issuing a withhold release order with respect to such metals and goods to prevent such metals and goods from entering the United States. 8. Report on diplomatic relations of the Taliban and supporters of the Taliban Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report that— (1) describes the Taliban’s relations with Iran, the Russian Federation, Pakistan, Saudi Arabia, the United Arab Emirates, Tajikistan, Uzbekistan, and the People’s Republic of China; (2) identifies each foreign person that knowingly assists, provides significant support or services to, or is involved in a significant transaction with, a senior member of the Taliban or a supporter of the Taliban; and (3) assesses— (A) the likelihood that the countries referred to in paragraph (1) will seek to invest in Afghanistan’s key natural resources; and (B) the impact of such investments on the national security of the United States. 9. Report on safe harbor provided to terrorist organizations by Pakistan Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress and make available to the public a report that describes the actions taken by the Government of Pakistan to provide safe harbor to organizations— (1) designated by the Secretary of State as foreign terrorist organizations under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (2) designated as a specially designated global terrorist organizations under Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). 10. Imposition of sanctions with respect to supporters of the Taliban (a) In general The President shall impose 2 or more of the sanctions described in subsection (b) with respect to each foreign person identified under paragraph (2) of section 8 in the most recent report submitted under that section. (b) Sanctions described The sanctions that may be imposed with respect to a foreign person under subsection (a) are the following: (1) Export-import bank assistance for exports to sanctioned persons The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person. (2) Export sanction The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the foreign person under— (A) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ); (B) the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ); (C) the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ); or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (3) Loans from united states financial institutions The President may prohibit any United States financial institution from making loans or providing credits to the foreign person totaling more than $10,000,000 in any 12-month period. (4) Blocking of property of identified persons The President may exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Implementation; penalties (1) Implementation The President may exercise the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (e) Definitions In this section: (1) Foreign person The term foreign person means a person that is not a United States person. (2) United states person The term United States person means— (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 11. Repeal of exception to sanctions with respect to energy, shipping, and shipbuilding sectors of Iran relating to Afghanistan reconstruction Subsection (f) of section 1244 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8803 ) is repealed. 12. Limitation on humanitarian assistance that could benefit foreign terrorist organizations (a) In general Before obligating funds described in subsection (b) for assistance in or for Afghanistan and Pakistan or any other country in which organizations designated by the Secretary of State as foreign terrorist organizations under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) hold territory or wield substantial economic or political power, the Administrator of the United States Agency for International Development shall take all appropriate steps to ensure that such assistance is not provided to or through— (1) any individual, private or government entity, or educational institution that the Secretary knows, or has reason to believe, advocates, plans, sponsors, engages in, or has engaged in, terrorist activity; or (2) any private entity or educational institution that has, as a principal officer or member of the governing board or governing board of trustees of the entity or institution, any individual who has been determined to be— (A) involved in or advocating terrorist activity; or (B) a member of a foreign terrorist organization. (b) Funds described Funds described in this subsection are funds appropriated under the heading Economic Support Fund , Development Assistance , Global Health , Transition Initiatives , or International Humanitarian Assistance in an Act making appropriations for the Department of State, foreign operations, and related programs or making supplemental appropriations. (c) Implementation (1) In general The Administrator of the United States Agency for International Development shall, as appropriate— (A) establish procedures to specify the steps to be taken in carrying out subsection (a); and (B) terminate assistance— (i) to any individual, entity, or educational institution that the Secretary has determined to be involved in or advocating terrorist activity; or (ii) that could benefit such an individual, entity, or educational institution. (2) Inclusion of certain entities In establishing procedures under paragraph (1)(A) with respect to steps to be taken to ensure that assistance is not provided to individuals, entities, or institutions described in subsection (a), the Administrator shall ensure that the recipients and subrecipients of assistance from the United States Agency for International Development and their contractors and subcontractors are included. 13. Restriction on foreign assistance to countries in which coups d'état have occurred (a) In general None of the funds appropriated or otherwise made available pursuant to an Act making appropriations for the Department of State, foreign operations, and related programs or making supplemental appropriations may be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of the enactment of this Act, a coup d'état or decree in which the military plays a decisive role. (b) Resumption of assistance Assistance described in subsection (a) may be resumed to a government described in that subsection if the Secretary of State certifies and reports to Congress that, subsequent to the termination of such assistance, a democratically elected government has taken office. (c) Exception The prohibition under subsection (a) shall not apply to assistance to promote democratic elections or public participation in democratic processes. (d) Notification procedures Funds made available pursuant to subsection (b) or (c) shall be subject to the regular notification procedures of the Committees on Appropriations of the Senate and the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2745is/xml/BILLS-117s2745is.xml |
117-s-2746 | II 117th CONGRESS 1st Session S. 2746 IN THE SENATE OF THE UNITED STATES September 14, 2021 Mr. Rubio (for himself, Mr. Hagerty , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Department of Housing and Urban Development to conduct an annual risk assessment of properties receiving tenant-based or project-based rental assistance for lead-based hazards, and for other purposes.
1. Short title This Act may be cited as the Keep Children and Families Safe from Lead Hazards Act . 2. Lead-based paint (a) Definitions In this section— (1) the term covered housing means a dwelling unit receiving project-based rental assistance or tenant-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); and (2) the term Department means the Department of Housing and Urban Development. (b) Annual risk assessment and report Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Deputy Assistant Secretary for the Office of Multifamily Housing Programs of the Department, in collaboration with the Office of Lead Hazard Control and Healthy Homes of the Department, shall— (1) conduct a risk assessment of covered housing to identify properties with the greatest risk of exposing children under the age of 6 years old to lead hazards, including lead-based paint and lead service lines; (2) develop an action plan relating to remediation, control, and safeguards to address lead hazards, including lead-based paint and lead-service lines, in covered housing identified in the risk assessment conducted under paragraph (1), with priority given to those properties with children under the age of 6 years old; and (3) submit to Congress a report on properties with covered housing that have lead-based paint or lead service lines, including the number of children under the age of 6 years old living at these properties. (c) Uniform physical condition standard inspections In conducting uniform physical condition inspections in accordance with part 5 of title 24, Code of Federal Regulations, or any successor regulation, the Secretary shall include lead-based paint and lead service lines in the graded scoring as an exigent health and safety deficiency to ensure that— (1) lead-based paint and lead service lines are tracked at each applicable property; and (2) the owners of those properties are held accountable for remediating deficiencies. | https://www.govinfo.gov/content/pkg/BILLS-117s2746is/xml/BILLS-117s2746is.xml |
117-s-2747 | II Calendar No. 125 117th CONGRESS 1st Session S. 2747 IN THE SENATE OF THE UNITED STATES September 14, 2021 Ms. Klobuchar (for herself, Mr. Kaine , Mr. King , Mr. Manchin , Mr. Merkley , Mr. Padilla , Mr. Tester , and Mr. Warnock ) introduced the following bill; which was read the first time September 15, 2021 Read the second time and placed on the calendar A BILL To expand Americans’ access to the ballot box and reduce the influence of big money in politics, and for other purposes.
1. Short title This Act may be cited as the Freedom to Vote Act . 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into divisions as follows: (1) Division A—Voter Access. (2) Division B—Election Integrity. (3) Division C—Civic Participation and Empowerment. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Findings of general constitutional authority. Sec. 4. Standards for judicial review. DIVISION A—Voter Access TITLE I—Election Modernization and Administration Sec. 1000. Short title; statement of policy. Subtitle A—Voter Registration Modernization Sec. 1000A. Short title. PART 1—Automatic Voter Registration Sec. 1001. Short title; findings and purpose. Sec. 1002. Automatic registration of eligible individuals. Sec. 1003. Voter protection and security in automatic registration. Sec. 1004. Payments and grants. Sec. 1005. Miscellaneous provisions. Sec. 1006. Definitions. Sec. 1007. Effective date. PART 2—Election Day as Legal Public Holiday Sec. 1011. Election day as legal public holiday. PART 3—Promoting Internet Registration Sec. 1021. Requiring availability of internet for voter registration. Sec. 1022. Use of internet to update registration information. Sec. 1023. Provision of election information by electronic mail to individuals registered to vote. Sec. 1024. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1025. Prohibiting State from requiring applicants to provide more than last 4 digits of social security number. Sec. 1026. Application of rules to certain exempt States. Sec. 1027. Report on data collection relating to online voter registration systems. Sec. 1028. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1029. Effective date. PART 4—Same Day Voter Registration Sec. 1031. Same day registration. Sec. 1032. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. PART 5—Streamline Voter Registration Information, Access, and Privacy Sec. 1041. Authorizing the dissemination of voter registration information displays following naturalization ceremonies. Sec. 1042. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Sec. 1043. Acceptance of voter registration applications from individuals under 18 years of age. Sec. 1044. Requiring states to establish and operate voter privacy programs. PART 6—Funding Support to States for Compliance Sec. 1051. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle B—Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Establishment and maintenance of State accessible election websites. Sec. 1103. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 1104. Protections for individuals subject to guardianship. Sec. 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1106. Funding for protection and advocacy systems. Sec. 1107. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1108. GAO analysis and report on voting access for individuals with disabilities. Subtitle C—Early Voting Sec. 1201. Early voting. Subtitle D—Voting by Mail Sec. 1301. Voting by mail. Sec. 1302. Balloting materials tracking program. Sec. 1303. Election mail and delivery improvements. Sec. 1304. Carriage of election mail. Sec. 1305. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office. Subtitle E—Absent Uniformed Services Voters and Overseas Voters Sec. 1401. Pre-election reports on availability and transmission of absentee ballots. Sec. 1402. Enforcement. Sec. 1403. Transmission requirements; repeal of waiver provision. Sec. 1404. Use of single absentee ballot application for subsequent elections. Sec. 1405. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1406. Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the federal write-in absentee ballot. Sec. 1407. Treatment of post card registration requests. Sec. 1408. Presidential designee report on voter disenfranchisement. Sec. 1409. Effective date. Subtitle F—Enhancement of Enforcement Sec. 1501. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle G—Promoting Voter Access Through Election Administration Modernization Improvements PART 1—Promoting Voter Access Sec. 1601. Minimum notification requirements for voters affected by polling place changes. Sec. 1602. Accommodations for voters residing in Indian lands. Sec. 1603. Applicability to Commonwealth of the Northern Mariana Islands. Sec. 1604. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam. Sec. 1605. Application of Federal election administration laws to territories of the United States. Sec. 1606. Application of Federal voter protection laws to territories of the United States. Sec. 1607. Ensuring equitable and efficient operation of polling places. Sec. 1608. Prohibiting States from restricting curbside voting. PART 2—Improvements in Operation of Election Assistance Commission Sec. 1611. Reauthorization of Election Assistance Commission. Sec. 1612. Recommendations to improve operations of Election Assistance Commission. Sec. 1613. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. PART 3—Miscellaneous Provisions Sec. 1621. Definition of election for Federal office. Sec. 1622. No effect on other laws. Sec. 1623. Clarification of exemption for States without voter registration. Sec. 1624. Clarification of exemption for States which do not collect telephone information. Subtitle H—Democracy Restoration Sec. 1701. Short title. Sec. 1702. Findings. Sec. 1703. Rights of citizens. Sec. 1704. Enforcement. Sec. 1705. Notification of restoration of voting rights. Sec. 1706. Definitions. Sec. 1707. Relation to other laws. Sec. 1708. Federal prison funds. Sec. 1709. Effective date. Subtitle I—Voter Identification and Allowable Alternatives Sec. 1801. Requirements for voter identification. Subtitle J—Voter List Maintenance Procedures PART 1—Voter Caging Prohibited Sec. 1901. Voter caging prohibited. PART 2—Saving Eligible Voters From Voter Purging Sec. 1911. Conditions for removal of voters from list of registered voters. Subtitle K—Severability Sec. 1921. Severability. DIVISION B—Election Integrity TITLE II—Prohibiting Interference With Voter Registration Sec. 2001. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 2002. Establishment of best practices. TITLE III—Preventing Election Subversion Subtitle A—Restrictions on Removal of Election Administrators Sec. 3001. Restrictions on removal of local election administrators in administration of elections for Federal office. Subtitle B—Increased Protections for Election Workers Sec. 3101. Harassment of election workers prohibited. Sec. 3102. Protection of election workers. Subtitle C—Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 3201. Short title. Sec. 3202. Prohibition on deceptive practices in Federal elections. Sec. 3203. Corrective action. Sec. 3204. Reports to Congress. Sec. 3205. Private rights of action by election officials. Sec. 3206. Making intimidation of tabulation, canvas, and certification efforts a crime. Subtitle D—Protection of Election Records & Election Infrastructure Sec. 3301. Strengthen protections for Federal election records. Sec. 3302. Penalties; inspection; nondisclosure; jurisdiction. Sec. 3303. Judicial review to ensure compliance. Subtitle E—Judicial Protection of the Right to Vote and Non-partisan Vote Tabulation Sec. 3401. Undue burdens on the ability to vote in elections for federal office prohibited. Sec. 3402. Judicial review. Sec. 3403. Definitions. Sec. 3404. Rules of construction. Sec. 3405. Severability. Sec. 3406. Effective date. Subtitle F—Poll Worker Recruitment and Training Sec. 3501. Grants to States for poll worker recruitment and training. Sec. 3502. State defined. Subtitle G—Preventing Poll Observer Interference Sec. 3601. Protections for voters on Election Day. Subtitle H—Preventing Restrictions on Food and Beverages Sec. 3701. Findings. Sec. 3702. Prohibiting restrictions on donations of food and beverages at polling stations. Subtitle I—Establishing Duty to Report Foreign Election Interference Sec. 3801. Findings relating to illicit money undermining our democracy. Sec. 3802. Federal campaign reporting of foreign contacts. Sec. 3803. Federal campaign foreign contact reporting compliance system. Sec. 3804. Criminal penalties. Sec. 3805. Report to congressional intelligence committees. Sec. 3806. Rule of construction. Subtitle J—Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot Sec. 3901. Short title. Sec. 3902. Paper ballot and manual counting requirements. Sec. 3903. Accessibility and ballot verification for individuals with disabilities. Sec. 3904. Durability and readability requirements for ballots. Sec. 3905. Study and report on optimal ballot design. Sec. 3906. Ballot marking device cybersecurity requirements. Sec. 3907. Effective date for new requirements. Sec. 3908. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Subtitle K—Provisional Ballots Sec. 3911. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. TITLE IV—Voting System Security Sec. 4001. Post-election audit requirement. Sec. 4002. Election infrastructure designation. Sec. 4003. Guidelines and certification for electronic poll books and remote ballot marking systems. Sec. 4004. Pre-election reports on voting system usage. Sec. 4005. Use of voting machines manufactured in the United States. Sec. 4006. Severability. DIVISION C—Civic Participation and Empowerment TITLE V—Nonpartisan Redistricting Reform Sec. 5001. Finding of constitutional authority. Sec. 5002. Ban on mid-decade redistricting. Sec. 5003. Criteria for redistricting. Sec. 5004. Development of plan. Sec. 5005. Failure by State to enact plan. Sec. 5006. Civil enforcement. Sec. 5007. No effect on elections for State and local office. Sec. 5008. Effective date. TITLE VI—Campaign Finance Transparency Subtitle A—DISCLOSE Act Sec. 6001. Short title. PART 1—Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 6002. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 6003. Audit and report on illicit foreign money in Federal elections. Sec. 6004. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda. Sec. 6005. Disbursements and activities subject to foreign money ban. Sec. 6006. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. PART 2—Reporting of Campaign-Related Disbursements Sec. 6011. Reporting of campaign-related disbursements. Sec. 6012. Reporting of Federal judicial nomination disbursements. Sec. 6013. Coordination with FinCEN. Sec. 6014. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 6015. Effective date. PART 3—Other Administrative Reforms Sec. 6021. Petition for certiorari. Sec. 6022. Judicial review of actions related to campaign finance laws. Subtitle B—Honest Ads Sec. 6101. Short title. Sec. 6102. Purpose. Sec. 6103. Findings. Sec. 6104. Sense of Congress. Sec. 6105. Expansion of definition of public communication. Sec. 6106. Expansion of definition of electioneering communication. Sec. 6107. Application of disclaimer statements to online communications. Sec. 6108. Political record requirements for online platforms. Sec. 6109. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 6110. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle C—Spotlight Act Sec. 6201. Short title. Sec. 6202. Inclusion of contributor information on annual returns of certain organizations. TITLE VII—Campaign Finance Oversight Subtitle A—Stopping Super PAC–Candidate Coordination Sec. 7001. Short title. Sec. 7002. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 7003. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle B—Restoring Integrity to America’s Elections Sec. 7101. Short title. Sec. 7102. Revision to enforcement process. Sec. 7103. Acting general counsel. Sec. 7104. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 7105. Permanent extension of administrative penalty authority. Sec. 7106. Restrictions on ex parte communications. Sec. 7107. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 7108. Requiring forms to permit use of accent marks. Sec. 7109. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971. Sec. 7110. Effective date; transition. TITLE VIII—Citizen Empowerment Subtitle A—Funding to Promote Democracy PART 1—Payments and Allocations to States Sec. 8001. State Democracy Promotion Program. Sec. 8002. State plan. Sec. 8003. Prohibiting reduction in access to participation in elections. Sec. 8004. Amount of State allocation. Sec. 8005. Procedures for disbursements of payments and allocations. Sec. 8006. Office of State Democracy Promotion. PART 2—State Election Assistance and Innovation Trust Fund Sec. 8011. State Election Assistance and Innovation Trust Fund. Sec. 8012. Uses of Fund. Sec. 8013. Assessments against fines and penalties. Sec. 8014. Transfer of balance of Presidential Election Campaign Fund. PART 3—General Provisions Sec. 8021. Definitions. Sec. 8022. Rule of construction regarding calculation of deadlines. Subtitle B—Elections for House of Representatives Sec. 8101. Short title. PART 1—Optional Democracy Credit Program Sec. 8102. Establishment of program. Sec. 8103. Credit program described. Sec. 8104. Reports. Sec. 8105. Election cycle defined. PART 2—Optional Small Dollar Financing of Elections for House of Representatives Sec. 8111. Benefits and eligibility requirements for candidates. Sec. 8112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 8113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 8114. Deadline for regulations. Subtitle C—Personal Use Services as Authorized Campaign Expenditures Sec. 8201. Short title; findings; purpose. Sec. 8202. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle D—Empowering Small Dollar Donations Sec. 8301. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Subtitle E—Severability Sec. 8401. Severability. 3. Findings of general constitutional authority Congress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation’s democratic process. Congress enacts the Freedom to Vote Act pursuant to this broad authority, including but not limited to the following: (1) Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. The Supreme Court has affirmed that the substantive scope of the Elections Clause is broad ; that Times, Places, and Manner are comprehensive words which embrace authority to provide for a complete code for congressional elections ; and [t]he power of Congress over the Times, Places and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith . Arizona v. Inter Tribal Council of Arizona , 570 U.S. 1, 8–9 (2013) (internal quotation marks and citations omitted). Indeed, Congress has plenary and paramount jurisdiction over the whole subject of congressional elections, Ex parte Siebold , 100 U.S. (10 Otto) 371, 388 (1879), and this power may be exercised as and when Congress sees fit , and so far as it extends and conflicts with the regulations of the State, necessarily supersedes them . Id. at 384. Among other things, Congress finds that the Elections Clause was intended to vindicate the people’s right to equality of representation in the House . Wesberry v. Sanders , 376 U.S. 1, 16 (1964), and to address partisan gerrymandering, Rucho v. Common Cause , 139 S. Ct. 2484 (2019). (2) Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: The United States shall guarantee to every State in this Union a Republican Form of Government[.] . Congress finds that its authority and responsibility to enforce the Guarantee Clause is clear given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution. (3) (A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. (B) Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is of the most fundamental significance under our constitutional structure . Ill. Bd. of Election v. Socialist Workers Party , 440 U.S. 173, 184 (1979); see United States v. Classic , 313 U.S. 299 (1941) ( Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted . . . ). As the Supreme Court has repeatedly affirmed, the right to vote is preservative of all rights , Yick Wo v. Hopkins , 118 U.S. 356, 370 (1886). Section 2 of the Fourteenth Amendment also protects the right to vote, granting Congress additional authority to reduce a State’s representation in Congress when the right to vote is abridged or denied. (C) As a result, Congress finds that it has the authority pursuant to section 5 of the Fourteenth Amendment to protect the right to vote. Congress also finds that States and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements, burdensome voter registration procedures, voter purges, limited and unequal access to voting by mail, polling place closures, unequal distribution of election resources, and other impediments. (D) Congress also finds that the right of suffrage can be denied by a debasement or dilution of the weight of a citizen’s vote just as effectively as by wholly prohibiting the free exercise of the franchise . Reynolds v. Sims , 377 U.S. 533, 555 (1964). Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement. (4) (A) Congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section 5 of the Fourteenth Amendment, which grants equal protection of the laws, and section 2 of the Fifteenth Amendment, which explicitly bars denial or abridgment of the right to vote on account of race, color, or previous condition of servitude. (B) Congress finds that racial discrimination in access to voting and the political process persists. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination. (C) Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by excessively onerous voter identification and other voter restrictions. Research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts. (D) Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. In 2020, according to the Sentencing Project, an estimated 5,200,000 Americans could not vote due to a felony conviction. One in 16 African Americans of voting age is disenfranchised, a rate 3.7 times greater than that of non-African Americans. In seven States—Alabama, Florida, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming—more than one in seven African Americans is disenfranchised, twice the national average for African Americans. Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. Congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression, structural racism in the criminal justice system, and ongoing effects of historical discrimination. (5) (A) Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. (B) Congress finds that electoral practices including voting rights restoration conditions for people with convictions and other restrictions to the franchise burden voters on account of their ability to pay. (C) Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age. 4. Standards for judicial review (a) In general For any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. These courts, and the Supreme Court of the United States on a writ of certiorari (if such writ is issued), shall have exclusive jurisdiction to hear such actions. (2) The party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. A Voter Access I Election Modernization and Administration 1000. Short title; statement of policy (a) Short title This title may be cited as the Voter Empowerment Act of 2021 . (b) Statement of policy It is the policy of the United States that— (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States. A Voter Registration Modernization 1000A. Short title This subtitle may be cited as the Voter Registration Modernization Act of 2021 . 1 Automatic Voter Registration 1001. Short title; findings and purpose (a) Short title This part may be cited as the Automatic Voter Registration Act of 2021 . (b) Findings and purpose (1) Findings Congress finds that— (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st Century technologies and procedures to maintain their security. (2) Purpose It is the purpose of this part— (A) to establish that it is the responsibility of government to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State Governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. 1002. Automatic registration of eligible individuals (a) In general The National Voter Registration Act of 1993 ( 52 U.S.C. 20504 ) is amended by inserting after section 5 the following new section: 5A. Automatic registration by State motor vehicle authority (a) Definitions In this section— (1) Applicable agency The term applicable agency means, with respect to a State, the State motor vehicle authority responsible for motor vehicle driver's licenses under State law. (2) Applicable transaction The term applicable transaction means— (A) an application to an applicable agency for a motor vehicle driver's license; and (B) any other service or assistance (including for a change of address) provided by an applicable agency. (3) Automatic registration The term automatic registration means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from the applicable agency to election officials of the State so that, unless the individual affirmatively declines to be registered or to update any voter registration, the individual will be registered to vote in such elections. (4) Eligible individual The term eligible individual means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election. (5) Register to vote The term register to vote includes updating an individual's existing voter registration. (b) Establishment (1) In general The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this section. (2) Registration of voters based on new agency records (A) In general The chief State election official shall— (i) subject to subparagraph (B), ensure that each eligible individual who completes an applicable transaction and does not decline to register to vote is registered to vote— (I) in the next upcoming election for Federal office (and subsequent elections for Federal office), if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual not later than the applicable date; and (II) in subsequent elections for Federal office, if an applicable agency transmits such information with respect to such individual after the applicable date; and (ii) not later than 60 days after the receipt of such information with respect to an individual, send written notice to the individual, in addition to other means of notice established by this part, of the individual’s voter registration status. (B) Applicable date For purposes of this subsection, the term “applicable date” means, with respect to any election for Federal office, the later of— (i) the date that is 28 days before the date of the election; or (ii) the last day of the period provided by State law for registration with respect to such election. (C) Clarification Nothing in this subsection shall prevent the chief State election official from registering an eligible individual to vote for the next upcoming election for Federal office in the State even if an applicable agency transmits information under subsection (c)(1)(E) with respect to the individual after the applicable date. (3) Treatment of individuals under 18 years of age A State may not refuse to treat an individual as an eligible individual for purposes of this section on the grounds that the individual is less than 18 years of age at the time an applicable agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (c) Applicable agency responsibilities (1) Instructions on automatic registration for agencies collecting citizenship information (A) In general Except as otherwise provided in this section, in the case of any applicable transaction for which applicable agency (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance or enrollment), the applicable agency shall inform each such individual who is a citizen of the United States of the following: (i) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated. (ii) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. (iii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (iv) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (B) Individuals with limited English proficiency In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, the information described in clauses (i) through (iv) of subparagraph (A) shall be provided in a language understood by the individual. (C) Clarification on procedures for ineligible voters An applicable agency shall not provide an individual who did not affirm United States citizenship, or for whom the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United State citizen, the opportunity to register to vote under subparagraph (A). (D) Opportunity to decline registration required Except as otherwise provided in this section, each applicable agency shall ensure that each applicable transaction described in subparagraph (A) with an eligible individual cannot be completed until the individual is given the opportunity to decline to be registered to vote. In the case where the individual is a member of a group that constitutes 3 percent or more of the overall population within the State served by the applicable agency as measured by the United States Census and are limited English proficient, such opportunity shall be given in a language understood by the individual. (E) Information transmittal Not later than 10 days after an applicable transaction with an eligible individual, if the individual did not decline to be registered to vote, the applicable agency shall electronically transmit to the appropriate State election official the following information with respect to the individual: (i) The individual’s given name(s) and surname(s). (ii) The individual’s date of birth. (iii) The individual’s residential address. (iv) Information showing that the individual is a citizen of the United States. (v) The date on which information pertaining to that individual was collected or last updated. (vi) If available, the individual’s signature in electronic form. (vii) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information. (viii) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver’s license number or the last 4 digits of the individual’s social security number, if the individual provided such information. (F) Provision of information regarding participation in primary elections In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, if the information transmitted under paragraph (E) with respect to an individual does not include information regarding the individual’s affiliation or enrollment with a political party, the chief State election official shall— (i) notify the individual that such affiliation or enrollment is required to participate in primary elections; and (ii) provide an opportunity for the individual to update their registration with a party affiliation or enrollment. (G) Clarification Nothing in this section shall be read to require an applicable agency to transmit to an election official the information described in subparagraph (E) for an individual who is ineligible to vote in elections for Federal office in the State, except to the extent required to pre-register citizens between 16 and 18 years of age. (2) Alternate procedure for certain other applicable agencies With each applicable transaction for which an applicable agency in the normal course of its operations does not request individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance), the applicable agency shall— (A) complete the requirements of section 7(a)(6); (B) ensure that each applicant’s transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (C) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (c)(1)(E), unless the agency has conclusive documentary evidence obtained through its normal course of operations that the individual is not a United States citizen. (3) Required availability of automatic registration opportunity with each application for service or assistance Each applicable agency shall offer each eligible individual, with each applicable transaction, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (d) Voter protection (1) Applicable agencies’ protection of information Nothing in this section authorizes an applicable agency to collect, retain, transmit, or publicly disclose any of the following, except as necessary to comply with title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ): (A) An individual’s decision to decline to register to vote or not to register to vote. (B) An individual’s decision not to affirm his or her citizenship. (C) Any information that an applicable agency transmits pursuant to subsection (c)(1)(E), except in pursuing the agency’s ordinary course of business. (2) Election officials’ protection of information (A) Public disclosure prohibited (i) In general Subject to clause (ii), with respect to any individual for whom any State election official receives information from an applicable agency, the State election officials shall not publicly disclose any of the following: (I) Any information not necessary to voter registration. (II) Any voter information otherwise shielded from disclosure under State law or section 8(a). (III) Any portion of the individual’s social security number. (IV) Any portion of the individual’s motor vehicle driver’s license number. (V) The individual’s signature. (VI) The individual’s telephone number. (VII) The individual’s email address. (ii) Special rule for individuals registered to vote The prohibition on public disclosure in clause (i) shall not apply with respect to the telephone number or email address of any individual for whom any State election official receives information from the applicable agency and who, on the basis of such information, is registered to vote in the State under this section. (e) Miscellaneous provisions (1) Accessibility of registration services Each applicable agency shall ensure that the services it provides under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (2) Transmission through secure third party permitted Nothing in this section or in the Automatic Voter Registration Act of 2021 shall be construed to prevent an applicable agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this section, so long as the data transmittal complies with the applicable requirements of this section and such Act, including provisions relating privacy and security. (3) Nonpartisan, nondiscriminatory provision of services The services made available by an applicable agencies under this section shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a). (4) Notices Each State may send notices under this section via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this section that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (5) Registration at other State offices permitted Nothing in this section may be construed to prohibit a State from offering voter registration services described in this section at offices of the State other than the State motor vehicle authority. (f) Applicability (1) In general This section shall not apply to an exempt State. (2) Exempt State defined The term exempt State means a State which, under law which is in effect continuously on and after the date of the enactment of this section, either— (A) has no voter registration requirement for any voter in the State with respect to a Federal election; or (B) operates a system of automatic registration (as defined in section 1002(a)(2)) at the motor vehicle authority of the State or a Permanent Dividend Fund of the State under which an individual is provided the opportunity to decline registration during the transaction or by way of a notice sent by mail or electronically after the transaction. . (b) Conforming amendments (1) Section 4(a) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(a)(1) ) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: (2) by application made simultaneously with an application for a motor vehicle driver's license pursuant to section 5A;. . (2) Section 4(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503(b) ) is amended— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (B) by striking States .—This Act and inserting “ States .— (1) In general Except as provided in paragraph (2), this Act ; and (C) by adding at the end the following new paragraph: (2) Application of automatic registration requirements Section 5A shall apply to a State described in paragraph (1), unless the State is an exempt State as defined in subsection (f)(2) of such section. . (3) Section 8(a)(1) of such Act ( 52 U.S.C. 20507(a)(1) ) is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: (B) in the case of registration under section 5A, within the period provided in section 5A(b)(2); . 1003. Voter protection and security in automatic registration (a) Protections for errors in registration An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual’s automatic registration to vote. (2) The individual is not eligible to vote in elections for Federal office but was registered to vote due to individual or agency error. (3) The individual was automatically registered to vote at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration. (b) Limits on use of automatic registration The automatic registration (within the meaning of section 5A of the National Voter Registration Act of 1993) of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) may not be used as evidence against that individual in any State or Federal law enforcement proceeding or any civil adjudication concerning immigration status or naturalization, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone. (c) Protection of election integrity Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who— (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Election officials’ protection of information (1) Voter record changes Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (2) Database management standards Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology, in consultation with State and local election officials and the Election Assistance Commission, shall, after providing the public with notice and the opportunity to comment— (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director’s website and make those standards available in written form upon request; and (D) ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the security of database management. (3) Security policy (A) In general Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify— (i) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (ii) security safeguards to protect personal information transmitted through the information transmittal processes of section 5A(b) of the National Voter Registration Act of 1993, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (B) Maintenance and updating The Director shall ensure that the standards developed pursuant to this paragraph are maintained and updated in a manner that reflects innovations and best practices in the privacy and security of voter registration information. (4) State compliance with national standards (A) Certification The chief State election official of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (2) and (3). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: _____ hereby certifies that it is in compliance with the standards referred to in paragraphs (2) and (3) of section 1003(d) of the Automatic Voter Registration Act of 2021 . (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures The chief State election official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year. (D) Compliance of States that require changes to State law In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (e) Restrictions on use of information No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, juror selection, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual’s declination to register to vote or complete an affirmation of citizenship under section 5A of the National Voter Registration Ac of 1993. (3) An individual’s voter registration status. (f) Prohibition on the use of voter registration information for commercial purposes Information collected under this part or the amendments made by this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971. 1004. Payments and grants (a) In general The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part and the amendments made by this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program or expanding its automatic voter registration program in a manner consistent with the requirements of this part) with respect to the offices of the State motor vehicle authority and any other offices of the State at which the State offers voter registration services as described in this part and the amendments made by this part. (b) Eligibility; application A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of grant; priorities The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including— (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between applicable agencies (as defined in section 5A of the National Voter Registration Act of 1993) and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Exempt State For purposes of this section, the term exempt State has the meaning given such term under section 5A of the National Voter Registration Act of 1993, and also includes a State in which, under law which is in effect continuously on and after the date of the enactment of the National Voter Registration Act of 1993, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. (e) Authorization of appropriations (1) Authorization There are authorized to be appropriated to carry out this section— (A) $3,000,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. 1005. Miscellaneous provisions (a) Enforcement Section 11 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20510 ), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act. (b) Relation to other laws Except as provided, nothing in this part or the amendments made by this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (3) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) (other than section 5A thereof). (4) The Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). 1006. Definitions In this part, the following definitions apply: (1) The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (2) The term Commission means the Election Assistance Commission. (3) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 1007. Effective date (a) In general Except as provided in subsection (b), this part and the amendments made by this part shall apply on and after January 1, 2023. (b) Waiver If a State certifies to the Commission not later than January 1, 2023, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2023 were a reference to January 1, 2025 . 2 Election Day as Legal Public Holiday 1011. Election day as legal public holiday (a) In general Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day, the following: Election Day, the Tuesday next after the first Monday in November in each even-numbered year. . (b) Conforming amendment Section 241(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 20981(b) ) is amended— (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (19) as paragraphs (10) through (18), respectively. (c) Effective date The amendment made by subsection (a) shall apply with respect to the regularly scheduled general elections for Federal office held in November 2022 or any succeeding year. 3 Promoting Internet Registration 1021. Requiring availability of internet for voter registration (a) Requiring Availability of Internet for Registration The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 6 the following new section: 6A. Internet Registration (a) Requiring Availability of Internet for Online Registration Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (1) Online application for voter registration. (2) Online assistance to applicants in applying to register to vote. (3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). (4) Online receipt of completed voter registration applications. (b) Acceptance of completed applications A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signature requirements (1) In general For purposes of this section, an individual meets the requirements of this subsection as follows: (A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. (B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. (C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. (2) Treatment of individuals unable to meet requirement If an individual is unable to meet the requirements of paragraph (1), the State shall— (A) permit the individual to complete all other elements of the online voter registration application; (B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and (C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State. (3) Notice The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). (d) Confirmation and disposition (1) Confirmation of receipt (A) In general Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall provide the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (B) Method of notification The appropriate State or local election official shall provide the notice required under subparagraph (A) though the online submission process and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (2) Notice of disposition (A) In general Not later than 7 days after the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall provide the individual a notice of the disposition of the application. (B) Method of notification The appropriate State or local election official shall provide the notice required under subparagraph (A) by regular mail and— (i) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and (ii) at the option of the individual, by text message. (e) Provision of Services in Nonpartisan Manner The services made available under subsection (a) shall be provided in a manner that ensures that— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of Security of Information In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Accessibility of services A state shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (h) Nondiscrimination among registered voters using mail and online registration In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. . (b) Special requirements for individuals using online registration (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or online under section 6A of the National Voter Registration Act of 1993 . (2) Requiring signature for first-time voters in jurisdiction Section 303(b) of such Act ( 52 U.S.C. 21083(b) ) is amended— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration (A) In general A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 et seq. ); (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 52 U.S.C. 21083(d)(2)(A) ) is amended by striking Each State and inserting Except as provided in subsection (b)(5), each State . (c) Conforming Amendments (1) Timing of registration Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ), as amended by section 1002(b)(3), is amended— (A) by striking and at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following new subparagraph: (E) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . (2) Informing applicants of eligibility requirements and penalties Section 8(a)(5) of such Act ( 52 U.S.C. 20507(a)(5) ) is amended by striking and 7 and inserting 6A, and 7 . 1022. Use of internet to update registration information (a) In General (1) Updates to information contained on computerized statewide voter registration list Section 303(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a) ) is amended by adding at the end the following new paragraph: (6) Use of Internet by registered voters to update information (A) In general The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition (i) Confirmation of receipt Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition Not later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification The appropriate State or local election official shall send the notices required under this subparagraph by regular mail and— (I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and (II) at the option of the individual, by text message. . (2) Conforming amendment relating to effective date Section 303(d)(1)(A) of such Act ( 52 U.S.C. 21083(d)(1)(A) ) is amended by striking subparagraph (B) and inserting subparagraph (B) and subsection (a)(6) . (b) Ability of registrant To use online update To provide information on residence Section 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(d)(2)(A) ) is amended— (1) in the first sentence, by inserting after return the card the following: or update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 ; and (2) in the second sentence, by striking returned, and inserting the following: returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method, . 1023. Provision of election information by electronic mail to individuals registered to vote (a) Including Option on Voter Registration Application To Provide E–Mail Address and Receive Information (1) In general Section 9(b) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(b) ) is amended— (A) by striking and at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) shall include a space for the applicant to provide (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail. . (2) Prohibiting use for purposes unrelated to official duties of election officials Section 9 of such Act ( 52 U.S.C. 20508 ) is amended by adding at the end the following new subsection: (c) Prohibiting use of electronic mail addresses for other than official purposes The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official. . (b) Requiring Provision of Information by Election Officials Section 302(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b) ) is amended by adding at the end the following new paragraph: (3) Provision of other information by electronic mail If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: (A) (i) If the individual is assigned to vote in the election at a specific polling place— (I) the name and address of the polling place; and (II) the hours of operation for the polling place. (ii) If the individual is not assigned to vote in the election at a specific polling place— (I) the name and address of locations at which the individual is eligible to vote; and (II) the hours of operation for those locations. (B) A description of any identification or other information the individual may be required to present at the polling place or a location described in subparagraph (A)(ii)(I) to vote in the election. . 1024. Clarification of requirement regarding necessary information to show eligibility to vote Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a valid voter registration form if— (1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and (2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section. . 1025. Prohibiting State from requiring applicants to provide more than last 4 digits of social security number (a) Form included with application for motor vehicle driver’s license Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c)(2)(B)(ii) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number; . (b) National mail voter registration form Section 9(b)(1) of such Act ( 52 U.S.C. 20508(b)(1) ) is amended by striking the semicolon at the end and inserting the following: , and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number; . 1026. Application of rules to certain exempt States Section 4 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20503 ) is amended by adding at the end the following new subsection: (c) Application of Internet voter registration rules Notwithstanding subsection (b), the following provisions shall apply to a State described in paragraph (2) thereof: (1) Section 6A (as added by section 1021(a) of the Voter Registration Modernization Act of 2021). (2) Section 8(a)(1)(E) (as added by section 1021(c)(1) of the Voter Registration Modernization Act of 2021). (3) Section 8(a)(5) (as amended by section 1021(c)(2) of Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. (4) Section 8(j) (as added by section 1024 of the Voter Registration Modernization Act of 2021), but only to the extent such provision relates to section 6A. . 1027. Report on data collection relating to online voter registration systems Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts related to online voter registration systems, the cyber security resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems. 1028. Permitting voter registration application form to serve as application for absentee ballot Section 5(c) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504(c) ) is amended— (1) in paragraph (2)— (A) by striking and at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ; and ; and (C) by adding at the end the following new subparagraph: (F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State. ; and (2) by adding at the end the following new paragraph: (3) (A) In the case of an individual who is treated as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F), such treatment shall remain effective until the earlier of such time as— (i) the individual is no longer registered to vote in the State; or (ii) the individual provides an affirmative written notice revoking such treatment. (B) The treatment of an individual as having applied for an absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State under paragraph (2)(F) shall not be revoked on the basis that the individual has not voted in an election . 1029. Effective date (a) In General Except as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1004) shall take effect January 1, 2022. (b) Waiver If a State certifies to the Election Assistance Commission not later than January 1, 2022, that the State will not meet the deadline described in subsection (a) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2022 were a reference to January 1, 2024 . 4 Same Day Voter Registration 1031. Same day registration (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. (c) Ensuring availability of forms The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section. (d) Effective date (1) In general Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office. (2) Special rules for elections before November 2026 (A) Elections prior to November 2024 general election A State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2022 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2024 if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements. (B) November 2024 general election If a State certifies to the Commission not later than November 5, 2024, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for such election if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III . (c) Clerical amendments The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. . 1032. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays (a) In general Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ) is amended by striking 30 days each place it appears and inserting 28 days . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections held in 2022 or any succeeding year. 5 Streamline Voter Registration Information, Access, and Privacy 1041. Authorizing the dissemination of voter registration information displays following naturalization ceremonies The Secretary of Homeland Security shall establish a process for authorizing the chief State election official of a State to disseminate voter registration information at the conclusion of any naturalization ceremony in such State, which may involve a display or exhibit. 1042. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications (a) Definitions In this section: (1) Bureau The term Bureau means the Bureau of Consumer Financial Protection. (2) Director The term Director means the Director of the Bureau of Consumer Financial Protection. (3) Federal rental assistance The term Federal rental assistance means rental assistance provided under— (A) any covered housing program, as defined in section 41411(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a) ); (B) title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ), including voucher assistance under section 542 of such title ( 42 U.S.C. 1490r ); (C) the Housing Trust Fund program under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4588 ); or (D) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ). (4) Federally backed multifamily mortgage loan The term Federally backed multifamily mortgage loan includes any loan (other than temporary financing such as a construction loan) that— (A) is secured by a first or subordinate lien on residential multifamily real property designed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency, or is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association. (5) Owner The term owner has the meaning given the term in section 8(f) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(f) ). (6) Public housing; public housing agency The terms public housing and public housing agency have the meanings given those terms in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (7) Residential mortgage loan The term residential mortgage loan includes any loan that is secured by a first or subordinate lien on residential real property, including individual units of condominiums and cooperatives, designed principally for the occupancy of from 1- to 4- families. (b) Uniform statement (1) Development The Director, after consultation with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of the statement pursuant to this section with information on how the recipient can register to vote and the voting rights of the recipient under law. (2) Responsibilities In developing the uniform statement, the Director shall be responsible for— (A) establishing the format of the statement; (B) consumer research and testing of the statement; and (C) consulting with and obtaining from the Election Assistance Commission the content regarding voter rights and registration issues needed to ensure the statement complies with the requirements of paragraph (1). (3) Languages (A) In general The uniform statement required under paragraph (1) shall be developed and made available in English and in each of the 10 languages most commonly spoken by individuals with limited English proficiency, as determined by the Director using information published by the Director of the Bureau of the Census. (B) Publication The Director shall make all translated versions of the uniform statement required under paragraph (1) publicly available in a centralized location on the website of the Bureau. (c) Leases and vouchers for Federally assisted rental housing Each Federal agency administering a Federal rental assistance program shall require— (1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (b) to each lessee of a dwelling unit in public housing administered by the agency— (A) together with the lease for the dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the lessee; (2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (b) to each assisted family or individual— (A) together with the voucher for the assistance, at the time the voucher is issued for the family or individual; and (B) together with any income verification form, at the time the voucher is provided to the applicant or assisted family or individual; and (3) each owner of a dwelling unit assisted with Federal rental assistance to provide a copy of the uniform statement developed pursuant to subsection (b) to the lessee of the dwelling unit— (A) together with the lease for such dwelling unit, at the same time the lease is signed by the lessee; and (B) together with any income verification form, at the same time the form is provided to the applicant or tenant. (d) Applications for residential mortgage loans The Director shall require each creditor (within the meaning of such term as used in section 1026.2(a)(17) of title 12, Code of Federal Regulations) that receives an application (within the meaning of such term as used in section 1026.2(a)(3)(ii) of title 12, Code of Federal Regulations) to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to the applicant for the residential mortgage loan not later than 5 business days after the date of the application. (e) Federally backed multifamily mortgage loans The head of the Federal agency insuring, guaranteeing, supplementing, or assisting a Federally backed multifamily mortgage loan, or the Director of the Federal Housing Finance Agency in the case of a Federally backed multifamily mortgage loan that is purchased or securitized by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, shall require the owner of the property secured by the Federally backed multifamily mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (b) in written form to each lessee of a dwelling unit assisted by that loan at the time the lease is signed by the lessee. (f) Optional completion of voter registration Nothing in this section may be construed to require any individual to complete a voter registration form. (g) Regulations The head of a Federal agency administering a Federal rental assistance program, the head of the Federal agency insuring, guaranteeing, supplementing, or assisting a Federally backed multifamily mortgage loan, the Director of the Federal Housing Finance Agency, and the Director may issue such regulations as may be necessary to carry out this section. 1043. Acceptance of voter registration applications from individuals under 18 years of age (a) Acceptance of applications Section 8 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ), as amended by section 1024, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Acceptance of applications from individuals under 18 years of age (1) In general A State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. (2) No effect on State voting age requirements Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. . (b) Effective date The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2022. 1044. Requiring states to establish and operate voter privacy programs (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307, respectively; and (2) by inserting after section 304 the following new section: 305. Voter privacy programs (a) In general Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. (b) Notice Each State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. (c) Public availability Each State shall make information about the program established under subsection (a) available on a publicly accessible website. (d) Definitions In this section: (1) The terms domestic violence , stalking , sexual assault , and dating violence have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291 ). (2) The term trafficking means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (e) Effective date Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2023. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), is amended— (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307, respectively; and (2) by inserting after the item relating to section 304 the following new item: Sec. 305. Voter privacy programs. . 6 Funding Support to States for Compliance 1051. Availability of requirements payments under HAVA to cover costs of compliance with new requirements (a) In General Section 251(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21001(b) ) is amended— (1) in paragraph (1), by striking as provided in paragraphs (2) and (3) and inserting as otherwise provided in this subsection ; and (2) by adding at the end the following new paragraph: (4) Certain voter registration activities Notwithstanding paragraph (3), a State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021. . (b) Conforming Amendment Section 254(a)(1) of such Act ( 52 U.S.C. 21004(a)(1) ) is amended by striking section 251(a)(2) and inserting section 251(b)(2) . (c) Effective Date The amendments made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. B Access to Voting for Individuals With Disabilities 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a) and section 1044(a), is amended— (1) by redesignating sections 306 and 307 as sections 307 and 308, respectively; and (2) by inserting after section 305 the following new section: 306. Access to voter registration and voting for individuals with disabilities (a) Treatment of applications and ballots Each State shall— (1) ensure that absentee registration forms, absentee ballot applications, and absentee ballots that are available electronically are accessible (as defined in section 307); (2) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; (3) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; (4) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures— (A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); (B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and (C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; (5) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); and (6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of single State office to provide information on registration and absentee ballot procedures for voters with disabilities in State (1) In general Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures, absentee ballot procedures, and in-person voting procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. (2) Responsibilities Each State shall, through the office designated in paragraph (1)— (A) provide information to election officials— (i) on how to set up and operate accessible voting systems; and (ii) regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices; (B) integrate information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials; (C) train poll workers on how to make polling places accessible for individuals with disabilities and older individuals; (D) promote the hiring of individuals with disabilities and older individuals as poll workers and election staff; and (E) publicly post the results of any audits to determine the accessibility of polling places no later than 6 months after the completion of the audit. (c) Designation Of means of electronic communication for individuals with disabilities to request and for states to send voter registration applications and absentee ballot applications, and for other purposes related to voting information (1) In general Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of accessible electronic communication— (A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(4); (B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and (C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. (4) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under subsection (a)(4)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (d) Transmission of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and (B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Application of methods to track delivery to and return of ballot by individual requesting ballot Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot envelope, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. (e) Individual with a disability defined In this section, an individual with a disability means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. (f) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2022. . (b) Conforming amendment relating to issuance of voluntary guidance by election assistance commission (1) Timing of issuance Section 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— (A) by striking and at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to section 306, January 1, 2022. . (2) Redesignation (A) In general Title III of such Act ( 52 U.S.C. 21081 et seq. ) is amended by redesignating sections 311 and 312 as sections 321 and 322, respectively. (B) Conforming amendment Section 322(a) of such Act, as redesignated by subparagraph (A), is amended by striking section 312 and inserting section 322 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c) and section 1044(b), is amended— (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and (2) by inserting after the item relating to section 305 the following new item: Sec. 306. Access to voter registration and voting for individuals with disabilities. . 1102. Establishment and maintenance of State accessible election websites (a) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), and section 1101(a), is amended— (1) by redesignating sections 307 and 308 as sections 308 and 309, respectively; and (2) by inserting after section 306 the following: 307. Establishment and maintenance of accessible election websites (a) In general Not later than January 1, 2023, each State shall establish a single election website that is accessible and meets the following requirements: (1) Local election officials The website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters The website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (G) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. (b) Partnership with outside technical organization The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (1) update an existing election website to make it fully accessible in accordance with this section; or (2) develop an election website that is fully accessible in accordance with this section. (c) State plan (1) Development The chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership The committee shall comprise at least the following individuals: (A) The chief election officials of the four most populous jurisdictions within the State. (B) The chief election officials of the four least populous jurisdictions within the State. (C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. (D) Representatives from two older individual advocacy groups, including at least one such representative who is an older individual. (E) Representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from two independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (d) Partnership To monitor and verify accessibility The chief State election official of each eligible State, through the committee of appropriate individuals under subsection (c)(2), shall partner with at least two of the following organizations to monitor and verify the accessibility of the election website and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). (2) Centers for Independent Living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. ). (3) A State Council on Developmental Disabilities described in section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (4) State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). (6) State Assistive Technology Act Programs. (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization. (e) Definitions For purposes of this section, section 305, and section 307: (1) Accessible The term accessible means— (A) in the case of the election website under subsection (a) or an electronic communication under section 305— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design adopted by the Department of Justice (or any successor standards). (2) Individual with a disability The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. (3) Older individual The term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office. . (b) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b), is amended by striking section 306 and inserting sections 306 and 307 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), and section 1101(c), is amended— (1) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309, respectively; and (2) by inserting after the item relating to section 306 the following new item: Sec. 307. Establishment and maintenance of accessible election websites. . 1103. Protections for in-person voting for individuals with disabilities and older individuals (a) Requirement (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), and section 1102(a), is amended— (A) by redesignating sections 308 and 309 as sections 309 and 310, respectively; and (B) by inserting after section 307 the following: 308. Access to voting for individuals with disabilities and older individuals (a) In general Each State shall— (1) ensure all polling places within the State are accessible, as defined in section 306; (2) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (3) consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in these facilities. (b) Clarification Nothing in this section may be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. (c) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2024. . (2) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by section 1102(b) , is amended by striking and 307 and inserting , 307, and 308 . (3) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), and section 1102(c) , is amended— (A) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310, respectively; and (B) by inserting after the item relating to section 307 the following new item: Sec. 308. Access to voting for individuals with disabilities and older individuals. . (b) Revisions to Voting Accessibility for the Elderly and Handicapped Act (1) Reports to Election Assistance Commission Section 3(c) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(c) ) is amended— (A) in the subsection heading, by striking Federal Election Commission and inserting Election Assistance Commission ; (B) in each of paragraphs (1) and (2), by striking Federal Election Commission and inserting Election Assistance Commission ; and (C) by striking paragraph (3). (2) Conforming amendments relating to references The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq. ), as amended by paragraph (1), is amended— (A) by striking handicapped and elderly individuals each place it appears and inserting individuals with disabilities and older individuals ; (B) by striking handicapped and elderly voters each place it appears and inserting individuals with disabilities and older individuals ; (C) in section 3(b)(2)(B), by striking handicapped or elderly voter and inserting individual with a disability or older individual ; (D) in section 5(b), by striking handicapped voter and inserting individual with a disability ; and (E) in section 8— (i) by striking paragraphs (1) and (2) and inserting the following: (1) accessible has the meaning given that term in section 307 of the Help America Vote Act of 2002, as added by section 1102(a) of the Freedom to Vote Act ; (2) older individual has the meaning given that term in such section 307; ; and (ii) by striking paragraph (4), and inserting the following: (4) individual with a disability has the meaning given that term in such section 306; and . (3) Short title amendment (A) In general Section 1 of the Voting Accessibility for the Elderly and Handicapped Act ( Public Law 98–435 ; 42 U.S.C. 1973ee note) is amended by striking for the Elderly and Handicapped and inserting for Individuals with Disabilities and Older Individuals . (B) References Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the Voting Accessibility for the Elderly and Handicapped Act shall be deemed to be a reference to the Voting Accessibility for Individuals with Disabilities and Older Individuals Act . (4) Effective date The amendments made by this subsection shall take effect on January 1, 2024, and apply to with respect to elections for Federal office held on or after that date. 1104. Protections for individuals subject to guardianship (a) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), and section 1103(a)(1), is amended— (1) by redesignating sections 309 and 310 as sections 310 and 311, respectively; and (2) by inserting after section 308 the following: 309. Protections for individuals subject to guardianship (a) In general A State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2022. . (b) Voluntary guidance Section 321(b)(4) such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102 and 1103, is amended by striking and 308 and inserting 308, and 309 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), and section 1103(a)(3), is amended— (1) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311, respectively; and (2) by inserting after the item relating to section 308 the following new item: Sec. 309. Protections for individuals subject to guardianship. . 1105. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities (a) Purposes of payments Section 261(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21021(b) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities. . (b) Reauthorization Section 264(a) of such Act ( 52 U.S.C. 21024(a) ) is amended by adding at the end the following new paragraph: (4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part. . (c) Period of availability of funds Section 264 of such Act ( 52 U.S.C. 21024 ) is amended— (1) in subsection (b), by striking Any amounts and inserting Except as provided in subsection (b), any amounts ; and (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds (1) Deadline for obligation and expenditure In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts (A) In general The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described In subparagraph (A), a covered payment recipient is a State or unit of local government with respect to which— (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1). . 1106. Funding for protection and advocacy systems (a) Inclusion of system serving American Indian Consortium Section 291(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(a) ) is amended by striking of each State and inserting of each State and the eligible system serving the American Indian consortium (within the meaning of section 509(c)(1)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e(c)(1)(B) )) . (b) Grant amount Section 291(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(b) ) is amended— (1) by striking as set forth in subsections (c)(3) and inserting as set forth in subsections (c)(1)(B) (regardless of the fiscal year), (c)(3) ; and (2) by striking except that and all that follows and inserting except that the amount of the grants to systems referred to in subsection (c)(3)(B) of that section shall not be less than $70,000 and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) of that section shall not be less than $35,000. . 1107. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences (a) Establishment of pilot programs The Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. (b) Reports (1) In general A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. (e) State defined In this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 1108. GAO analysis and report on voting access for individuals with disabilities (a) Analysis The Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act— (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines— (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites. (b) Report (1) In general Not later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees For purposes of this subsection, the term appropriate congressional committees means— (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. C Early Voting 1201. Early voting (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), and section 1104(a), is amended— (1) by redesignating sections 310 and 311 as sections 311 and 312, respectively; and (2) by inserting after section 309 the following new section: 310. Early voting (a) Requiring Voting Prior to Date of Election Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in a manner that allows the individual to receive, complete, and cast their ballot in-person. (b) Minimum early voting requirements (1) In general (A) Length of period The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends no earlier than the second day before the date of the election. (B) Hours for early voting Each polling place which allows voting during an early voting period under subparagraph (A) shall— (i) allow such voting for no less than 10 hours on each day during the period; (ii) have uniform hours each day for which such voting occurs; and (iii) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). (2) Requirements for vote-by-mail jurisdictions In the case of a jurisdiction that sends every registered voter a ballot by mail— (A) paragraph (1) shall not apply; (B) such jurisdiction shall allow eligible individuals to vote during an early voting period that ensures voters are provided the greatest opportunity to cast ballots ahead of election day and which includes at least one consecutive Saturday and Sunday; and (C) each polling place which allows voting during an early voting period under subparagraph (B) shall allow such voting— (i) during the election office’s regular business hours; and (ii) for a period of not less than 8 hours on Saturdays and Sundays included in the early voting period. (3) Requirements for small jurisdictions (A) In general In the case of a jurisdiction described in subparagraph (B), paragraph (1)(B) shall not apply so long as all eligible individuals in the jurisdiction have the opportunity to vote— (i) at each polling place which allows voting during the early voting period described in paragraph (1)(A)— (I) during the election office’s regular business hours; and (II) for a period of not less than 8 hours on at least one Saturday and at least one Sunday included in the early voting period; or (ii) at one or more polling places in the county in which such jurisdiction is located that allows voting during the early voting period described in paragraph (1)(A) in accordance with the requirements under paragraph (1)(B). (B) Jurisdiction described A jurisdiction is described in this subparagraph if such jurisdiction— (i) had less than 3,000 registered voters at the time of the most recent prior election for Federal office; and (ii) consists of a geographic area that is smaller than the jurisdiction of the county in which such jurisdiction is located. (4) Rule of construction Nothing in this subsection shall be construed— (A) to limit the availability of additional temporary voting sites which provide voters more opportunities to cast their ballots but which do not meet the requirements of this subsection; (B) to limit a polling place from being open for additional hours outside of the uniform hours set for the polling location on any day of the early voting period; or (C) to limit a State or jurisdiction from offering early voting on the Monday before election day. (c) Location of polling places (1) Proximity to public transportation To the greatest extent practicable, each State and jurisdiction shall ensure that each polling place which allows voting during an early voting period under subsection (b) is located within walking distance of a stop on a public transportation route. (2) Availability in rural areas In the case of a jurisdiction that includes a rural area, the State or jurisdiction shall— (A) ensure that polling places which allow voting during an early voting period under subsection (b) will be located in such rural areas; and (B) ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. (3) College campuses In the case of a jurisdiction that includes an institution of higher education, the State or jurisdiction shall— (A) ensure that an appropriate number (not less than one) of polling places which allow voting during the early voting period under subsection (b) will be located on the campus of the institution of higher education; and (B) ensure that such polling places provide the greatest opportunity for residents of the jurisdiction to vote. (d) Standards Not later than June 30, 2022, the Commission shall issue voluntary standards for the administration of voting during voting periods which occur prior to the date of a Federal election. Subject to subsection (c), such voluntary standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. (e) Ballot processing and scanning requirements (1) In general Each State or jurisdiction shall begin processing and scanning ballots cast during in-person early voting for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State or jurisdiction may begin processing and scanning ballots cast during in-person early voting for tabulation after such date if the date on which the State or jurisdiction begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation Nothing in this subsection shall be construed— (A) to permit a State or jurisdiction to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State or jurisdiction and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (f) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission Section 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b), is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following new paragraph: (5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the Freedom to Vote Act , June 30, 2022. . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), and section 1104(c), is amended— (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312, respectively; and (2) by inserting after the item relating to section 309 the following new item: Sec. 310. Early voting. . D Voting by Mail 1301. Voting by mail (a) In general (1) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), and section 1201(a), is amended— (A) by redesignating sections 311 and 312 as sections 312 and 313, respectively; and (B) by inserting after section 310 the following new section: 311. Promoting ability of voters to vote by mail (a) Uniform availability of absentee voting to all voters (1) In general If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. (2) Administration of voting by mail (A) Prohibiting identification requirement as condition of obtaining or casting ballot A State may not require an individual to submit any form of identifying document as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prevent a State from requiring— (i) the information required to complete an application for voter registration for an election for Federal office under section 303(a)(5)(A), provided that a State may not deny a voter a ballot or the opportunity to cast it on the grounds that the voter does not possess a current and valid driver’s license number or a social security number; or (ii) a signature of the individual or similar affirmation as a condition of obtaining or casting an absentee ballot. (B) Prohibiting faulty matching requirements for identifying information A State may not deny a voter an absentee ballot or reject an absentee ballot cast by a voter— (i) on the grounds that the voter provided a different form of identifying information under subparagraph (A) than the voter originally provided when registering to vote or when requesting an absentee ballot; or (ii) due to an error in, or omission of, identifying information required by a State under subparagraph (A), if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ). (C) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot, except that nothing in this subparagraph may be construed to prohibit a State from enforcing a law which has a witness signature requirement for a ballot where a voter oath is attested to with a mark rather than a voter’s signature. (3) No effect on identification requirements for first-time voters registering by mail Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section or to exempt an individual described in paragraph (5)(A) of section 303(b) from meeting the requirements of paragraph (5)(B). (b) Due process requirements for States requiring signature verification (1) Requirement (A) In general A State may not impose a signature verification requirement as a condition of accepting and counting a mail-in ballot or absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). (B) Signature verification requirement described In this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the individual’s signature on the mail-in ballot or absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. (2) Due process requirements (A) Notice and opportunity to cure discrepancy in signatures If an individual submits a mail-in ballot or an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (II) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (B) Notice and opportunity to cure missing signature or other defect If an individual submits a mail-in ballot or an absentee ballot without a signature or submits a mail-in ballot or an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (i) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (I) the ballot did not include a signature or has some other defect; and (II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (ii) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). (C) Other requirements (i) In general An election official may not make a determination that a discrepancy exists between the signature on a mail-in ballot or an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— (I) at least 2 election officials make the determination; (II) each official who makes the determination has received training in procedures used to verify signatures; and (III) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (ii) Exception Clause (i)(III) shall not apply to any State in which, under a law that is in effect continuously on and after the date of enactment of this section, determinations regarding signature discrepancies are made by election officials who are not affiliated with a political party. (3) Report (A) In general Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to the Commission a report containing the following information for the applicable Federal election cycle in the State: (i) The number of ballots invalidated due to a discrepancy under this subsection. (ii) Description of attempts to contact voters to provide notice as required by this subsection. (iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. (B) Submission to Congress Not later than 10 days after receiving a report under subparagraph (A), the Commission shall transmit such report to Congress. (C) Federal election cycle defined For purposes of this subsection, the term Federal election cycle means, with respect to any regularly scheduled election for Federal office, the period beginning on the day after the date of the preceding regularly scheduled general election for Federal office and ending on the date of such regularly scheduled general election. (4) Rule of construction Nothing in this subsection shall be construed— (A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or (B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual’s signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. (c) Applications for absentee ballots (1) In general In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, each State shall permit an individual to submit an application for an absentee ballot online. (2) Treatment of websites A State shall be considered to meet the requirements of paragraph (1) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual— (A) to print the application so that the individual may complete the application and return it to the official; or (B) to request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. (3) Ensuring delivery prior to election (A) In general If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official not later than 13 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall ensure that the ballot and related voting materials are promptly mailed to the individual. (B) Applications received close to election day If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election and such application is received by the appropriate State or local election official after the date described in subparagraph (A) but not later than 7 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, the election official shall, to the greatest extent practical, ensure that the ballot and related voting materials are mailed to the individual within 1 business day of the receipt of the application. (C) Rule of construction Nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after the date described in subparagraph (B). (4) Application for all future elections (A) In general At the option of an individual, the individual's application to vote by absentee ballot by mail in an election for Federal office shall be treated as an application for an absentee ballot by mail in all subsequent elections for Federal office held in the State. (B) Duration of treatment (i) In general In the case of an individual who is treated as having applied for an absentee ballot for all subsequent elections for Federal office held in the State under subparagraph (A), such treatment shall remain effective until the earlier of such time as— (I) the individual is no longer registered to vote in the State; or (II) the individual provides an affirmative written notice revoking such treatment. (ii) Prohibition on revocation based on failure to vote The treatment of an individual as having applied for an absentee ballot for all subsequent elections held in the State under subparagraph (A) shall not be revoked on the basis that the individual has not voted in an election. (d) Accessibility for individuals with disabilities Each State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. (e) Uniform deadline for acceptance of mailed ballots (1) In General A State or local election official may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— (A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election, or has been signed by the voter on or before the date of the election; and (B) the ballot is received by the appropriate election official prior to the expiration of the 7-day period which begins on the date of the election. (2) Rule of construction Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 7 days after the date of the election. (f) Alternative methods of returning ballots In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, each State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— (1) permitting the individual to deliver the ballot to a polling place within the jurisdiction in which the individual is registered or otherwise eligible to vote on any date on which voting in the election is held at the polling place; and (2) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. (g) Ballot processing and scanning requirements (1) In general Each State or jurisdiction shall begin processing and scanning ballots cast by mail for tabulation not later than the date that is 14 days prior to the date of the election involved, except that a State may begin processing and scanning ballots cast by mail for tabulation after such date if the date on which the State begins such processing and scanning ensures, to the greatest extent practical, that ballots cast before the date of the election are processed and scanned before the date of the election. (2) Limitation Nothing in this subsection shall be construed— (A) to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election unless such tabulation is a necessary component of preprocessing in the State and is performed in accordance with existing State law; or (B) to permit an official to make public any results of tabulation and processing before the closing of the polls on the date of the election. (h) Prohibiting restrictions on distribution of absentee ballot applications by third parties A State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. (i) Rule of construction Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. (j) No effect on ballots submitted by absent military and overseas voters Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (k) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (2) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), and section 1201(c), is amended— (A) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313, respectively; and (B) by inserting after the item relating to section 310 the following new item: Sec. 311. Promoting ability of voters to vote by mail. . (b) Same-day processing of absentee ballots (1) In general Chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots (a) In general The Postal Service shall ensure, to the maximum extent practicable, that any ballot carried by the Postal Service is processed by and cleared from any postal facility or post office on the same day that the ballot is received by that facility or post office. (b) Definitions As used in this section— (1) the term ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. . (2) Technical and conforming amendment The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Same-day processing of ballots. . (3) Effective date The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. (c) Development of alternative verification methods (1) Development of standards The National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by mail-in or absentee ballot in elections for Federal office. (2) Public notice and comment The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline Not later than 2 years after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1). 1302. Balloting materials tracking program (a) In general (1) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), and section 1301(a), is amended— (A) by redesignating sections 312 and 313 as sections 313 and 314, respectively; and (B) by inserting after section 311 the following new section: 312. Ballot materials tracking program (a) Requirement Each State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot. (b) Means of carrying out program A State may meet the requirements of subsection (a)— (1) through a program— (A) which is established by the State; (B) under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election— (i) carries out procedures to track and confirm the receipt of such ballots; and (ii) makes information on the receipt of such ballots available to the individual who cast the ballot; and (C) which meets the requirements of subsection (c); or (2) through the ballot materials tracking service established under section 1302(b) of the Freedom to Vote Act . (c) State program requirements The requirements of this subsection are as follows: (1) Information on whether vote was accepted The information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. (2) Availability of information Information on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot. (3) Accessibility of information (A) In general Except as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. (B) Use of Toll-Free Telephone Number by Officials Without Internet Site In the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B). (d) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office. . (2) Conforming amendments Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). (b) Balloting materials tracking service (1) In general Not later than January 1, 2024, the Secretary of Homeland Security, in consultation with the Chair of the Election Assistance Commission, the Postmaster General, the Director of the General Services Administration, the Presidential designee, and State election officials, shall establish a balloting materials tracking service to be used by State and local jurisdictions to inform voters on the status of voter registration applications, absentee ballot applications, absentee ballots, and mail-in ballots. (2) Information tracked The balloting materials tracking service established under paragraph (1) shall provide to a voter the following information with respect to that voter: (A) In the case of balloting materials sent by mail, tracking information from the United States Postal Service and the Presidential designee on balloting materials sent to the voter and, to the extent feasible, returned by the voter. (B) The date on which any request by the voter for an application for voter registration or an absentee ballot was received. (C) The date on which any such requested application was sent to the voter. (D) The date on which any such completed application was received from the voter and the status of such application. (E) The date on which any mail-in ballot or absentee ballot was sent to the voter. (F) The date on which any mail-in ballot or absentee ballot was out for delivery to the voter. (G) The date on which the post office processes the ballot. (H) The date on which the returned ballot was out for delivery to the election office. (I) Whether such ballot was accepted and counted, and in the case of any ballot not counted, the reason why the ballot was not counted. The information described in subparagraph (I) shall be available not later than 1 day after a determination is made on whether or not to accept and count the ballot. (3) Method of providing information The balloting materials tracking service established under paragraph (1) shall allow voters the option to receive the information described in paragraph (2) through email (or other electronic means) or through the mail. (4) Public availability of limited information Information described in subparagraphs (E), (G), and (I) of paragraph (2) shall be made available to political parties and political organizations, free of charge, for use, in accordance with State guidelines and procedures, in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned. (5) Prohibition on fees The Director may not charge any fee to a State or jurisdiction for use of the balloting materials tracking service in connection with any Federal, State, or local election. (6) Presidential designee For purposes of this subsection, the term Presidential designee means the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 30201 ). (7) Authorization of appropriations There are authorized to be appropriated to the Director such sums as are necessary for purposes of carrying out this subsection. (c) Reimbursement for costs incurred by states in establishing program Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. ) is amended by adding at the end the following new part: 7 Payments to reimburse states for costs incurred in establishing program to track and confirm receipt of absentee ballots 297. Payments to states (a) Payments for costs of program In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 312(b)(1) (including costs incurred prior to the date of the enactment of this part). (b) Certification of compliance and costs (1) Certification required In order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B) a statement of the costs incurred by the State in establishing the program. (2) Amount of payment The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A) the number of jurisdictions in the State which are responsible for operating the program; and (B) $3,000. (3) Limit on number of payments received A State may not receive more than one payment under this part. 297A. Authorization of appropriations (a) Authorization There are authorized to be appropriated to the Commission for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary for payments under this part. (b) Continuing availability of funds Any amounts appropriated pursuant to the authorization under this section shall remain available until expended. . (d) Clerical amendments The table of contents of such Act, as amended by section 1031(c), 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), and section 1301(a), is amended— (1) by adding at the end of the items relating to subtitle D of title II the following: PART 7—Payments to reimburse states for costs incurred in establishing program to track and confirm receipt of absentee ballots Sec. 297. Payments to states. Sec. 297A. Authorization of appropriations. ; (2) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314, respectively; and (3) by inserting after the item relating to section 311 the following new item: Sec. 312. Absentee ballot tracking program. . 1303. Election mail and delivery improvements (a) Postmark required for ballots (1) In general Chapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: 3408. Postmark required for ballots (a) In general In the case of any absentee ballot carried by the Postal Service, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise— (1) the fact that the ballot was carried by the Postal Service; and (2) the date on which the ballot was mailed. (b) Definitions As used in this section— (1) the term absentee ballot means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and (2) the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. . (2) Technical and conforming amendment The table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b), is amended by adding at the end the following: 3408. Postmark required for ballots. . (3) Effective date The amendments made by this subsection shall apply to absentee ballots relating to an election for Federal office occurring on or after January 1, 2022. (b) Greater visibility for ballots (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), and section 1302(a), is amended— (A) by redesignating sections 313 and 314 as sections 314 and 315, respectively; and (B) by inserting after section 312 the following new section: 313. Ballot visibility (a) In general Each State or local election official shall— (1) affix Tag 191, Domestic and International Mail-In Ballots (or any successor tag designated by the United States Postal Service), to any tray or sack of official ballots relating to an election for Federal office that is destined for a domestic or international address; (2) use the Official Election Mail logo to designate official ballots relating to an election for Federal office that is destined for a domestic or international address; and (3) if an intelligent mail barcode is utilized for any official ballot relating to an election for Federal office that is destined for a domestic or international address, ensure the specific ballot service type identifier for such mail is visible. (b) Effective date The requirements of this section shall apply to elections for Federal office occurring on and after January 1, 2022. . (2) Voluntary guidance Section 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103 and 1104, is amended by striking and 309 and inserting 309, and 313 . (3) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), and section 1302(a), is amended— (A) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (B) by inserting after the item relating to section 312 the following new item: Sec. 313. Ballot visibility. . 1304. Carriage of election mail (a) Treatment of election mail (1) Treatment as first-class mail; free postage Chapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections (a) Definition In this section, the term election mail means— (1) a blank or completed voter registration application form, voter registration card, or similar materials, relating to an election for Federal office; (2) a blank or completed absentee and other mail-in ballot application form, and a blank or completed absentee or other mail-in ballot, relating to an election for Federal office, and (3) other materials relating to an election for Federal office that are mailed by a State or local election official to an individual who is registered to vote. (b) Carriage of election mail Election mail (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)), individually or in bulk, shall be carried in accordance with the service standards established for first-class mail under section 3691. (c) No postage required for completed ballots Completed absentee or other mail-in ballots (other than balloting materials covered under section 3406 (relating to the Uniformed and Overseas Absentee Voting Act)) shall be carried free of postage. (d) Restriction of operational changes During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of election mail. This subsection applies to operational changes which include— (1) removing or eliminating any mail collection box without immediately replacing it; and (2) removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. (e) Election mail coordinator The Postal Service shall appoint an Election Mail Coordinator at each area office and district office to facilitate relevant information sharing with State, territorial, local, and Tribal election officials in regards to the mailing of election mail. . (2) Reimbursement of Postal Service for revenue forgone Section 2401(c) of title 39, United States Code, is amended by striking sections 3217 and 3403 through 3406 and inserting sections 3217, 3403 through 3406, and 3409 . (b) Technical and conforming amendment The table of sections for chapter 34 of title 39, United States Code, as amended by section 1301(b) and section 1303(a), is amended by adding at the end the following: 3409. Domestic election mail; restriction of operational changes prior to elections. . (c) Effective date The amendments made by this section shall apply to election mail relating to an election for Federal office occurring on or after January 1, 2022. 1305. Requiring States to provide secured drop boxes for voted ballots in elections for Federal office (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), and section 1303(b) is amended— (1) by redesignating sections 314 and 315 as sections 315 and 316, respectively; and (2) by inserting after section 313 the following new section: 314. Use of secured drop boxes for voted ballots (a) Requiring use of drop boxes Each jurisdiction shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted ballots in an election for Federal office. (b) Minimum period for availability of drop boxes The period described in this subsection is, with respect to an election, the period which begins on the first day on which the jurisdiction sends mail-in ballots or absentee ballots (other than ballots for absent uniformed overseas voters (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) )) or overseas voters (as defined in section 107(5) of such Act ( 52 U.S.C. 20310(5) ))) to voters for such election and which ends at the time the polls close for the election in the jurisdiction involved. (c) Accessibility (1) Hours of access (A) In general Except as provided in subparagraph (B), each drop box provided under this section shall be accessible to voters for a reasonable number of hours each day. (B) 24-hour drop boxes (i) In general Of the number of drop boxes provided in any jurisdiction, not less the required number shall be accessible for 24-hours per day during the period described in subsection (b). (ii) Required number The required number is the greater of— (I) 25 percent of the drop boxes required under subsection (d); or (II) 1 drop box. (2) Population (A) In general Drop boxes provided under this section shall be accessible for use— (i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; (ii) by individuals with limited proficiency in the English language; and (iii) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act( 42 U.S.C. 11302 )) within the State. (B) Determination of accessibility for individuals with disabilities For purposes of this paragraph, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. (C) Rule of construction If a drop box provided under this section is on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities, individuals with limited proficiency in the English language, or homeless individuals. (d) Number of drop boxes Each jurisdiction shall have— (1) in the case of any election for Federal office prior to the regularly scheduled general election for Federal office held in November 2024, not less than 1 drop box for every 45,000 registered voters located in the jurisdiction; and (2) in the case of the regularly scheduled general election for Federal office held in November 2024 and each election for Federal office occurring thereafter, not less than the greater of— (A) 1 drop box for every 45,000 registered voters located in the jurisdiction; or (B) 1 drop box for every 15,000 votes that were cast by mail in the jurisdiction in the most recent general election that includes an election for the office of President. In no case shall a jurisdiction have less than 1 drop box for any election for Federal office. (e) Location of drop boxes The State shall determine the location of drop boxes provided under this section in a jurisdiction on the basis of criteria which ensure that the drop boxes are— (1) available to all voters on a non-discriminatory basis; (2) accessible to voters with disabilities (in accordance with subsection (c)); (3) accessible by public transportation to the greatest extent possible; (4) available during all hours of the day; (5) sufficiently available in all communities in the jurisdiction, including rural communities and on Tribal lands within the jurisdiction (subject to subsection (f)); and (6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. (f) Rules for drop boxes on Tribal lands In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a jurisdiction, the appropriate State and local election officials shall— (1) consult with Tribal leaders prior to making the determination; and (2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation. (g) Timing of scanning and processing of ballots For purposes of section 311(g) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as a ballot cast by mail. (h) Posting of information On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. (i) Remote surveillance Nothing in this section shall prohibit a State from providing for the security of drop boxes through remote or electronic surveillance. (j) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(c), section 1302(a), and section 1303(b), is amended— (1) by redesignating the items relating to sections 314 and 315 as relating to sections 315 and 316, respectively; and (2) by inserting after the item relating to section 313 the following new item: Sec. 314. Use of secured drop boxes for voted absentee ballots. . E Absent Uniformed Services Voters and Overseas Voters 1401. Pre-election reports on availability and transmission of absentee ballots Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(c) ) is amended to read as follows: (c) Reports on Availability, transmission, and receipt of absentee ballots (1) Pre-election report on absentee ballot availability Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 46 days before the election. The report shall be in a form prescribed by the Attorney General and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. (2) Pre-election report on absentee ballots transmitted (A) In general Not later than 43 days before any election for Federal office held in a State, the chief State election official of such State shall submit a report containing the information in subparagraph (B) to the Attorney General. (B) Information reported The report under subparagraph (A) shall consist of the following: (i) The total number of absentee ballots validly requested by absent uniformed services voters and overseas voters whose requests were received by the 47th day before the election by each unit of local government within the State that will transmit absentee ballots. (ii) The total number of ballots transmitted to such voters by the 46th day before the election by each unit of local government within the State that will administer the election. (iii) Specific information about any late transmitted ballots. (C) Requirement to supplement incomplete information If the report under subparagraph (A) has incomplete information on any items required to be included in the report, the chief State election official shall make all reasonable efforts to expeditiously supplement the report with complete information. (D) Format The report under subparagraph (A) shall be in a format prescribed by the Attorney General in consultation with the chief State election officials of each State. (3) Post-election report on number of absentee ballots transmitted and received Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Election Assistance Commission on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day. . 1402. Enforcement (a) Availability of civil penalties and private rights of action Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20307 ) is amended to read as follows: 105. Enforcement (a) Action by Attorney General The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (b) Private right of action A person who is aggrieved by a violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. (c) State as only necessary defendant In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section. . (b) Effective date The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. 1403. Transmission requirements; repeal of waiver provision (a) In general Paragraph (8) of section 102(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended to read as follows: (8) transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter by the date and in the manner determined under subsection (g); . (b) Ballot transmission requirements and repeal of waiver provision Subsection (g) of section 102 of such Act ( 52 U.S.C. 20302(g) ) is amended to read as follows: (g) Ballot transmission requirements (1) In general For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received at least 47 days before an election for Federal office, the following rules shall apply: (A) Transmission deadline The State shall transmit the absentee ballot not later than 46 days before the election. (B) Special rules in case of failure to transmit on time (i) In general If the State fails to transmit any absentee ballot by the 46th day before the election as required by subparagraph (A) and the absent uniformed services voter or overseas voter did not request electronic ballot transmission pursuant to subsection (f), the State shall transmit such ballot by express delivery. (ii) Extended failure If the State fails to transmit any absentee ballot by the 41st day before the election, in addition to transmitting the ballot as provided in clause (i), the State shall— (I) in the case of absentee ballots requested by absent uniformed services voters with respect to regularly scheduled general elections, notify such voters of the procedures established under section 103A for the collection and delivery of marked absentee ballots; and (II) in any other case, provide for the return of such ballot by express delivery. (iii) Cost of express delivery In any case in which express delivery is required under this subparagraph, the cost of such express delivery— (I) shall not be paid by the voter; and (II) if determined appropriate by the chief State election official, may be required by the State to be paid by a local jurisdiction. (iv) Exception Clause (ii)(II) shall not apply when an absent uniformed services voter or overseas voter indicates the preference to return the late sent absentee ballot by electronic transmission in a State that permits return of an absentee ballot by electronic transmission. (v) Enforcement A State’s compliance with this subparagraph does not bar the Attorney General from seeking additional remedies necessary to fully resolve or prevent ongoing, future, or systematic violations of this provision or to effectuate the purposes of this Act. (C) Special procedure in event of disaster If a disaster (hurricane, tornado, earthquake, storm, volcanic eruption, landslide, fire, flood, or explosion), or an act of terrorism prevents the State from transmitting any absentee ballot by the 46th day before the election as required by subparagraph (A), the chief State election official shall notify the Attorney General as soon as practicable and take all actions necessary, including seeking any necessary judicial relief, to ensure that affected absent uniformed services voters and overseas voters are provided a reasonable opportunity to receive and return their absentee ballots in time to be counted. (2) Requests received after 47th day before election For purposes of subsection (a)(8), in the case in which a valid request for an absentee ballot is received less than 47 days but not less than 30 days before an election for Federal office, the State shall transmit the absentee ballot within one business day of receipt of the request. . 1404. Use of single absentee ballot application for subsequent elections (a) In general Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20306 ) is amended to read as follows: 104. Treatment of ballot requests (a) In general If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the end of the calendar year following the next regularly scheduled general election for Federal office, the State shall provide an absentee ballot to the voter for each such subsequent election. (b) Exception for voters changing registration Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. (c) Prohibition of refusal of application on grounds of early submission A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens. . (b) Requirement for revision to postcard form (1) In general The Presidential designee shall ensure that the official postcard form prescribed under section 101(b)(2) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(b)(2) ) enables a voter using the form to— (A) request an absentee ballot for each election for Federal office held in a State through the end of the calendar year following the next regularly scheduled general election for Federal office; or (B) request an absentee ballot for a specific election or elections for Federal office held in a State during the period described in subparagraph (A). (2) Presidential designee For purposes of this paragraph, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ). (c) Effective date The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. 1405. Extending guarantee of residency for voting purposes to family members of absent military personnel Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ), as amended by section 1302, is amended by adding at the end the following new subsection: (i) Guarantee of residency for spouses and dependents of absent members of uniformed service For the purposes of voting in any election for any Federal office or any State or local office, a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph (A) or (B) of section 107(1) shall not, solely by reason of that individual’s absence and without regard to whether or not such spouse or dependent is accompanying that individual— (1) be deemed to have lost a residence or domicile in that State, without regard to whether or not that individual intends to return to that State; (2) be deemed to have acquired a residence or domicile in any other State; or (3) be deemed to have become a resident in or a resident of any other State. . 1406. Technical clarifications to conform to Military and Overseas Voter Empowerment Act amendments related to the federal write-in absentee ballot (a) In general Section 102(a)(3) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a)(3) ) is amended by striking general elections and inserting general, special, primary, and runoff elections . (b) Conforming amendment Section 103 of such Act ( 52 U.S.C. 20303 ) is amended— (1) in subsection (b)(2)(B), by striking general ; and (2) in the heading thereof, by striking general . 1407. Treatment of post card registration requests Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 ), as amended by sections 1302 and 1405, is amended by adding at the end the following new subsection: (j) Treatment of post card registrations A State shall not remove any absent uniformed services voter or overseas voter who has registered to vote using the official post card form (prescribed under section 101) from the official list of registered voters except in accordance with subparagraph (A), (B), or (C) of section 8(a)(3) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507 ). . 1408. Presidential designee report on voter disenfranchisement (a) In general Not later than 1 year of enactment of this Act, the Presidential designee shall submit to Congress a report on the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote, how quickly their votes are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in elections for Federal elections. (b) Presidential designee For purposes of this section, the term Presidential designee means the individual designated under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301(a) ). 1409. Effective date Except as provided in section 1402(b) and section 1404(c), the amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2022. F Enhancement of Enforcement 1501. Enhancement of enforcement of Help America Vote Act of 2002 (a) Complaints; availability of private right of action Section 401 of the Help America Vote Act of 2002 ( 52 U.S.C. 21111 ) is amended— (1) by striking The Attorney General and inserting (a) In General.— The Attorney General ; and (2) by adding at the end the following new subsections: (b) Filing of Complaints by Aggrieved Persons A person who is aggrieved by a violation of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action Any person who is authorized to file a complaint under subsection (b) (including any individual who seeks to enforce the individual’s right to a voter-verifiable paper ballot, the right to have the voter-verifiable paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. (d) No effect on State procedures Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection. . (b) Effective date The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2022 or any succeeding year. G Promoting Voter Access Through Election Administration Modernization Improvements 1 Promoting Voter Access 1601. Minimum notification requirements for voters affected by polling place changes (a) Requirements Section 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Minimum notification requirements for voters affected by polling place changes (1) Requirement for precinct-based polling (A) In general If an applicable individual has been assigned to a polling place that is different than the polling place that such individual was assigned with respect to the most recent past election for Federal office in which the individual was eligible to vote— (i) the appropriate election official shall, not later than 2 days before the beginning of an early voting period— (I) notify the individual of the location of the polling place not later than 2 days before the beginning of an early voting period; and (II) post a general notice on the website of the State or jurisdiction, on social media platforms (if available), and on signs a the prior polling place; and (ii) if such assignment is made after the date which is 2 days before the beginning of an early voting period and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the jurisdiction shall make every reasonable effort to enable the individual to vote a ballot on the date of the election without the use of a provisional ballot. (B) Applicable individual For purposes of subparagraph (A), the term applicable individual means, with respect to any election for Federal office, any individual— (i) who is registered to vote in a jurisdiction for such election and was registered to vote in such jurisdiction for the most recent past election for Federal office; and (ii) whose voter registration address has not changed since such most recent past election for Federal office. (C) Methods of notification The appropriate election official shall notify an individual under clause (i)(I) of subparagraph (A) by mail, telephone, and (if available) text message and electronic mail. (2) Requirements for vote centers In the case of a jurisdiction in which individual are not assigned to specific polling places, not later than 2 days before the beginning of an early voting period, the appropriate election official shall notify each voter eligible to vote in such jurisdiction of the location of all polling places at which the individual may vote. (3) Notice with respect to closed polling places (A) In general If a location which served as a polling place for an election for Federal office in a State does not serve as a polling place in the next election for Federal office held in the State, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: (i) A statement that the location is not serving as a polling place in the election. (ii) The locations serving as polling places in the election in the jurisdiction involved. (iii) The name and address of any substitute polling place serving the same precinct and directions from the former polling place to the new polling place. (iv) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. (B) Internet posting Each State which is required to post signs under subparagraph (A) shall also provide such information through a website and through social media (if available). (4) Linguistic preference The notices required under this subsection shall comply with the requirements of section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (5) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. . (b) Conforming amendment Section 302(e) of such Act ( 52 U.S.C. 21082(e) ), as redesignated by subsection (a), is amended by striking Each State and inserting Except as provided in subsection (d)(4), each State . 1602. Accommodations for voters residing in Indian lands (a) Accommodations Described (1) Designation of ballot pickup and collection locations Given the widespread lack of residential mail delivery in Indian Country, an Indian Tribe may designate buildings as ballot pickup and collection locations with respect to an election for Federal office at no cost to the Indian Tribe. An Indian Tribe may designate one building per precinct located within Indian lands. The applicable State or political subdivision shall collect ballots from those locations. The applicable State or political subdivision shall provide the Indian Tribe with accurate precinct maps for all precincts located within Indian lands 60 days before the election. (2) Provision of mail-in and absentee ballots The State or political subdivision shall provide mail-in and absentee ballots with respect to an election for Federal office to each individual who is registered to vote in the election who resides on Indian lands in the State or political subdivision involved without requiring a residential address or a mail-in or absentee ballot request. (3) Use of designated building as residential and mailing address The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. If there is no tribally designated building within a voter’s precinct, the voter may use another tribally designated building within the Indian lands where the voter is located. Voters using a tribally designated building outside of the voter’s precinct may use the tribally designated building as a mailing address and may separately designate the voter’s appropriate precinct through a description of the voter’s address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations. (4) Language accessibility In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ), that State or political subdivision shall provide absentee or mail-in voting materials with respect to an election for Federal office in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ), as amended by subsection (b). (5) Clarification Nothing in this section alters the ability of an individual voter residing on Indian lands to request a ballot in a manner available to all other voters in the State. (6) Definitions In this section: (A) Election for Federal office The term election for Federal office means a general, special, primary or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (B) Indian The term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (C) Indian lands The term Indian lands includes— (i) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (ii) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian Tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act ( 43 U.S.C. 1602 )); (iii) any land on which the seat of the Tribal Government is located; and (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (D) Indian tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (E) Tribal government The term Tribal Government means the recognized governing body of an Indian Tribe. (7) Enforcement (A) Attorney general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subsection. (B) Private right of action (i) A person or Tribal Government who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. (ii) An aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this subsection, if— (I) that person or Tribal Government provides the notice described in clause (i); and (II) (aa) in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i); or (bb) in the case of a violation that occurs 120 days or less before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i). (iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). (b) Bilingual election requirements Section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ) is amended— (1) in subsection (b)(3)(C), by striking 1990 and inserting 2010 ; and (2) by striking subsection (c) and inserting the following: (c) Provision of voting materials in the language of a minority group (1) In General Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. (2) Exceptions (A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall be required only to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. (B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall be required only to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language. (3) Written translations for election workers Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform. . (c) Effective date This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. 1603. Applicability to Commonwealth of the Northern Mariana Islands Paragraphs (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310 ) are each amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands . 1604. Elimination of 14-day time period between general election and runoff election for Federal elections in the Virgin Islands and Guam Section 2 of the Act entitled An Act to provide that the unincorporated territories of Guam and the Virgin Islands shall each be represented in Congress by a Delegate to the House of Representatives , approved April 10, 1972 ( 48 U.S.C. 1712 ), is amended— (1) by striking (a) The Delegate and inserting The Delegate ; (2) by striking on the fourteenth day following such an election in the fourth sentence of subsection (a); and (3) by striking subsection (b). 1605. Application of Federal election administration laws to territories of the United States (a) National Voter Registration Act of 1993 Section 3(4) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20502(4) ) is amended by striking States and the District of Columbia and inserting States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands . (b) Help America Vote Act of 2002 (1) Coverage of Commonwealth of the Northern Mariana Islands Section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ) is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands . (2) Conforming amendments to Help America Vote Act of 2002 Such Act is further amended as follows: (A) The second sentence of section 213(a)(2) ( 52 U.S.C. 20943(a)(2) ) is amended by striking and American Samoa and inserting American Samoa, and the Commonwealth of the Northern Mariana Islands . (B) Section 252(c)(2) ( 52 U.S.C. 21002(c)(2) ) is amended by striking or the United States Virgin Islands and inserting the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands . (3) Conforming amendment relating to consultation of Help America Vote Foundation with local election officials Section 90102(c) of title 36, United States Code, is amended by striking and the United States Virgin Islands and inserting the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands . 1606. Application of Federal voter protection laws to territories of the United States (a) Intimidation of voters Section 594 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress . (b) Interference by government employees Section 595 of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress . (c) Voting by noncitizens Section 611(a) of title 18, United States Code, is amended by striking Delegate from the District of Columbia, or Resident Commissioner, and inserting or Delegate or Resident Commissioner to the Congress . 1607. Ensuring equitable and efficient operation of polling places (a) In general (1) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), and section 1305(a), is amended— (A) by redesignating sections 315 and 316 as sections 316 and 317, respectively; and (B) by inserting after section 314 the following new section: 315. Ensuring equitable and efficient operation of polling places (a) Preventing unreasonable waiting times for voters (1) In general Each State or jurisdiction shall take reasonable efforts to provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure— (A) a fair and equitable waiting time for all voters in the State or jurisdiction; and (B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. (2) Criteria In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State or jurisdiction shall take into account the following factors: (A) The voting age population. (B) Voter turnout in past elections. (C) The number of voters registered. (D) The number of voters who have registered since the most recent Federal election. (E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. (F) The needs and numbers of voters with disabilities and voters with limited English proficiency. (G) The type of voting systems used. (H) The length and complexity of initiatives, referenda, and other questions on the ballot. (I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. (3) Rule of construction Nothing in this subsection may be construed— (A) to authorize a State or jurisdiction to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place; or (B) to limit the use of mobile voting centers. (b) Limiting variations on number of hours of operation of polling places within a State (1) Limitation (A) In general Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. (B) Permitting variance on basis of population Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. (2) Exceptions for polling places with hours established by units of local government Paragraph (1) does not apply in the case of a polling place— (A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or (B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. (c) Effective date This section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection. . (2) Conforming amendments relating to issuance of voluntary guidance by Election Assistance Commission Section 321(b) of such Act ( 52 U.S.C. 21101(b) ), as redesignated and amended by section 1101(b) and as amended by sections, 1102, 1103, 1104, and 1201, is amended— (A) by striking and at the end of paragraph (4); (B) by redesignating paragraph (5) as paragraph (6); (C) in paragraph (6), as so redesignated, by striking paragraph (4) and inserting paragraph (4) or (5) ; and (D) by inserting after paragraph (4) the following new paragraph: (5) in the case of the recommendations with respect to section 315, 180 days after the date of the enactment of such section; and . (3) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), and section 1305(b), is amended— (A) by redesignating the items relating to sections 315 and 316 as relating to sections 316 and 317, respectively; and (B) by inserting after the item relating to section 314 the following new item: Sec. 315. Ensuring equitable and efficient operation of polling places. . (b) Study of methods to enforce fair and equitable waiting times (1) Study The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 315(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. (2) Report Not later than 18 months after the date of the enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1). 1608. Prohibiting States from restricting curbside voting (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1607(a)(1), is amended— (1) by redesignating sections 316 and 317 as sections 317 and 318, respectively; and (2) by inserting after section 315 the following new section: 316. Prohibiting States from restricting curbside voting (a) Prohibition A State may not— (1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or (2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. (b) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), and section 1607(a)(3), is amended— (1) by redesignating the items relating to sections 316 and 317 as relating to sections 317 and 318, respectively; and (2) by inserting after the item relating to section 315 the following new item: Sec. 316. Prohibiting States from restricting curbside voting. . 2 Improvements in Operation of Election Assistance Commission 1611. Reauthorization of Election Assistance Commission Section 210 of the Help America Vote Act of 2002 ( 52 U.S.C. 20930 ) is amended— (1) by striking for each of the fiscal years 2003 through 2005 and inserting for fiscal year 2021 and each succeeding fiscal year ; and (2) by striking (but not to exceed $10,000,000 for each such year) . 1612. Recommendations to improve operations of Election Assistance Commission (a) Assessment of information technology and cybersecurity Not later than December 31, 2021, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission’s information technology systems, including the cybersecurity of such systems. (b) Improvements to administrative complaint procedures (1) Review of procedures The Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 ( 52 U.S.C. 21112 ) for the investigation and resolution of allegations of violations of title III of such Act. (2) Recommendations to streamline procedures Not later than December 31, 2021, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review. 1613. Repeal of exemption of Election Assistance Commission from certain government contracting requirements (a) In general Section 205 of the Help America Vote Act of 2002 ( 52 U.S.C. 20925 ) is amended by striking subsection (e). (b) Effective date The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. 3 Miscellaneous Provisions 1621. Definition of election for Federal office (a) Definition Title IX of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 et seq. ) is amended by adding at the end the following new section: 907. Election for Federal office defined For purposes of titles I through III, the term election for Federal office means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. . (b) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: Sec. 907. Election for Federal office defined. . 1622. No effect on other laws (a) In general Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq. ). (3) The Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. ). (4) The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ). (5) The Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (6) The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ). (b) No effect on preclearance or other requirements under Voting Rights Act The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 ( 52 U.S.C. 10304 ) or any other requirements of such Act. (c) No effect on authority of States To provide greater opportunities for voting Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. 1623. Clarification of exemption for States without voter registration To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. 1624. Clarification of exemption for States which do not collect telephone information (a) Amendment to Help America Vote Act of 2002 Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(1), and section 1608(a), is amended— (1) by redesignating sections 317 and 318 as sections 318 and 319, respectively; and (2) by inserting after section 316 the following new section: 317. Application of certain provisions to States which do not collect telephone information (a) In general To the extent that any provision of this title imposes a requirement on a State or jurisdiction relating to contacting voters by telephone, such provision shall not apply in the case of any State which continuously on and after the date of the enactment of this Act, does not collect telephone numbers for voters as part of voter registration in the State with respect to an election for Federal office. (b) Exception Subsection (a) shall not apply in any case in which the voter has voluntarily provided telephone information. . (b) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(3), and section 1608(b), is amended— (1) by redesignating the items relating to sections 317 and 318 as relating to sections 318 and 319, respectively; and (2) by inserting after the item relating to section 316 the following new item: Sec. 317. Application of certain provisions to States which do not collect telephone information. . H Democracy Restoration 1701. Short title This subtitle may be cited as the Democracy Restoration Act of 2021 . 1702. Findings Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the United States Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections— (A) the lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives; (B) laws governing the restoration of voting rights after a criminal conviction vary throughout the country and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently; and (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) State disenfranchisement laws vary widely. Two States (Maine and Vermont) and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all. In 2020, the District of Columbia re-enfranchised its citizens who are under the supervision of the Federal Bureau of Prisons. Twenty-eight states disenfranchise certain individuals on felony probation or parole. In 11 States, a conviction for certain offenses can result in lifetime disenfranchisement. (6) Several States deny the right to vote to individuals convicted of certain misdemeanors. (7) In 2020, an estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, could not vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting then, only 24 percent were in prison. By contrast, 75 percent of persons disenfranchised then resided in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who had completed their sentences were disenfranchised due to restrictive State laws. As of November 2018, the lifetime ban for persons with certain felony convictions was eliminated through a Florida ballot initiative. As a result, as many as 1,400,000 people are now eligible to have their voting rights restored. In 4 States—Alabama, Florida, Mississippi, and Tennessee—more than 7 percent of the total population is disenfranchised. (8) In those States that disenfranchise individuals post-sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals sometimes must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (9) Many felony disenfranchisement laws today derive directly from post-Civil War efforts to stifle the Fourteenth and Fifteenth Amendments. Between 1865 and 1880, at least 14 states—Alabama, Arkansas, Colorado, Florida, Georgia, Illinois, Mississippi, Missouri, Nebraska, New York, North Carolina, South Carolina, Tennessee, and Texas—enacted or expanded their felony disenfranchisement laws. One of the primary goals of these laws was to prevent African Americans from voting. Of the states that enacted or expanded their felony disenfranchisement laws during this post-Civil War period, at least 11 continue to preclude persons on felony probation or parole from voting. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. In recent years, African Americans have been imprisoned at over 5 times the rate of Whites. More than 6 percent of the voting-age African-American population, or 1,800,000 African Americans, are disenfranchised due to a felony conviction. In 9 States—Alabama (16 percent), Arizona (13 percent), Florida (15 percent), Kentucky (15 percent), Mississippi (16 percent), South Dakota (14 percent), Tennessee (21 percent), Virginia (16 percent), and Wyoming (36 percent)—more than 1 in 8 African Americans are unable to vote because of a felony conviction, twice the national average for African Americans. (11) Latino citizens are also disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent; Wyoming, 4 percent), twice the national average for Latinos. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. Models of successful re-entry for persons convicted of a crime emphasize the importance of community ties, feeling vested and integrated, and prosocial attitudes. Individuals with criminal convictions who succeed in avoiding recidivism are typically more likely to see themselves as law-abiding members of the community. Restoration of voting rights builds those qualities and facilitates reintegration into the community. That is why allowing citizens with criminal convictions who are living in a community to vote is correlated with a lower likelihood of recidivism. Restoration of voting rights thus reduces violence and protects public safety. (14) The United States is one of the only Western democracies that permits the permanent denial of voting rights for individuals with felony convictions. (15) The Eighth Amendment’s prohibition on cruel and unusual punishments guarantees individuals the right not to be subjected to excessive sanctions. ( Roper v. Simmons , 543 U.S. 551, 560 (2005)). That right stems from the basic precept of justice that punishment for crime should be graduated and proportioned to [the] offense. Id. (quoting Weems v. United States , 217 U.S. 349, 367 (1910)). As the Supreme Court has long recognized, [t]he concept of proportionality is central to the Eighth Amendment. ( Graham v. Florida , 560 U.S. 48, 59 (2010)). Many State disenfranchisement laws are grossly disproportional to the offenses that lead to disenfranchisement and thus violate the bar on cruel and unusual punishments. For example, a number of states mandate lifetime disenfranchisement for a single felony conviction or just two felony convictions, even where the convictions were for non-violent offenses. In numerous other States, disenfranchisement can last years or even decades while individuals remain on probation or parole, often only because a person cannot pay their legal financial obligations. These kinds of extreme voting bans run afoul of the Eighth Amendment. (16) The Twenty-Fourth Amendment provides that the right to vote shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. . Section 2 of the Twenty-Fourth Amendment gives Congress the power to enforce this article by appropriate legislation. Court fines and fees that individuals must pay to have their voting rights restored constitute an other tax for purposes of the Twenty-Fourth Amendment. At least five States explicitly require the payment of fines and fees before individuals with felony convictions can have their voting rights restored. More than 20 other states effectively tie the right to vote to the payment of fines and fees, by requiring that individuals complete their probation or parole before their rights are restored. In these States, the non-payment of fines and fees is a basis on which probation or parole can be extended. Moreover, these states sometimes do not record the basis on which an individual’s probation or parole was extended, making it impossible to determine from the State’s records whether non-payment of fines and fees is the reason that an individual remains on probation or parole. For these reasons, the only way to ensure that States do not deny the right to vote based solely on non-payment of fines and fees is to prevent States from conditioning voting rights on the completion of probation or parole. 1703. Rights of citizens The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. 1704. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. (b) Private right of action (1) In general A person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 1705. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall— (A) notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual— (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 ; and (ii) may register to vote in any such election; and (B) provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal notification (1) Notification Any individual who has been convicted of a criminal offense under Federal law— (A) shall be notified in accordance with paragraph (2) that such individual— (i) has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 ; and (ii) may register to vote in any such election; and (B) shall be provided with any materials that are necessary to register to vote in any such election. (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given— (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. 1706. Definitions For purposes of this subtitle: (1) Correctional institution or facility The term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election The term election means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation The term probation means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning— (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. 1707. Relation to other laws (a) State laws relating to voting rights Nothing in this subtitle may be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this subtitle. (b) Certain Federal Acts The rights and remedies established by this subtitle— (1) are in addition to all other rights and remedies provided by law, and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) or the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ). 1708. Federal prison funds No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 1703. 1709. Effective date This subtitle shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. I Voter Identification and Allowable Alternatives 1801. Requirements for voter identification (a) Requirement to provide identification as condition of receiving ballot Section 303 of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 ) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Voter Identification requirements (1) Voter identification requirement defined For purposes of this subsection: (A) In general The term voter identification requirement means any requirement that an individual desiring to vote in person in an election for Federal office present identification as a requirement to receive or cast a ballot in person in such election. (B) Exception Such term does not include any requirement described in subsection (b)(2)(A) as applied with respect to an individual described in subsection (b)(1). (2) In general If a State or local jurisdiction has a voter identification requirement, the State or local jurisdiction— (A) shall treat any applicable identifying document as meeting such voter identification requirement; (B) notwithstanding the failure to present an applicable identifying document, shall treat an individual desiring to vote in person in an election for Federal office as meeting such voter identification requirement if— (i) the individual presents the appropriate State or local election official with a sworn written statement, signed in the presence of the official by an adult who has known the individual for at least six months under penalty of perjury, attesting to the individual’s identity; (ii) the official has known the individual for at least six months; or (iii) in the case of a residents of a State-licensed care facility, an employee of the facility confirms the individual’s identity; and (C) shall permit any individual desiring to vote in an election for Federal office who does not present an applicable identifying document required under subparagraph (A) or qualify for an exception under subparagraph (B) to cast a provisional ballot with respect to the election under section 302(a) in accordance with paragraph (3). (3) Rules for provisional ballot (A) In general A individual may cast a provisional ballot pursuant to paragraph (2)(C) so long as the individual presents the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual’s identity. (B) Prohibition on other requirements Except as otherwise provided this paragraph, a State or local jurisdiction may not impose any other additional requirement or condition with respect to the casting of a provisional ballot by an individuals described in paragraph (2)(C). (C) Counting of provisional ballot In the case of a provisional ballot cast pursuant to paragraph (2)(C), the appropriate State or local election official shall not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless— (i) the official determines that the signature on such statement matches the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; or (ii) not later than 10 days after casting the provisional ballot, the individual presents an applicable identifying document, either in person or by electronic methods, to the official and the official confirms the individual is the person identified on the applicable identifying document. (D) Notice and opportunity to cure discrepancy in signatures or other defects on provisional ballots (i) Notice and opportunity to cure discrepancy in signatures If an individual casts a provisional ballot under this paragraph and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— (I) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (aa) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters; and (bb) if such discrepancy is not cured prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (II) cure such discrepancy and count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. (ii) Notice and opportunity to cure other defects If an individual casts a provisional ballot under this paragraph with a defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— (I) as soon as practical, but no later than the next business day after such determination is made, make a good faith effort to notify the individual by mail, telephone, and (if available) text message and electronic mail that— (aa) the ballot has some defect; and (bb) if the individual does not cure the other defect prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, such ballot will not be counted; and (II) count the ballot if, prior to the expiration of the third day following the State's deadline for receiving mail-in ballots or absentee ballots, the individual cures the defect. (E) No exemption Notwithstanding section 302(a), States described in section 4(b) of the National Voter Registration Act of 1993 shall be required to meet the requirements of paragraph (2)(C). (F) Rule of construction (i) In general Nothing in paragraph (2)(C) or this paragraph shall be construed to prevent a State from permitting an individual who provides a sworn statement described in subparagraph (A) to cast a regular ballot in lieu of a provisional ballot. (ii) Regular ballot For purpose of this subparagraph, the term regular ballot means a ballot which is cast and counted in same manner as ballots cast by individuals meeting the voter identification requirement (and all other applicable requirements with respect to voting in the election). (4) Development and use of pre-printed version of statement by commission (A) In general The Commission shall develop pre-printed versions of the statements described in paragraphs (2)(B)(i) and (3)(A) which include appropriate blank spaces for the provision of names and signatures. (B) Providing pre-printed copy of statement Each State and jurisdiction that has a voter identification requirement shall make copies of the pre-printed version of the statement developed under subparagraph (A) available at polling places for use by individuals voting in person. (5) Required provision of identifying documents (A) In general Each State and jurisdiction that has a voter identification requirement shall— (i) for each individual who, on or after the applicable date, is registered to vote in such State or jurisdiction in elections for Federal office, provide the individual with a government-issued identification that meets the requirements of this subsection without charge; (ii) for each individual who, before the applicable date, was registered to vote in such State or jurisdiction in elections for Federal office but does not otherwise possess an identifying document, provide the individual with a government-issued identification that meets the requirements of this subsection without charge, so long as the State provides the individual with reasonable opportunities to obtain such identification prior to the date of the election; and (iii) for each individual who is provided with an identification under clause (i) or clause (ii), provide the individual with such assistance without charge upon request as may be necessary to enable the individual to obtain and process any documentation necessary to obtain the identification. (B) Applicable date For purposes of this paragraph, the term applicable date means the later of— (i) January 1, 2022, or (ii) the first date after the date of the enactment of this subsection for which the State or local jurisdiction has in effect a voter identification requirement. (6) Applicable identifying document For purposes of this subsection— (A) In general The term applicable identifying document means, with respect to any individual, any document issued to such individual containing the individual's name. (B) Included documents The term applicable identifying document shall include any of the following (so long as that document has not expired or, if expired, expired no earlier than four years before the date of presentation): (i) A driver’s license or an identification card issued by a State, the Federal Government, or a State or federally recognized Tribal government. (ii) A State-issued identification described in paragraph (4). (iii) A United States passport or passport card. (iv) A employee identification card issued by— (I) any branch, department, agency, or entity of the United States Government or of any State, (II) any State or federally recognized Tribal government, or (III) any county, municipality, board, authority, or other political subdivision of a State. (v) A student identification card issued by an institution of higher education, or a high school identification card issued by a State-accredited high school. (vi) A military identification card issued by the United States. (vii) A gun license or concealed carry permit. (viii) A Medicare card or Social Security card. (ix) A birth certificate. (x) A voter registration card. (xi) A hunting or fishing license issued by a State. (xii) A identification card issued to the individual by the Supplemental Nutrition Assistance (SNAP) program. (xiii) A identification card issued to the individual by the Temporary Assistance for Needy Families (TANF) program. (xiv) A identification card issued to the individual by Medicaid. (xv) A bank card or debit card. (xvi) A utility bill issued within six months of the date of the election. (xvii) A lease or mortgage document issued within six months of the date of the election. (xviii) A bank statement issued within six months of the date of the election. (xix) A health insurance card issued to the voter. (xx) Any other document containing the individual’s name issued by— (I) any branch, department, agency, or entity of the United States Government or of any State; (II) any State or federally recognized tribal government; or (III) any county, municipality, board, authority, or other political subdivision of a State. (C) Copies and electronic documents accepted The term applicable identifying document includes— (i) any copy of a document described in subparagraph (A) or (B); and (ii) any document described in subparagraph (A) or (B) which is presented in electronic format. . (b) Payments to States to cover costs of required identification documents (1) In general The Election Assistance Commission shall make payments to States to cover the costs incurred in providing identifications under section 303(c)(5) of the Help America Vote Act of 2002, as amended by this section. (2) Amount of payment The amount of the payment made to a State under this subsection for any year shall be equal to the amount of fees which would have been collected by the State during the year in providing the identifications required under section 303(c)(5) of such Act if the State had charged the usual and customary rates for such identifications, as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. (3) Authorization of appropriations There are authorized to be appropriated for payments under this subsection an aggregate amount of $5,000,000 for fiscal year 2022 and each of the 4 succeeding fiscal years. (c) Conforming amendments Section 303(b)(2)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(2)(A) ) is amended— (1) in clause (i), by striking in person and all that follows and inserting in person, presents to the appropriate State or local election official an applicable identifying document (as defined in subsection (c)(6)); or ; and (2) in clause (ii), by striking by mail and all that follows and inserting by mail, submits with the ballot an applicable identifying document (as so defined). . (d) Effective date Section 303(e) of such Act ( 52 U.S.C. 21083(d)(2) ), as redesignated by subsection (a), is amended by adding at the end the following new paragraph: (3) Voter identification requirements Each State and jurisdiction shall be required to comply with the requirements of subsection (c) with respect to elections for Federal office held on or after January 1, 2022. . J Voter List Maintenance Procedures 1 Voter Caging Prohibited 1901. Voter caging prohibited (a) Definitions In this section— (1) the term voter caging document means— (A) a non-forwardable document sent by any person other than a State or local election official that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or (B) any document sent by any person other than a State or local election official with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant; (2) the term voter caging list means a list of individuals compiled from voter caging documents; and (3) the term unverified match list means any list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar’s jurisdiction, by virtue of death, conviction, change of address, or otherwise, unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. (b) Prohibition against voter caging No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of— (1) a voter caging document or voter caging list; (2) an unverified match list; (3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004(a)(2)(B) of the Revised Statutes ( 52 U.S.C. 10101(a)(2)(B) ); or (4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote. (c) Enforcement (1) Civil enforcement (A) In general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section. (B) Private right of action (i) In general A person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (ii) Relief Except as provided in clause (iii), if the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (iii) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice under clause (i) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. (2) Criminal penalty Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. (d) No effect on related laws Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) or to affect the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). 2 Saving Eligible Voters From Voter Purging 1911. Conditions for removal of voters from list of registered voters (a) Conditions described The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 8 the following new section: 8A. Conditions for removal of voters from official list of registered voters (a) Verification on basis of objective and reliable evidence of ineligibility (1) Requiring verification Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. (2) Factors not considered as objective and reliable evidence of ineligibility For purposes of paragraph (1), except as permitted under section 8(d) after a notice described in paragraph (2) of such section has been sent, the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote: (A) The failure of the registrant to vote in any election. (B) The failure of the registrant to respond to any election mail, unless the election mail has been returned as undeliverable. (C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant. (3) Removal based on official records (A) In general Nothing in this section shall prohibit a State from removing a registrant from the official list of eligible voters in elections for Federal office if, on the basis of official records maintained by the State, a State or local election official knows, on the basis of objective and reliable evidence, that the registrant has— (i) died; or (ii) permanently moved out of the State and is no longer eligible to vote in the State. (B) Opportunity to demonstrate eligibility The State shall provide a voter removed from the official list of eligible voters in elections for Federal office under this paragraph an opportunity to demonstrate that the registrant is eligible to vote and be reinstated on the official list of eligible voters in elections for Federal office in the State. (b) Notice after removal (1) Notice to individual removed (A) In general Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters, the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. (B) Exceptions Subparagraph (A) does not apply in the case of a registrant— (i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar’s jurisdiction in which the registrant was registered; or (ii) who is removed from the official list of eligible voters by reason of the death of the registrant. (2) Public notice Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation and posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind. . (b) Conditions for transmission of notices of removal Section 8(d) of such Act ( 52 U.S.C. 20507(d) ) is amended by adding at the end the following new paragraph: (4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar’s jurisdiction in which the registrant is registered. . (c) Conforming amendments (1) National Voter Registration Act of 1993 Section 8(a) of such Act ( 52 U.S.C. 20507(a) ) is amended— (A) in paragraph (3), by striking provide and inserting subject to section 8A, provide ; and (B) in paragraph (4), by striking conduct and inserting subject to section 8A, conduct . (2) Help America Vote Act of 2002 Section 303(a)(4)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(a)(4)(A) ) is amended by striking registrants the second place it appears and inserting and subject to section 8A of such Act, registrants . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. K Severability 1921. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. B Election Integrity II Prohibiting Interference With Voter Registration 2001. Prohibiting hindering, interfering with, or preventing voter registration (a) In general Chapter 29 of title 18, United States Code, is amended by adding at the end the following new section: 612. Hindering, interfering with, or preventing registering to vote (a) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. (b) Attempt Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (c) Penalty Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both. . (b) Clerical amendment The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following new item: 612. Hindering, interfering with, or preventing registering to vote. . (c) Effective Date The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. 2002. Establishment of best practices (a) Best practices Not later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 2001), and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in voter information requirements Section 302(b)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21082(b)(2) ) is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20511 ) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions. . III Preventing Election Subversion A Restrictions on Removal of Election Administrators 3001. Restrictions on removal of local election administrators in administration of elections for Federal office (a) Findings Congress makes the following findings: (1) Congress has explicit and broad authority to regulate the time, place, and manner of Federal elections under the Elections Clause under article I, section 4, clause 1 of the Constitution, including by establishing standards for the fair, impartial, and uniform administration of Federal elections by State and local officials. (2) The Elections Clause was understood from the framing of the Constitution to contain “words of great latitude,” granting Congress broad power over Federal elections and a plenary right to preempt State regulation in this area. As made clear at the Constitutional Convention and the State ratification debates that followed, this grant of congressional authority was meant to “insure free and fair elections,” promote the uniform administration of Federal elections, and “preserve and restore to the people their equal and sacred rights of election.”. (3) In the founding debates on the Elections Clause, many delegates also argued that a broad grant of authority to Congress over Federal elections was necessary to check any “abuses that might be made of the discretionary power” to regulate the time, place, and manner of elections granted the States, including attempts at partisan entrenchment, malapportionment, and the exclusion of political minorities. As the Supreme Court has recognized, the Elections Clause empowers Congress to “protect the elections on which its existence depends,” Ex parte Yarbrough , 110 U.S. 651, 658 (1884), and “protect the citizen in the exercise of rights conferred by the Constitution of the United States essential to the healthy organization of the government itself,” id. at 666. (4) The Elections Clause grants Congress “plenary and paramount jurisdiction over the whole subject” of Federal elections, Ex parte Siebold , 100 U.S. 371, 388 (1879), allowing Congress to implement “a complete code for congressional elections.” Smiley v. Holm , 285 U.S. 355, 366 (1932). The Elections Clause, unlike, for example, the Commerce Clause, has been found to grant Congress the authority to compel States to alter their regulations as to Federal elections, id. at 366–67, even if these alterations would impose additional costs on the States to execute or enforce. Association of Community Organizations for Reform Now v. Miller , 129 F.3d 833 (6th Cir. 1997). (5) The phrase “manner of holding elections” in the Elections Clause has been interpreted by the Supreme Court to authorize Congress to regulate all aspects of the Federal election process, including “notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and the making and publication of election returns.” Smiley v. Holm , 285 U.S. 355, 366 (1932). (6) The Supreme Court has recognized the broad “substantive scope” of the Elections Clause and upheld Federal laws promulgated thereunder regulating redistricting, voter registration, campaign finance, primary elections, recounts, party affiliation rules, and balloting. (7) The authority of Congress under the Elections Clause also entails the power to ensure enforcement of its laws regulating Federal elections. “[I]f Congress has the power to make regulations, it must have the power to enforce them.” Ex parte Siebold , 100 U.S. 371, 387 (1879). The Supreme Court has noted that there can be no question that Congress may impose additional penalties for offenses committed by State officers in connection with Federal elections even if they differ from the penalties prescribed by State law for the same acts. Id. at 387–88. (8) The fair and impartial administration of Federal elections by State and local officials is central to “the successful working of this government,” Ex parte Yarbrough , 110 U.S. 651, 666 (1884), and to “protect the act of voting . . . and the election itself from corruption or fraud,” id. at 661–62. (9) The Elections Clause thus grants Congress the authority to ensure that the administration of Federal elections is free of political bias or discrimination and that election officials are insulated from political influence or other forms of coercion in discharging their duties in connection with Federal elections. (10) In some States, oversight of local election administrators has been allocated to State Election Boards, or special commissions formed by those boards, that are appointed by the prevailing political party in a State, as opposed to nonpartisan or elected office holders. (11) In certain newly enacted State policies, these appointed statewide election administrators have been granted wide latitude to suspend or remove local election administrators in cases where the statewide election administrators identify whatever the State deems to be a violation. There is no requirement that there be a finding of intent by the local election administrator to commit the violation. (12) Local election administrators across the country can be suspended or removed according to different standards, potentially exposing them to different political pressures or biases that could result in uneven administration of Federal elections. (13) The Elections Clause grants Congress the ultimate authority to ensure that oversight of State and local election administrators is fair and impartial in order to ensure equitable and uniform administration of Federal elections. (14) Congress has the authority to prevent politically motivated removals of local election officials pursuant to the First and Fourteenth Amendments. The Supreme Court has held that the First Amendment prohibits the removal of local government officials due to their party affiliation or political beliefs. Elrod v. Burns , 427 U.S. 347 (1976); Branti v. Finkel , 445 U.S. 507 (1980). [C]onditioning continued public employment on an employee’s having obtained support from a particular political party violates the First Amendment because of the coercion of belief that necessarily flows from the knowledge that one must have a sponsor in the dominant party in order to retain one's job, Rutan v. Republican Party of Illinois , 497 U.S. 62, 71 (1990), which is a particularly pernicious pressure in the fair and neutral administration of elections. Congress has the authority to enforce these First Amendment protections under section 5 of the Fourteenth Amendment. (b) Restriction (1) Standard for removal of a local election administrator A statewide election administrator may only suspend, remove, or relieve the duties of a local election administrator in the State with respect to the administration of an election for Federal office for gross negligence, neglect of duty, or malfeasance in office. (2) Private right of action (A) In general Any local election administrator suspended, removed, or otherwise relieved of duties in violation of paragraph (1) with respect to the administration of an election for Federal office or against whom any proceeding for suspension, removal, or relief from duty in violation of paragraph (1) with respect to the administration of an election for Federal office may be pending, may bring an action in an appropriate district court of the United States for declaratory or injunctive relief with respect to the violation. Any such action shall name as the defendant the statewide election administrator responsible for the adverse action. The district court shall, to the extent practicable, expedite any such proceeding. (B) Statute of limitations Any action brought under this subsection must be commenced not later than one year after the date of the suspension, removal, relief from duties, or commencement of the proceeding to remove, suspend, or relieve the duties of a local election administrator with respect to the administration of an election for Federal office. (3) Attorney’s fees In any action or proceeding under this subsection, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. The term prevailing plaintiff means a plaintiff that substantially prevails pursuant to a judicial or administrative judgment or order, or an enforceable written agreement. (4) Removal of State proceedings to Federal court A local election administrator who is subject to an administrative or judicial proceeding for suspension, removal, or relief from duty by a statewide election administrator with respect to the administration of an election for Federal office may remove the proceeding to an appropriate district court of the United States. Any order remanding a case to the State court or agency from which it was removed under this subsection shall be reviewable by appeal or otherwise. (5) Right of United States to intervene (A) Notice to Attorney General Whenever any administrative or judicial proceeding is brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office, the statewide election administrator who initiated such proceeding shall deliver a copy of the pleadings instituting the proceeding to the Assistant Attorney General for the Civil Rights Division of the Department of Justice. The local election administrator against whom such proceeding is brought may also deliver such pleadings to the Assistant Attorney General. (B) Right to intervene The United States may intervene in any administrative or judicial proceeding brought to suspend, remove, or relieve the duties of any local election administrator by a statewide election administrator with respect to the administration of an election for Federal office and in any action initiated pursuant to paragraph (2) or in any removal pursuant to paragraph (4). (6) Review In reviewing any action brought under this section, a court of the United States shall not afford any deference to any State official, administrator, or tribunal that initiated, approved, adjudicated, or reviewed any administrative or judicial proceeding to suspend, remove, or otherwise relieve the duties of a local election administrator. (7) Definitions In this section, the following definitions apply: (A) Election The term election has the meaning given the term in section 301(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(1) ). (B) Federal office The term Federal office has the meaning given the term in section 301(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(3) ). (C) Local election administrator The term local election administrator means, with respect to a local jurisdiction in a State, an individual or entity responsible for the administration of elections for Federal office in the local jurisdiction. (D) Statewide election administrator The term statewide election administrator means, with respect to a State— (i) the individual or entity, including a State elections board, responsible for the administration of elections for Federal office in the State on a statewide basis; or (ii) a legislative entity with the authority to suspend, remove, or relieve a local election administrator. (c) Rule of construction Nothing in this section shall be construed to grant any additional authority to remove a local elections administrator beyond any authority provided under the law of the State. B Increased Protections for Election Workers 3101. Harassment of election workers prohibited (a) In general Chapter 29 of title 18, United 6 States Code, as amended by section 2001(a), is amended by adding at the end the following new section: 613. Harassment of election related officials (a) Harassment of election workers It shall be unlawful for any person, whether acting under color of law or otherwise, to intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce an election worker described in subsection (b) with intent to impede, intimidate, or interfere with such official while engaged in the performance of official duties, or with intent to retaliate against such official on account of the performance of official duties. (b) Election worker described An election worker as described in this section is any individual who is an election official, poll worker, or an election volunteer in connection with an election for a Federal office. (c) Penalty Any person who violates subsection (a) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. . (b) Clerical amendment The table of sections for chapter 29 of title 18, United States Code, as amended by section 2001(b), is amended by adding at the end the following new item: 613. Harassment of election related officials. . 3102. Protection of election workers Paragraph (2) of section 119(b) of title 18, United States Code, is amended by striking or at the end of subparagraph (C), by inserting or at the end of subparagraph (D), and by adding at the end the following new subparagraph: (E) any individual who is an election official, a poll worker, or an election volunteer in connection with an election for a Federal office; . C Prohibiting Deceptive Practices and Preventing Voter Intimidation 3201. Short title This subtitle may be cited as the Deceptive Practices and Voter Intimidation Prevention Act of 2021 . 3202. Prohibition on deceptive practices in Federal elections (a) Prohibition Subsection (b) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) ) is amended— (1) by striking No person and inserting the following: (1) In general No person ; and (2) by inserting at the end the following new paragraphs: (2) False statements regarding Federal elections (A) Prohibition No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Information described Information is described in this subparagraph if such information is regarding— (i) the time, place, or manner of holding any election described in paragraph (5); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal, civil, or other legal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (3) False statements regarding public endorsements (A) Prohibition No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person— (i) knows such statement to be false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). (B) Definition of materially false For purposes of subparagraph (A), a statement about an endorsement is materially false if, with respect to an upcoming election described in paragraph (5)— (i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and (ii) such person, political party, or organization has not endorsed the election of such candidate. (4) Hindering, interfering with, or preventing voting or registering to vote No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. (5) Election described An election described in this paragraph is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession. . (b) Private right of action (1) In general Subsection (c) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(c) ) is amended— (A) by striking Whenever any person and inserting the following: (1) In general Whenever any person ; and (B) by adding at the end the following new paragraph: (2) Civil action Any person aggrieved by a violation of this section may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney’s fee as part of the costs. . (2) Conforming amendments Section 2004 of the Revised Statutes ( 52 U.S.C. 10101 ) is amended— (A) in subsection (e), by striking subsection (c) and inserting subsection (c)(1) ; and (B) in subsection (g), by striking subsection (c) and inserting subsection (c)(1) . (c) Criminal penalties (1) Deceptive acts Section 594 of title 18, United States Code, is amended— (A) by striking Whoever and inserting the following: (a) Intimidation Whoever ; (B) in subsection (a), as inserted by subparagraph (A), by striking at any election and inserting at any general, primary, runoff, or special election ; and (C) by adding at the end the following new subsections: (b) Deceptive acts (1) False statements regarding Federal elections (A) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person— (i) knows such information to be materially false; and (ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). (B) Information described Information is described in this subparagraph if such information is regarding— (i) the time or place of holding any election described in subsection (e); or (ii) the qualifications for or restrictions on voter eligibility for any such election, including— (I) any criminal, civil, or other legal penalties associated with voting in any such election; or (II) information regarding a voter's registration status or eligibility. (2) Penalty Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (c) Hindering, interfering with, or preventing voting or registering To vote (1) Prohibition It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e). (2) Penalty Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. (d) Attempt Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. (e) Election described An election described in this subsection is any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress. . (2) Modification of penalty for voter intimidation Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than $100,000, imprisoned for not more than 5 years . (3) Sentencing guidelines (A) Review and amendment Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting Subsection (c) of section 11 of the Voting Rights Act of 1965 ( 52 U.S.C. 10307 ) is amended by striking either for registration to vote or for voting and inserting for registration to vote, for voting, or for not voting . 3203. Corrective action (a) Corrective action (1) In general If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information Any information communicated by the Attorney General under paragraph (1)— (A) shall— (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written procedures and standards for taking corrective action (1) In general Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of appropriations There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle. 3204. Reports to Congress (a) In general Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(a), relating to the general election for Federal office and any primary, runoff, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents (1) In general Each report submitted under subsection (a) shall include— (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes ( 52 U.S.C. 10101(c)(2) ), as added by section 3202(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 3202(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information (A) In general The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report made public On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means. 3205. Private rights of action by election officials Subsection (c)(2) of section 2004 of the Revised Statutes ( 52 U.S.C. 10101(b) ), as added by section 3202(b), is amended— (1) by striking Any person and inserting the following: (A) In general Any person ; and (2) by adding at the end the following new subparagraph: (B) Intimidation, etc (i) In general A person aggrieved by a violation of subsection (b)(1) shall include, without limitation, an officer responsible for maintaining order and preventing intimidation, threats, or coercion in or around a location at which voters may cast their votes. . (ii) Corrective action If the Attorney General receives a credible report that conduct that violates or would be reasonably likely to violate subsection (b)(1) has occurred or is likely to occur, and if the Attorney General determines that State and local officials have not taken adequate steps to promptly communicate that such conduct would violate subsection (b)(1) or applicable State or local laws, Attorney General shall communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to convey the unlawfulness of proscribed conduct under subsection (b)(1) and the responsibilities of and resources available to State and local officials to prevent or correct such violations. . 3206. Making intimidation of tabulation, canvas, and certification efforts a crime Section 12(1) of the National Voter Registration Act ( 52 U.S.C. 20511 ) is amended— (1) in subparagraph (B), by striking or at the end; and (2) by adding at the end the following new subparagraph: (D) processing or scanning ballots, or tabulating, canvassing, or certifying voting results; or . D Protection of Election Records & Election Infrastructure 3301. Strengthen protections for Federal election records Section 301 of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 ) is amended— (1) by striking Every officer and inserting the following: (a) In general Every officer ; (2) by striking records and papers and inserting records (including electronic records), papers, and election equipment each place the term appears; (3) by striking record or paper and inserting record (including electronic record), paper, or election equipment ; (4) by inserting (but only under the direct administrative supervision of an election officer). Notwithstanding any other provision of this section, the paper record of a voter’s cast ballot shall remain the official record of the cast ballot for purposes of this title after upon such custodian ; (5) by inserting , or acts in reckless disregard of, after fails to comply with ; and (6) by inserting after subsection (a) the following: (b) Election equipment The requirement in subsection (a) to preserve election equipment shall not be construed to prevent the reuse of such equipment in any election that takes place within twenty-two months of a Federal election described in subsection (a), provided that all electronic records, files, and data from such equipment related to such Federal election are retained and preserved. (c) Guidance Not later than 1 year after the date of enactment of this subsection, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, in consultation with the Election Assistance Commission and the Attorney General, shall issue guidance regarding compliance with subsections (a) and (b), including minimum standards and best practices for retaining and preserving records and papers in compliance with subsection (a). Such guidance shall also include protocols for enabling the observation of the preservation, security, and transfer of records and papers described in subsection (a) by the Attorney General and by a representative of each party, as defined by the Attorney General. . 3302. Penalties; inspection; nondisclosure; jurisdiction (a) Expansion of scope of penalties for interference Section 302 of the Civil Rights Act of 1960 ( 52 U.S.C. 20702 ) is amended— (1) by inserting , or whose reckless disregard of section 301 results in the theft, destruction, concealment, mutilation, or alteration of, after or alters ; and (2) by striking record or paper and inserting record (including electronic record), paper, or election equipment . (b) Inspection, reproduction, and copying Section 303 of the Civil Rights Act of 1960 ( 52 U.S.C. 20703 ) is amended by striking record or paper and inserting record (including electronic record), paper, or election equipment each place the term appears. (c) Nondisclosure Section 304 of the Civil Rights Act of 1960 ( 52 U.S.C. 20704 ) is amended by striking record or paper and inserting record (including electronic record), paper, or election equipment . (d) Jurisdiction to compel production Section 305 of the Civil Rights Act of 1960 ( 52 U.S.C. 20705 ) is amended by striking record or paper and inserting record (including electronic record), paper, or election equipment each place the term appears. 3303. Judicial review to ensure compliance Title III of the Civil Rights Act of 1960 ( 52 U.S.C. 20701 et seq. ) is amended by adding at the end the following: 307. Judicial review to ensure compliance (a) Cause of action The Attorney General, a representative of the Attorney General, or a candidate in a Federal election described in section 301 may bring an action in the district court of the United States for the judicial district in which a record or paper is located, or in the United States District Court for the District of Columbia, to compel compliance with the requirements of section 301. (b) Duty to expedite It shall be the duty of the court to advance on the docket, and to expedite to the greatest possible extent the disposition of, the action and any appeal under this section. . E Judicial Protection of the Right to Vote and Non-partisan Vote Tabulation 3401. Undue burdens on the ability to vote in elections for federal office prohibited (a) In general Every citizen of legal voting age shall have the right to vote in elections for Federal office. (b) Retrogression A government may not diminish the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the diminishment is the least restrictive means of significantly furthering an important, particularized government interest. (c) Substantial impairment A government may not substantially impair the ability to vote in an election for Federal office unless the law, rule, standard, practice, procedure, or other governmental action causing the impairment significantly furthers an important, particularized governmental interest. 3402. Judicial review (a) Civil action An action challenging a violation of the rights created by this subtitle may be brought in the district court for the District of Columbia, or the district court for the district in which the violation took place or where any defendant resides or does business, at the selection of the plaintiff, to obtain all appropriate relief, whether declaratory or injunctive, or facial or as-applied. Process may be served in any district where a defendant resides, does business, or may be found. (b) Standards to be applied In a civil action under this section, the following shall apply: (1) Retrogression (A) A plaintiff establishes a prima facie case of retrogression under section 4401(b) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action diminishes the ability, or otherwise makes it more difficult, to vote. (B) Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the diminishment is necessary to significantly further an important, particularized governmental interest. (C) If the government meets its burden under subparagraph (B), the challenged rule, standard, practice, procedure, or other governmental action shall nonetheless be deemed invalid if the plaintiff demonstrates by a preponderance of the evidence that the government could adopt or implement a less-restrictive means of furthering the particular important governmental interest. (2) Substantial Impairment (A) A plaintiff establishes a prima facie case of substantial impairment under section 4401(c) by demonstrating by a preponderance of the evidence that a rule, standard, practice, procedure, or other governmental action substantially impairs the ability, or makes it substantially difficult, to vote. (B) Once a plaintiff establishes a prima facie case as described in subparagraph (A), the government shall be provided an opportunity to demonstrate by clear and convincing evidence that the impairment significantly furthers an important, particularized governmental interest. (c) Duty to expedite It shall be the duty of the court to advance on the docket and to expedite to the greatest reasonable extent the disposition of the action and appeal under this section. (d) Attorney’s fees Section 722(b) of the Revised Statutes ( 42 U.S.C. 1988(b) ) is amended— (1) by striking or section 40302 and inserting section 40302 ; and (2) by striking , the court and inserting , or section 4402(a) of the Freedom to Vote Act , the court . 3403. Definitions In this subtitle— (1) the terms election and Federal office have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ); (2) the term government includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, of any State, or of any political subdivision of any State; (3) the term State means the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States; and (4) the term vote means all actions necessary to make a vote effective, including registration or other action required by law as a prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office for which votes are received in an election. 3404. Rules of construction (a) Burdens not authorized Nothing in this subtitle may be construed to authorize a government to burden the right to vote in elections for Federal office. (b) Other rights and remedies Nothing in this subtitle shall be construed as indicating an intent on the part of Congress to alter any rights existing under a State constitution or the Constitution of the United States, or to limit any remedies for any other violations of Federal, State, or local law. (c) Other provisions of this act Nothing in this subtitle shall be construed as affecting section 1703 of this Act (relating to rights of citizens). 3405. Severability If any provision of this subtitle or the application of such provision to any citizen or circumstance is held to be unconstitutional, the remainder of this subtitle and the application of the provisions of such to any citizen or circumstance shall not be affected thereby. 3406. Effective date This subtitle shall apply with respect to any elections for Federal office occurring on or after January 1, 2022. F Poll Worker Recruitment and Training 3501. Grants to States for poll worker recruitment and training (a) Grants by Election Assistance Commission (1) In general The Election Assistance Commission (hereafter referred to as the Commission ) shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. (2) Use of Commission materials In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training, and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. (b) Requirements for Eligibility (1) Application Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of Application Each application submitted under paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; (D) provide assurances that the State will dedicate poll worker recruitment efforts with respect to— (i) youth and minors, including by recruiting at institutions of higher education and secondary education; and (ii) diversity, including with respect to race, ethnicity, and disability; and (E) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant (1) In general The amount of a grant made to a State under this section shall be equal to the product of— (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined In paragraph (1), the voting age population percentage for a State is the quotient of— (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress (1) Reports by recipients of grants Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by Commission Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding (1) Continuing availability of amount appropriated Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. 3502. State defined In this subtitle, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. G Preventing Poll Observer Interference 3601. Protections for voters on Election Day (a) Requirements Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 303 the following new section: 303A. Voter protection requirements (a) Requirements for challenges by persons other than election officials (1) Requirements for challenges No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge with respect to each individual challenged regarding the grounds for ineligibility which is— (A) documented in writing; and (B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. (2) Prohibition on challenges on or near date of election No person, other than a State or local election official, shall be permitted— (A) to challenge an individual’s eligibility to vote in an election for Federal office on Election Day on grounds that could have been made in advance of such day, or (B) to challenge an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. (b) Buffer rule (1) In general A person who is serving as a poll observer with respect to an election for Federal office may not come within 8 feet of— (A) a voter or ballot at a polling location during any period of voting (including any period of early voting) in such election; or (B) a ballot at any time during which the processing, scanning, tabulating, canvassing, or certifying voting results is occurring. (2) Rule of construction Nothing in paragraph (1) may be construed to limit the ability of a State or local election official to require poll observers to maintain a distance greater than 8 feet. (c) Effective date This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022. . (b) Conforming amendment relating to voluntary guidance Section 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, and 1303, is amended by striking and 313 and inserting 313, and 303A . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following: Sec. 303A. Voter protection requirements. . H Preventing Restrictions on Food and Beverages 3701. Findings Congress finds the following: (1) States have a legitimate interest in prohibiting electioneering at or near polling places, and each State has some form of restriction on political activities near polling places when voting is taking place. (2) In recent elections, voters have waited in unacceptably long lines to cast their ballot. During the 2018 midterm election, more than 3,000,000 voters were made to wait longer than the acceptable threshold for wait times set by the Presidential Commission on Election Administration, including many well-documented cases where voters were made to wait for several hours. A disproportionate number of those who had to wait long periods were Black or Latino voters, who were more likely than White voters to wait in the longest lines on Election Day. (3) Allowing volunteers to donate food and water to all people waiting in line at a polling place, regardless of the voters’ political preference and without engaging in electioneering activities or partisan advocacy, helps ensure Americans who face long lines at their polling place can still exercise their Constitutional right to vote, without risk of dehydration, inadequate food, discomfort, and risks to health. 3702. Prohibiting restrictions on donations of food and beverages at polling stations (a) Requirement Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(1), section 1608(a), and section 1624(a) is amended— (1) by redesignating sections 318 and 319 as sections 319 and 320, respectively; and (2) by inserting after section 317 the following new section: 318. Prohibiting States from restricting donations of food and beverages at polling stations (a) Prohibition Subject to the exception in subsection (b), a State may not impose any restriction on the donation of food and nonalcoholic beverages to persons outside of the entrance to the building where a polling place for a Federal election is located, provided that such food and nonalcoholic beverages are distributed without regard to the electoral participation or political preferences of the recipients. (b) Exception A State may require persons distributing food and nonalcoholic beverages outside the entrance to the building where a polling place for a Federal election is located to refrain from political or electioneering activity. (c) Effective date This section shall apply with respect to elections for Federal office occurring on and after January 1, 2022. . (b) Voluntary guidance Section 321(b)(4) of such Act ( 52 U.S.C. 21101(b) ), as added and redesignated by section 1101(b) and as amended by sections 1102, 1103, 1104, 1303, and 3601(b), is amended by striking and 303A and inserting 303A, and 317 . (c) Clerical amendments The table of contents of such Act, as amended by section 1031(c), section 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), section 1301(a), section 1302(a), section 1303(b), section 1305(a), section 1607(a)(3), section 1608(b), and section 1624(b) is amended— (1) by redesignating the items relating to sections 318 and 319 as relating to sections 319 and 320, respectively; and (2) by inserting after the item relating to section 317 the following new item: Sec. 318. Prohibiting States from restricting donations of food and beverages at polling stations. . I Establishing Duty to Report Foreign Election Interference 3801. Findings relating to illicit money undermining our democracy Congress finds the following: (1) Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as “shell companies,” to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities. (2) The public release of the “Panama Papers” in 2016 and the “Paradise Papers” in 2017 revealed that these shell companies often purchase and sell United States real estate. United States anti-money laundering laws do not apply to cash transactions involving real estate effectively concealing the beneficiaries and transactions from regulators and law enforcement. (3) Since the Supreme Court’s decisions in Citizens United v. Federal Election Commission , 558 U.S. 310 (2010), millions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. Voters have no way to know the true sources of the money being routed through these LLCs to influence elections, including whether any of the funds come from foreign or other illicit sources. (4) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws. (5) Congress should examine the money laundering and terrorist financing risks in the real estate market, including the role of anonymous parties, and review legislation to address any vulnerabilities identified in this sector. (6) Congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability. Congress should monitor government efforts to enforce United States anticorruption laws and regulations. 3802. Federal campaign reporting of foreign contacts (a) Initial notice (1) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended by adding at the end the following new subsection: (j) Disclosure of reportable foreign contacts (1) Committee obligation to notify Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. (2) Individual obligation to notify Not later than 3 days after a reportable foreign contact— (A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and (B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. (3) Reportable foreign contact In this subsection: (A) In general The term reportable foreign contact means any direct or indirect contact or communication that— (i) is between— (I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and (II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and (ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves— (I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or (II) coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with, a covered foreign national in connection with an election. (B) Exceptions (i) Contacts in official capacity as elected official The term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. (ii) Contacts for purposes of enabling observation of elections by international observers The term reportable foreign contact shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. (iii) Exceptions not applicable if contacts or communications involve prohibited disbursements A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. (C) Covered foreign national defined (i) In general In this paragraph, the term covered foreign national means— (I) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) ) that is a government of a foreign country or a foreign political party; (II) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or (III) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I). (ii) Clarification regarding application to citizens of the United States In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described in subclause (I) of clause (i). (4) Immediate family member In this subsection, the term immediate family member means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. (b) Information included on report (1) In general Section 304(b) of such Act ( 52 U.S.C. 30104(b) ) is amended— (A) by striking and at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ; and ; and (C) by adding at the end the following new paragraph: (9) for any reportable foreign contact (as defined in subsection (j)(3))— (A) the date, time, and location of the contact; (B) the date and time of when a designated official of the committee was notified of the contact; (C) the identity of individuals involved; and (D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved. . (2) Effective date The amendments made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. 3803. Federal campaign foreign contact reporting compliance system (a) In general Section 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Reportable foreign contacts compliance policy (1) Reporting Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. (2) Retention and preservation of records Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. (3) Certification (A) In general Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that— (i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); (ii) the committee has designated an official to monitor compliance with such policies; and (iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will— (I) receive notice of such policies; (II) be informed of the prohibitions under section 319; and (III) sign a certification affirming their understanding of such policies and prohibitions. (B) Authorized committees With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A). . (b) Effective date (1) In general The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30103(a) ) on or after the date of the enactment of this Act. (2) Transition rule for existing committees Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)). 3804. Criminal penalties Section 309(d)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(d)(1) ) is amended by adding at the end the following new subparagraphs: (E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. (F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both. . 3805. Report to congressional intelligence committees (a) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4902(a) of this Act). (b) Elements Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications. (c) Congressional intelligence committees defined In this section, the term congressional intelligence committees has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). 3806. Rule of construction Nothing in this subtitle or the amendments made by this subtitle shall be construed— (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who— (A) resides in the United States; (B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); and (C) is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(20) ). J Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot 3901. Short title This subtitle may be cited as the Voter Confidence and Increased Accessibility Act of 2021 . 3902. Paper ballot and manual counting requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) ) is amended to read as follows: (2) Paper ballot requirement (A) Voter-verifiable paper ballots (i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter’s vote selections that shall be marked by the voter and presented to the voter for verification before the voter’s ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term individual, durable, voter-verifiable paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates. (ii) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph (B). (iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote selections. (iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii). (B) Preservation as official record The individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (C) Manual counting requirements for recounts and audits (i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. (D) Sense of congress It is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) ) is amended by inserting (including the paper ballots required to be used under paragraph (2)) after voting system . (c) Other conforming amendments Section 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) ) is amended— (1) in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (2) in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (3) in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3) ; and (4) in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) . 3903. Accessibility and ballot verification for individuals with disabilities (a) In general Paragraph (3) of section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(3) ) is amended to read as follows: (3) Accessibility for individuals with disabilities (A) In general The voting system shall— (i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (ii) (I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and (II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and (iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). (B) Means of meeting requirements A voting system may meet the requirements of subparagraph (A)(i) and paragraph (2) by— (i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing; (ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; (iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; or (iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities. (C) Sufficient number For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ) (commonly referred to as the United States Access Board) and the Commission. . (b) Specific requirement of study, testing, and development of accessible voting options (1) Study and reporting Subtitle C of title II of such Act ( 52 U.S.C. 21081 et seq. ) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible voting options (a) Grants to study and report The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraph (1) and (2). (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and (2) such other information and certifications as the Commission may require. (c) Availability of technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible voting options. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access Section 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ) is amended by striking ; except that and all that follows and inserting a period. 3904. Durability and readability requirements for ballots Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ) is amended by adding at the end the following new paragraph: (7) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. (B) Readability requirements for paper ballots marked by ballot marking device All voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities. . 3905. Study and report on optimal ballot design (a) Study The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). 3906. Ballot marking device cybersecurity requirements Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 3914, is further amended by adding at the end the following new paragraphs: (8) Prohibition of use of wireless communications devices in systems or devices No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a polling place (except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph (3)), or upon which votes are cast, tabulated, or aggregated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. (9) Prohibiting connection of system to the internet No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a voting place, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time. . 3907. Effective date for new requirements Section 301(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(d) ) is amended to read as follows: (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. (B) Special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020 (i) In general In the case of a jurisdiction described in clause (ii), the requirements of paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021 ) shall not apply before the date on which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter-verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021 ), for the administration of the regularly scheduled general election for Federal office held in November 2020; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. The notice shall comply with the requirements of section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period beginning on January 1, 2022, and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. (C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2022 were a reference to the applicable year , but only with respect to the following requirements of this section. (I) Paragraph (8) of subsection (a) (relating to prohibition of wireless communication devices) (II) Paragraph (9) of subsection (a) (relating to prohibition of connecting systems to the internet) (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used a voting system which is not in compliance with paragraphs (8) or (9) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021 ) for the administration of the regularly scheduled general election for Federal office held in November 2020; (II) which was not able, to all extent practicable, to comply with paragraph (8) and (9) of subsection (a) before January 1, 2022; and (III) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Applicable year (I) In general Except as provided in subclause (II), the term applicable year means 2026. (II) Extension If a State or jurisdiction certifies to the Commission not later than January 1, 2026, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term applicable year means 2030. . 3908. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability of grants (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ), as amended by section 1302(c), is amended by adding at the end the following new part: 8 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability and use of grant (1) In general The Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 with a voting system which— (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system In this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). (b) Amount of payment (1) In general The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount The minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount The voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined The term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems An eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). 298A. Voting system security improvements described (a) Permitted uses A voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2021 ) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined). (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems. (b) Qualified election infrastructure vendors described For purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 3908(b) of the Voter Confidence and Increased Accessibility Act of 2021 ) on behalf of a State, unit of local government, or election agency (as defined in section 3908(b) of such Act) who meets the criteria described in section 3908(b) of such Act. 298B. Eligibility of States A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of how the State will use the grant to carry out the activities authorized under this part; (2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 298A; and (3) such other information and assurances as the Commission may require. 298C. Reports to Congress Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. 298D. Authorization of appropriations (a) Authorization There are authorized to be appropriated for grants under this part— (1) $2,400,000,000 for fiscal year 2021; and (2) $175,000,000 for each of the fiscal years 2022, 2024, 2026, and 2028. (b) Continuing availability of amounts Any amounts appropriated pursuant to the authorization of this section shall remain available until expended. . (2) Clerical amendment The table of contents of such Act, as amended by section 1402(c), is amended by adding at the end of the items relating to subtitle D of title II the following: Part 8—Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 298A. Voting system security improvements described. Sec. 298B. Eligibility of States. Sec. 298C. Reports to Congress. Sec. 298D. Authorization of appropriations. (b) Qualified election infrastructure vendors (1) In general The Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 298A of the Help America Vote Act of 2002 (as added by this Act). (2) Criteria The criteria established under paragraph (1) shall include each of the following requirements: (A) The vendor shall— (i) be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and (ii) in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States. (B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. (C) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 8, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor. (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 )) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (3) Cybersecurity incident reporting requirements (A) In general A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act)— (i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chair of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); (ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and (iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). (B) Contents of notifications Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (iii) The date, time, and duration of the election cybersecurity incident. (iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. (v) Any planned and implemented technical measures to respond to and recover from the incident. (vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. (C) Development of criteria for reporting Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A). (4) Definitions In this subsection: (A) Chair The term Chair means the Chair of the Election Assistance Commission. (B) Chief State election official The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (C) Election agency The term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (D) Election infrastructure The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (E) Secretary The term Secretary means the Secretary of Homeland Security. (F) State The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). K Provisional Ballots 3911. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards (a) In general Section 302 of the Help America Vote Act of 2002 ( 52 U.S.C. 21082 ), as amended by section 1601(a), is amended— (1) by redesignating subsection (e) as subsection (h); and (2) by inserting after subsection (d) the following new subsections: (e) Counting of provisional ballots (1) In general For purposes of subsection (a)(4), if a provisional ballot is cast within the same county in which the voter is registered or otherwise eligible to vote, then notwithstanding the precinct or polling place at which a provisional ballot is cast within the county, the appropriate election official of the jurisdiction in which the individual is registered or otherwise eligible to vote shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. (2) Rule of construction Nothing in this subsection shall prohibit a State or jurisdiction from counting a provisional ballot which is cast in a different county within the State than the county in which the voter is registered or otherwise eligible to vote. (3) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. (f) Uniform and nondiscriminatory standards (1) In general Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. (2) Effective date This subsection shall apply with respect to elections held on or after January 1, 2022. (g) Additional conditions prohibited If an individual in a State is eligible to cast a provisional ballot as provided under this section, the State may not impose any additional conditions or requirements (including conditions or requirements regarding the timeframe in which a provisional ballot may be cast) on the eligibility of the individual to cast such provisional ballot. . (b) Conforming amendment Section 302(h) of such Act ( 52 U.S.C. 21082(g) ), as amended by section 1601(a) and redesignated by subsection (a), is amended by striking subsection (d)(4) and inserting subsections (d)(4), (e)(3), and (f)(2) . IV Voting System Security 4001. Post-election audit requirement (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 3601, is amended by inserting after section 303A the following new section: 303B. Post-election audits (a) Definitions In this section: (1) Post-election audit Except as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that— (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome (A) Reported outcome The term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. (B) Correct outcome The term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. (C) Outcome The term outcome means the winner or set of winners of an election contest. (3) Manual adjudication of voter intent The term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. (4) Ballot manifest The term ballot manifest means a record maintained by each jurisdiction that— (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. (b) Requirements (1) In general (A) Audits (i) In general Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception Clause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation If a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements (A) Rules and procedures (i) In general Not later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included The rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report (i) In general After the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data All data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes Information and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by Commission After receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver (A) In general Except as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2032 and for each subsequent election for Federal office. (B) Waiver Except as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2032, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2032 were a reference to 2034 . (C) Additional waiver period If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2034 were a reference to 2036 . (c) Phased implementation (1) Post-election audits (A) In general For the regularly scheduled elections for Federal office occurring in 2024 and 2026, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined In this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. (2) Post-election audits for select contests Subject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2028 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2032, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests A State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b). . (b) Clerical amendment The table of contents for such Act, as amended by section 3601, is amended by inserting after the item relating to section 303A the following new item: Sec. 303B. Post-election audits. . (c) Study on post-election audit best practices (1) In general The Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. (2) Advisory committee The Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of— (A) State and local election officials; (B) individuals with experience and expertise in election security; (C) individuals with experience and expertise in post-election audit procedures; and (D) individuals with experience and expertise in statistical methods. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection. 4002. Election infrastructure designation Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 601(3) ) is amended by inserting , including election infrastructure before the period at the end. 4003. Guidelines and certification for electronic poll books and remote ballot marking systems (a) Inclusion under voluntary voting system guidelines Section 222 of the Help America Vote Act of 2002 ( 52 U.S.C. 20962 ) is amended— (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f); (2) by inserting after the section heading the following: (a) Voluntary voting system guidelines The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ; and (3) by adding at the end the following new subsections: (g) Initial guidelines for electronic poll books and remote ballot marking systems (1) Adoption date The Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems by January 1, 2022. (2) Special rule for initial guidelines The Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. (h) Definitions In this section: (1) Voting system defined The term voting system has the same meaning given that term in section 301. (2) Electronic poll book defined The term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used— (A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and (B) to identify registered voters who are eligible to vote in an election. (3) Remote ballot marking system defined The term remote ballot marking system means an election system that— (A) is used by a voter to mark their ballots outside of a voting center or polling place; and (B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location. . (b) Providing for certification of electronic poll books and remote ballot marking system Section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971(a) ) is amended, in each of paragraphs (1) and (2), by inserting , electronic poll books, and remote ballot marking systems after software . 4004. Pre-election reports on voting system usage (a) Requiring States to submit reports Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 301 the following new section: 301A. Pre-election reports on voting system usage (a) Requiring States to submit reports Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. (b) Effective date Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: Sec. 301A. Pre-election reports on voting system usage. . 4005. Use of voting machines manufactured in the United States (a) Requirement Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 3904 and section 3906, is further amended by adding at the end the following new paragraph: (10) Voting machine requirements (A) Manufacturing requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. (B) Assembly requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. (C) Software and code requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States. . (b) Conforming amendment relating to effective date Section 301(d)(1) of such Act ( 52 U.S.C. 21081(d)(1) ), as amended by section 3907, is amended by striking paragraph (2) and inserting subsection (a)(10) and paragraph (2) . 4006. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. C Civic Participation and Empowerment V Nonpartisan Redistricting Reform 5001. Finding of constitutional authority Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; (2) the authority granted to Congress under section 5 of the 14th amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number; (3) the authority granted to Congress under section 5 of the 14th amendment to the Constitution gives Congress the power to enact laws to enforce section 1 of such amendment, including protections against excessive partisan gerrymandering that Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (4) of the authority granted to Congress to enforce article IV, section 4, of the Constitution, and the guarantee of a Republican Form of Government to every State, which Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; and (5) requiring States to use uniform redistricting criteria is an appropriate and important exercise of such authority. 5002. Ban on mid-decade redistricting A State that has been redistricted in accordance with this title may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the terms or conditions of this title, or applicable State law. 5003. Criteria for redistricting (a) Requiring plans to meet criteria A State may not use a congressional redistricting plan which is not in compliance with this section. (b) Ranked criteria Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), including by creating any districts where, if based upon the totality of the circumstances, 2 or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) (A) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district’s citizen voting age population. (B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. (ii) Whether there is racially polarized voting in the relevant geographic region. (iii) If there is racially polarized voting in the relevant geographic region, whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice. (4) (A) Districts shall be drawn to represent communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. The term communities of interest may, if the record warrants, include political subdivisions such as counties, municipalities, Indian lands, or school districts, but shall not include common relationships with political parties or political candidates. (B) For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community’s inclusion in a single congressional district. (c) No favoring or disfavoring of political parties (1) Prohibition A State may not use a redistricting plan to conduct an election that, when considered on a statewide basis, has been drawn with the intent or has the effect of materially favoring or disfavoring any political party. (2) Determination of effect The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. (B) An analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis, the degree of any such advantage or disadvantage, and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions. (C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. For purposes of this subparagraph, alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison. (D) Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (3) Rebuttable presumption (A) Trigger In any civil action brought under section 5006 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists. (B) Assessment To conduct the assessment required under subparagraph (A), the court shall do the following: (i) Determine the number of congressional districts under the plan that would have been carried by each political party’s candidates for the office of President and the office of Senator in the 2 most recent general elections for the office of President and the 2 most recent general elections for the office of Senator (other than special general elections) immediately preceding the enactment of the plan, except that if a State conducts a primary election for the office of Senator which is open to candidates of all political parties, the primary election shall be used instead of the general election and the number of districts carried by a party’s candidates for the office of Senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party. (ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party’s candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of 7 percent or one congressional district, whichever is greater, as determined by standard quantitative measures of partisan fairness that relate a party's share of the statewide vote to that party's share of seats. (C) Presumption of violation A plan is presumed to violate paragraph (1) if it exceeds the threshold described in clause (ii) of subparagraph (B) with respect to 2 or more of the 4 elections assessed under such subparagraph. (D) Stay of use of plan Notwithstanding any other provision of this title, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State’s use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (C) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). (E) No effect on other assessments The absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect of the plan under paragraph (2). (4) Determination of intent A court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (5) No violation based on certain criteria No redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party. (d) Factors prohibited from consideration In developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 5004(c): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (e) Additional criteria A State may not rely upon criteria not set forth in this section to justify non-compliance with the requirements of this section. (f) Applicability (1) In general This section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State. (2) Date of enactment This section applies to any congressional redistricting plan that would be, or is, in effect after the date of enactment of this Act, regardless of the date of enactment by the State of the congressional redistricting plan. (g) Severability of criteria If any of the criteria set forth in this section, or the application of such criteria to any person or circumstance, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person or circumstance, shall not be affected by the holding. 5004. Development of plan (a) Public notice and input (1) Use of open and transparent process The entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website (A) Features The entity shall maintain a public Internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c). (ii) All comments received from the public submitted under paragraph (1). (iii) Access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans, together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts. (iv) A method by which members of the public may submit comments directly to the entity. (B) Searchable format The entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (3) Multiple language requirements for all notices The entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (b) Development of plan (1) Hearings The entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall— (A) be held in different regions of the State and streamed live on the public Internet site maintained under subsection (a)(2); (B) be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans. (2) Posting of maps The entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this title available for public review, including on the public Internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan. (c) Written evaluation of plan against external metrics The entity responsible for developing and adopting the congressional redistricting plan for a State shall include with each redistricting plan voted upon by such entity, or a committee of such entity, and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 5003(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 5003(b) and (c). (d) Public input and comments The entity responsible for developing and adopting the congressional redistricting plan for a State shall make all public comments received about potential plans, including alternative plans, available to the public on the Internet site required under subsection (a)(2), at no cost, not later than 24 hours prior to holding a vote on final adoption of a plan. 5005. Failure by State to enact plan (a) Deadline for enactment of plan Each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of— (1) the deadline set forth in State law; (2) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (3) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. (b) Development of plan by court in case of missed deadline If a State has not enacted a final congressional redistricting plan by the applicable deadline under subsection (a), or it appears likely that a State will fail to enact a final congressional redistricting plan by such deadline— (1) any citizen of the State may file an action in the United States district court for the applicable venue asking the district court to assume jurisdiction; (2) the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall have the exclusive authority to develop and publish the congressional redistricting plan for the State; and (3) the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan, as described in subsection (e). (c) Applicable venue For purposes of this section, the applicable venue with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). (d) Procedures for Development of Plan (1) Criteria In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 5003. (2) Access to information and records The court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the State in carrying out its duties under this title. (3) Hearing; public participation In developing a redistricting plan for a State, the court shall— (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master To assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State. (e) Publication of plan (1) Public availability of initial plan Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5004(c)). (2) Publication of final plan At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. (f) Use of interim plan In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan. (g) Appeals Review on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section 5006. (h) Stay of State proceedings The filing of an action under this section shall act as a stay of any proceedings in State court with respect to the State’s congressional redistricting plan unless otherwise ordered by the court. 5006. Civil enforcement (a) Civil Enforcement (1) Actions by Attorney General The Attorney General may bring a civil action for such relief as may be appropriate to carry out this title. (2) Availability of private right of action Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this title, with respect to the State's congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. (3) Delivery of complaint to House and Senate In any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) Exclusive jurisdiction and applicable venue The district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this title. The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action, except that the applicable venue for a civil action that includes a claim that a redistricting plan is in violation of section 5003(c) shall be the District of Columbia. (5) Use of 3-judge court If an action under this section raises statewide claims under the Constitution or this title, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (6) Review of final decision A final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari. (b) Expedited Consideration In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies (1) Adoption of replacement plan (A) In general If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this title— (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 5005; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court, in its discretion, may allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this title, except that— (I) the State may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the State was enacted with discriminatory intent in violation of the Constitution or section 5003(b); and (II) nothing in this clause may be construed to permit a State to use such a remedial plan which has not been approved by the court. (B) Prohibiting use of plans in violation of requirements No court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this title, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this title. (C) Special rule in case final adjudication not expected within 3 months of election If final adjudication of an action under this section is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the House of Representatives in the State, the district court shall, as the balance of equities warrant— (i) develop, adopt, and order the use of an interim congressional redistricting plan in accordance with section 5005(f) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; and (ii) order adjustments to the timing of primary elections for the House of Representatives and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (2) No stay pending appeal Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this title, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. (3) Special authority of Court of Appeals (A) Ordering of new remedial plan If, upon consideration of an appeal under this title, the Court of Appeals determines that a plan does not comply with the requirements of this title, it shall direct that the District Court promptly develop a new remedial plan with assistance of a special master for consideration by the Court of Appeals. (B) Failure of district court to take timely action If, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. The Court of Appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. (4) Effect of enactment of replacement plan A State’s enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan, including claims that the plan which is the subject of the action was enacted, in whole or in part, with discriminatory intent, or claims to consider whether relief should be granted under section 3(c) of the Voting Rights Act of 1965 ( 52 U.S.C. 10302(c) ) based on the plan which is the subject of the action. (d) Attorney’s Fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws (1) Rights and remedies additional to other rights and remedies The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) Voting Rights Act of 1965 Nothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (f) Legislative privilege No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this title. (g) Removal (1) In general At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this title may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal. (2) Claims not within the original or supplemental jurisdiction If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed. 5007. No effect on elections for State and local office Nothing in this title or in any amendment made by this title may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 5008. Effective date (a) In general This title and the amendments made by this title shall apply on the date of enactment of this title. (b) Application to apportionment resulting from 2020 decennial census Notwithstanding subsection (a), this title and the amendments made by this title, other than section 5004, shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the President on April 26, 2021, without regard to whether or not a State enacted such a plan prior to the date of the enactment of this Act. VI Campaign Finance Transparency A DISCLOSE Act 6001. Short title This subtitle may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021 . 1 Closing Loopholes Allowing Spending by Foreign Nationals in Elections 6002. Clarification of application of foreign money ban to certain disbursements and activities Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; (2) by striking As used in this section, the term and inserting the following: Definitions .—For purposes of this section— (1) Foreign national The term ; (3) by moving paragraphs (1) and (2) two ems to the right and redesignating them as subparagraphs (A) and (B), respectively; and (4) by adding at the end the following new paragraph: (2) Contribution and donation For purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3)). . 6003. Audit and report on illicit foreign money in Federal elections (a) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by inserting after section 319 the following new section: 319A. Audit and report on disbursements by foreign nationals (a) Audit (1) In general The Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle. (2) Procedures In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. (b) Report Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing— (1) results of the audit required by subsection (a)(1); (2) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (3) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (4) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and (5) recommendations to address the presence of illicit foreign money in elections, as appropriate. (c) Definitions As used in this section: (1) The term Federal election cycle means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date. (2) The term illicit foreign money means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section. . (b) Effective date The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle. 6004. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda (a) In general Section 319(b) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(b) ), as amended by section 6002, is amended by adding at the end the following new paragraph: (3) Federal, State, or local election The term Federal, State, or local election includes a State or local ballot initiative or referendum, but only in the case of— (A) a covered foreign national described in section 304(j)(3)(C); (B) a foreign principal described in section 1(b)(2) or 1(b)(3) of the Foreign Agent Registration Act of 1938, as amended ( 22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a foreign principal under such Act. . (b) Effective date The amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year. 6005. Disbursements and activities subject to foreign money ban (a) Disbursements described Section 319(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1) ) is amended— (1) by striking or at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: (C) an expenditure; (D) an independent expenditure; (E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); (F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; (G) a disbursement by a covered foreign national described in section 304(j)(3)(C) for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); (H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in section 304(k)(3)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national described in section 304(j)(3)(C); (I) a disbursement by a covered foreign national described in section 304(j)(3)(C) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or (J) a disbursement by a covered foreign national described in section 304(j)(3)(C) for a Federal judicial nomination communication (as defined in section 324(g)(2)); . (b) Effective date The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. 6006. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals (a) Prohibition Chapter 29 of title 18, United States Code, as amended by section 2001(a) and section 3101(a), is amended by adding at the end the following: 614. Establishment of corporation to conceal election contributions and donations by foreign nationals (a) Offense It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 )) prohibited under such section 319. (b) Penalty Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both. . (b) Table of sections The table of sections for chapter 29 of title 18, United States Code, as amended by section 2001(b) and section 3101(b), is amended by inserting after the item relating to section 612 the following: 614. Establishment of corporation to conceal election contributions and donations by foreign nationals. . 2 Reporting of Campaign-Related Disbursements 6011. Reporting of campaign-related disbursements (a) In general Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations (a) Disclosure statement (1) In general Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described The information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions (A) Amounts received in ordinary course of business The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. (C) Threat of harassment or reprisal The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions For purposes of this section: (A) Beneficial owner defined (i) In general Except as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions The term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Disclosure date The term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (C) Election reporting cycle The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. (D) Payment The term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions (1) Other reports filed with the Commission Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined (1) In general In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) An applicable public communication. (C) An electioneering communication, as defined in section 304(f)(3). (D) A covered transfer. (2) Applicable public communications (A) In general The term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (3) Intent not required A disbursement for an item described in subparagraph (A), (B), (C) or (D) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. (e) Covered organization defined In this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined (1) In general In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or (D) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions The term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates (A) Special rule A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements Except as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements. . (b) Conforming amendment Section 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement . (c) Regulations Not later than 6 months after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations relating the application of the exemption under section 324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by paragraph (1)). Such regulations— (1) shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section 324(a)(1) of such Act (as added by paragraph (1)), and (2) shall be consistent with the principles applied in Citizens United v. Federal Election Commission , 558 U.S. 310 (2010). 6012. Reporting of Federal judicial nomination disbursements (a) Findings Congress makes the following findings: (1) A fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the United States in the justice system. As the Supreme Court held in Caperton v. Massey , there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case. ( Caperton v. A. T. Massey Coal Co ., 556 U.S. 868, 884 (2009)). (2) Public trust in government is at a historic low. According to polling, most Americans believe that corporations have too much power and influence in politics and the courts. (3) The prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts. Dark money is funding for organizations and political activities that cannot be traced to actual donors. It is made possible by loopholes in our tax laws and regulations, weak oversight by the Internal Revenue Service, and donor-friendly court decisions. (4) Under current law, social welfare organizations and business leagues can use funds to influence elections so long as political activity is not their primary activity. Super PACs can accept and spend unlimited contributions from any non-foreign source. These groups can spend tens of millions of dollars on political activities, all without disclosing a single donor. Such dark money groups spent an estimated $1,050,000,000 in the 2020 election cycle. (5) Dark money is used to shape judicial decision-making. This can take many forms, akin to agency capture: influencing judicial selection by controlling who gets nominated and funding candidate advertisements; creating public relations campaigns aimed at mobilizing the judiciary around particular issues; and drafting law review articles, amicus briefs, and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt. (6) Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. One organization alone has spent nearly $40,000,000 on advertisements supporting or opposing Supreme Court nominees since 2016. (7) Anonymous money spent on judicial nominations is not subject to any disclosure requirements. Federal election laws only regulate contributions and expenditures relating to electoral politics; thus, expenditures, contributions, and advocacy efforts for Federal judgeships are not covered under the Federal Election Campaign Act of 1971. Without more disclosure, the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts. (8) Congress and the American people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the Federal bench. (b) Reporting Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ), as amended by section 6011, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Application to Federal judicial nominations (1) In general For purposes of this section— (A) a disbursement by a covered organization for a Federal judicial nomination communication shall be treated as a campaign-related disbursement; and (B) in the case of campaign-related disbursements which are for Federal judicial nomination communications— (i) the dollar amounts in paragraphs (1) and (2) of subsection (a) shall be applied separately with respect to such disbursements and other campaign-related disbursements; (ii) the election reporting cycle shall be the calendar year in which the disbursement for the Federal judicial nomination communication is made; (iii) references to a candidate in subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) shall be treated as references to a nominee for a Federal judge or justice; (iv) the reference to an election in subsection (a)(2)(C) shall be treated as a reference to the nomination of such nominee. (2) Federal judicial nomination communication (A) In general The term Federal judicial nomination communication means any communication— (i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. (B) Exception Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (C) Intent not required A disbursement for an item described in subparagraph (A) shall be treated as a disbursement for a Federal judicial nomination communication regardless of the intent of the person making the disbursement. . 6013. Coordination with FinCEN (a) In general The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this part. (b) Report Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. 6014. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers Section 319(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) ), as amended by section 6002, is amended— (1) by striking includes any disbursement and inserting includes— (A) any disbursement ; (2) by striking the period at the end and inserting ; and , and (3) by adding at the end the following new subparagraph: (B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement. . 6015. Effective date The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 3 Other Administrative Reforms 6021. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 6022. Judicial review of actions related to campaign finance laws (a) In general Title IV of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30141 et seq. ) is amended by inserting after section 406 the following new section: 407. Judicial review (a) In general If any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying scope of jurisdiction If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (d) Challenge by Members of Congress Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986. . (b) Conforming amendments (1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: 9011. Judicial review For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: 9041. Judicial review For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (3) Section 310 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30110 ) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 ( 52 U.S.C. 30110 note) is repealed. (c) Effective date The amendments made by this section shall apply to actions brought on or after January 1, 2021. B Honest Ads 6101. Short title This subtitle may be cited as the Honest Ads Act . 6102. Purpose The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court’s well-established standard that the electorate bears the right to be fully informed. 6103. Findings Congress makes the following findings: (1) In 2002, the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–155 ) became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking. The Court reaffirmed this conclusion in 2010 by an 8–1 vote. (2) In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online. (3) According to a study from Borrell Associates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 2012. (4) Effective and complete transparency for voters must include information about the true and original source of money given, transferred, and spent on political advertisements made online. (5) Campaign finance disclosure is a narrowly tailored and minimally restrictive means to advance substantial government interests, including fostering an informed electorate capable of engaging in self-government and holding their elected officials accountable, detecting and deterring quid pro quo corruption, and identifying information necessary to enforce other campaign finance laws, including campaign contribution limits and the prohibition on foreign money in United States campaigns. To further these substantial interests, campaign finance disclosure must be timely and complete, and must disclose the true and original source of money given, transferred, and spent to influence Federal elections. (6) As the Supreme Court recognized in its per curiam opinion in Buckley v. Valeo , 424 U.S. 1 (1976), disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist. Buckley, 424 U.S. at 68. In Citizens United v. FEC , the Court reiterated that disclosure is a less restrictive alternative to more comprehensive regulations of speech. 558 U.S. 310, 369 (2010). (7) No subsequent decision has called these holdings into question, including the Court’s decision in Americans for Prosperity Foundation v. Bonta , 141 S. Ct. 2373 (2021). That case did not involve campaign finance disclosure, and the Court did not overturn its longstanding recognition of the substantial interests furthered by such disclosure. (8) Paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people, the availability of sophisticated microtargeting, and the ease with which online advertisers, particularly those located outside the United States, can evade disclosure requirements. Requiring large online platforms to maintain public files of information about the online political ads they disseminate is the best and least restrictive means to ensure the voting public has complete information about who is trying to influence their votes and to aid enforcement of other laws, including the prohibition on foreign money in domestic campaigns. (9) The reach of a few large internet platforms—larger than any broadcast, satellite, or cable provider—has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 American users—over 160,000,000 of them on a daily basis. By contrast, the largest cable television provider has 22,430,000 subscribers, while the largest satellite television provider has 21,000,000 subscribers. And the most-watched television broadcast in United States history had 118,000,000 viewers. (10) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (11) According to comscore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services which deliver information and news to users without requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent of gross spending. 79 percent of online Americans—representing 68 percent of all Americans—use the single largest social network, while 66 percent of these users are most likely to get their news from that site. (12) Large social media platforms are the only entities in possession of certain key data related to paid online ads, including the exact audience targeted by those ads and their number of impressions. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations. (13) Paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns—even those that rely on large amounts of unpaid content—because such ads allow foreign actors to test the effectiveness of different messages, expose their messages to audiences who have not sought out such content, and recruit audiences for future campaigns and posts. (14) In testimony before the Senate Select Committee on Intelligence titled, Disinformation: A Primer in Russian Active Measures and Influence Campaigns , multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide platform[s] practically purpose-built for active measures[.] Similarly, as Gen. Keith B. Alexander (RET.), the former Director of the National Security Agency, testified, during the Cold War if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. But the news itself was hard to manipulate because it would have required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras. . (15) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment *** as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders. . (16) On January 6, 2017, the Office of the Director of National Intelligence published a report titled Assessing Russian Activities and Intentions in Recent U.S. Elections , noting that Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election * * * . Moscow’s influence campaign followed a Russian messaging strategy that blends covert intelligence operation—such as cyber activity—with overt efforts by Russian Government agencies, state-funded media, third-party intermediaries, and paid social media users or trolls . (17) On September 6, 2017, the nation’s largest social media platform disclosed that between June 2015 and May 2017, Russian entities purchased $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated with the Internet Research Agency, a pro-Kremlin organization. According to the company, the ads purchased focused on amplifying divisive social and political messages *** . (18) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election’s 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in Colorado, and 35 percent in Ohio. (19) 2018 reporting by the Washington Post estimated that paid Russian ads received more than 37,000,000 impressions in 2016 and 2017. (20) A 2019 Senate Select Committee on Intelligence’s Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia’s Use of Social Media with Additional Views, the Committee recommended that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. The same requirements should apply online. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference. . (21) A 2020 study by researchers at New York University found undisclosed political advertisement purchases on a large social media platform by a Chinese state media company in violation of that platform’s supposed prohibitions on foreign spending on ads of social, national, or electoral importance. (22) The same study also found that there are persistent issues with advertisers failing to disclose political ads and that in one social media platform’s political ad archive, 68,879 pages (54.6 percent of pages with political ads included in the archive) never provided a disclosure. Overall, there were 357,099 ads run on that platforms without a disclosure, accounting for at least $37,000,000 in spending on political ads. (23) A 2020 report by the bipartisan and bicameral U.S. Cyberspace Solarium Commission found that Although foreign nationals are banned from contributing to U.S. political campaigns, they are still allowed to purchase U.S. political advertisements online, making the internet a fertile environment for conducting a malign influence campaign to undermine American elections. The Commission concluded that Russian interference in the 2016 election was and still is possible, because the FECA, which establishes rules for transparency in television, radio, and print media political advertising, has not been amended to extend the same political advertising requirements to internet platforms, and that [a]pplying these standards across all media of communication would, among other things, increase transparency of funding for political advertisements, which would in turn strengthen regulators’ ability to reduce improper foreign influence in our elections. (24) On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. The declassified report found: Throughout the election cycle, Russia’s online influence actors sought to affect U.S. public perceptions of the candidates, as well as advance Moscow’s longstanding goals of undermining confidence in US election processes and increasing sociopolitical divisions among the American people. The report also determined that Iran sought to influence the election by creating and amplifying social media content that criticized [candidates]. (25) According to a Wall Street Journal report in April 2021, voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases. These ad-buys, including those diminishing major human rights violations like the Uighur genocide, are under-reported by foreign government purchasers, with no substantial oversight or repercussions from the platforms. (26) Multiple reports have indicated that online ads have become a key vector for strategic influence by the People’s Republic of China. An April 2021 Wall Street Journal report noted that the Chinese government and Chinese state-owned enterprises are major purchasers of ads on the U.S.’s largest social media platform, including to advance Chinese propaganda. (27) Large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms. (28) The Federal Election Commission has failed to take action to address online political advertisements and current regulations on political advertisements do not provide sufficient transparency to uphold the public’s right to be fully informed about political advertisements made online. 6104. Sense of Congress It is the sense of Congress that— (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements, be they foreign or domestic, in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals. 6105. Expansion of definition of public communication (a) In general Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ) is amended by striking or satellite communication and inserting satellite, paid internet, or paid digital communication . (b) Treatment of contributions and expenditures Section 301 of such Act ( 52 U.S.C. 30101 ) is amended— (1) in paragraph (8)(B)(v), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication ; and (2) in paragraph (9)(B)— (A) by amending clause (i) to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; ; and (B) in clause (iv), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication . (c) Disclosure and disclaimer statements Subsection (a) of section 318 of such Act ( 52 U.S.C. 30120 ) is amended— (1) by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication ; and (2) by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication . (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e). (e) Regulation Not later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971( 52 U.S.C. 30101(22) ), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication. 6106. Expansion of definition of electioneering communication (a) Expansion to online communications (1) Application to qualified Internet and digital communications (A) In general Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3)(A) ) is amended by striking or satellite communication each place it appears in clauses (i) and (ii) and inserting satellite, or qualified internet or digital communication . (B) Qualified Internet or digital communication Paragraph (3) of section 304(f) of such Act ( 52 U.S.C. 30104(f) ) is amended by adding at the end the following new subparagraph: (D) Qualified Internet or digital communication The term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)). . (2) Nonapplication of relevant electorate to online communications Section 304(f)(3)(A)(i)(III) of such Act ( 52 U.S.C. 30104(f)(3)(A)(i)(III) ) is amended by inserting any broadcast, cable, or satellite before communication . (3) News exemption Section 304(f)(3)(B)(i) of such Act ( 52 U.S.C. 30104(f)(3)(B)(i) ) is amended to read as follows: (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; . (b) Effective date The amendments made by this section shall apply with respect to communications made on or after January 1, 2022 and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 6107. Application of disclaimer statements to online communications (a) Clear and conspicuous manner requirement Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended— (1) by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner ; and (2) by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. . (b) Special rules for qualified Internet or digital communications (1) In general Section 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Special rules for qualified Internet or digital communications (1) Special rules with respect to statements In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— (A) state the name of the person who paid for the communication; and (B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. (2) Safe harbor for determining clear and conspicuous manner A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: (A) Text or graphic communications In the case of a text or graphic communication, the statement— (i) appears in letters at least as large as the majority of the text in the communication; and (ii) meets the requirements of paragraphs (2) and (3) of subsection (c). (B) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (C) Video communications In the case of a video communication which also includes audio, the statement— (i) is included at either the beginning or the end of the communication; and (ii) is made both in— (I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (II) an audible format that meets the requirements of subparagraph (B). (D) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C). . (2) Nonapplication of certain exceptions The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of additional requirements for certain communications Section 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format . (d) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 6108. Political record requirements for online platforms (a) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 3802, is amended by adding at the end the following new subsection: (k) Disclosure of certain online advertisements (1) In general (A) Requirements for online platforms (i) In general An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. (ii) Requirement relating to political ads sold by third party advertising vendors An online platform that displays a qualified political advertisement sold by a third party advertising vendor as defined in (3)(C), shall include on its own platform an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement. (B) Requirements for advertisers Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). (2) Contents of record A record maintained under paragraph (1)(A) shall contain— (A) a digital copy of the qualified political advertisement; (B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and (C) information regarding— (i) the total cost of the advertisement; (ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); (iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and (iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. (3) Online platform (A) In general For purposes of this subsection, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (i) (I) sells qualified political advertisements; and (II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or (ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor). (B) Exemption Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical. (C) Third-party advertising vendor defined For purposes of this subsection, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. (4) Qualified political advertisement For purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— (A) is made by or on behalf of a candidate; or (B) communicates a message relating to any political matter of national importance, including— (i) a candidate; (ii) any election to Federal office; or (iii) a national legislative issue of public importance. (5) Time to maintain file The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. (6) Special rule For purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient’s name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement. (7) Penalties For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (c). (c) Rulemaking Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules— (1) requiring common data formats for the record required to be maintained under section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. (d) Reporting Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on— (1) matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. 6109. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ) is amended by adding at the end the following new subsection: (c) Responsibilities of broadcast stations, providers of cable and satellite television, and online platforms (1) In general Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. (2) Regulations Not later than 1 year after the date of the enactment of this subsection, the Commission shall promulgate regulations on what constitutes reasonable efforts under paragraph (1). . 6110. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared (a) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 3802 and section 6108(a), is amended by adding at the end the following new subsection: (l) Ensuring display and sharing of sponsor identification in online political advertisements (1) Requirement An online platform displaying a qualified political advertisement shall— (A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and (B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. (2) Definitions In this subsection— (A) the term online platform has the meaning given such term in subsection (k)(3); and (B) the term ‘ qualified political advertisement has the meaning given such term in subsection (k)(4). . (b) Effective date The amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120–day period which begins on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. C Spotlight Act 6201. Short title This subtitle may be cited as the Spotlight Act . 6202. Inclusion of contributor information on annual returns of certain organizations (a) Repeal of regulations The final regulations of the Department of the Treasury relating to guidance under section 6033 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect. (b) Inclusion of contributor information (1) Social welfare organizations Section 6033(f)(1) of the Internal Revenue Code of 1986 is amended by inserting (5), after paragraphs . (2) Labor organizations and business leagues Section 6033 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: (o) Additional requirements for organizations described in subsections (c)(5) and (c)(6) of section 501 Every organization which is described in paragraph (5) or (6) of section 501(c) and which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in subsection (b)(5). . (3) Effective date The amendments made by this subsection shall apply to returns required to be filed for taxable years ending after the date of the enactment of this Act. (c) Modification to discretionary exceptions Section 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: (B) Discretionary exceptions (i) In general Paragraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws. (ii) Recommendations for other exceptions The Secretary may recommend to Congress that Congress relieve any organization required under paragraph (1) to file an information return from filing such a return if the Secretary determines that such filing does not advance a national security, law enforcement, or tax administration purpose. . VII Campaign Finance Oversight A Stopping Super PAC–Candidate Coordination 7001. Short title This subtitle may be cited as the Stop Super PAC–Candidate Coordination Act . 7002. Clarification of treatment of coordinated expenditures as contributions to candidates (a) Treatment as contribution to candidate Section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ) is amended— (1) by striking or at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ; or ; and (3) by adding at the end the following new clause: (iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 326) which is not otherwise treated as a contribution under clause (i) or clause (ii). . (b) Definitions Title III of such Act ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following new section: 325. Payments for coordinated expenditures (a) Coordinated expenditures (1) In general For purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). (2) Exception for payments for certain communications A payment for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described (1) In general For purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. (3) No effect on party coordination standard Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (4) No safe harbor for use of firewall A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. (c) Payments by coordinated spenders for covered communications (1) Payments made in cooperation, consultation, or concert with candidates For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined For purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). (C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). (D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (d) Covered communication defined (1) In general For purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. (2) Applicable election period In paragraph (1)(C), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or (B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. (3) Special rules for communications involving congressional candidates For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (e) Penalty (1) Determination of amount Any person who knowingly and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— (A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or (B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. (2) Joint and several liability Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later. . (c) Effective date (1) Repeal of existing regulations on coordination Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act— (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth under the heading Coordination in subpart C of part 109 of title 11, Code of Federal Regulations) are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. 7003. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders (a) In General Section 323(e)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(e)(1) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office). . (b) Effective Date The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2022. B Restoring Integrity to America’s Elections 7101. Short title This subtitle may be cited as the Restoring Integrity to America’s Elections Act . 7102. Revision to enforcement process (a) Standard for initiating investigations and determining whether violations have occurred (1) Revision of standards Section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) (A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. (B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. (3) (A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case. (B) At the time the general counsel submits to the Commission the determination under subparagraph (A), the general counsel shall simultaneously notify the respondent of such determination and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. (C) Upon the expiration of the 30-day period which begins on the date the general counsel submits the determination to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), upon the expiration of the 30-day period which begins on the date the general counsel submits the respondent’s brief to the Commission under such subparagraph), the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, or if the determination by the general counsel that there is not probable cause that a person has committed or is about to commit such a violation is overruled as provided under the previous sentence, for purposes of this subsection, the Commission shall be deemed to have determined that there is probable cause that the person has committed or is about to commit such a violation. . (2) Conforming amendment relating to Initial response to filing of complaint Section 309(a)(1) of such Act ( 52 U.S.C. 30109(a)(1) ) is amended— (A) in the third sentence, by striking the Commission and inserting the general counsel ; and (B) by amending the fourth sentence to read as follows: Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint. . (b) Revision of standard for review of dismissal of complaints (1) In general Section 309(a)(8) of such Act ( 52 U.S.C. 30109(a)(8) ) is amended to read as follows: (8) (A) (i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. (B) (i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law. (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. . (2) Effective date The amendments made by paragraph (1) shall apply— (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate new regulations on the enforcement process under section 309 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) to take into account the amendments made by this section. 7103. Acting general counsel Section 306(f)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(1) ) is amended by adding at the end the following new sentence: In the event of a vacancy in the position of the General Counsel, the most senior attorney employed within the Office of the General Counsel at the time the vacancy arises shall exercise all the responsibilities of the General Counsel until the vacancy is filled. . 7104. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests (a) In general Section 308 of such Act ( 52 U.S.C. 30108 ) is amended by adding at the end the following new subsection: (e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request. . (b) Effective da te The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. 7105. Permanent extension of administrative penalty authority (a) Extension of authority Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023 . (b) Effective date The amendment made by subsection (a) shall take effect on December 31, 2021. 7106. Restrictions on ex parte communications Section 306(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(e) ) is amended— (1) by striking (e) The Commission and inserting (e)(1) The Commission ; and (2) by adding at the end the following new paragraph: (2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph. . 7107. Clarifying authority of FEC attorneys to represent FEC in Supreme Court (a) Clarifying authority Section 306(f)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(4) ) is amended by striking any action instituted under this Act, either (A) by attorneys and inserting any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys . (b) Effective date The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act. 7108. Requiring forms to permit use of accent marks (a) Requirement Section 311(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30111(a)(1) ) is amended by striking the semicolon at the end and inserting the following: , and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification; . (b) Effective date The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. 7109. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971 (a) Civil offenses Section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by inserting after paragraph (9) the following new paragraph: (10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 10 years after the date on which the violation occurred. . (b) Criminal offenses Section 406(a) of such Act ( 52 U.S.C. 30145(a) ) is amended by striking 5 years and inserting 10 years . (c) Effective date The amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act. 7110. Effective date; transition (a) In General Except as otherwise provided, this subtitle and the amendments made by this subtitle shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this subtitle and the amendments made by this subtitle. (b) Transition (1) No effect on existing cases or proceedings Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to the date of the enactment of this Act, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. (2) Treatment of certain complaints If, as of the date of the enactment of this Act, the General Counsel of the Federal Election Commission has not made any recommendation to the Commission under section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) with respect to a complaint filed prior to the date of the enactment of this Act, this subtitle and the amendments made by this subtitle shall apply with respect to the complaint in the same manner as this subtitle and the amendments made by this subtitle apply with respect to a complaint filed on or after the date of the enactment of this Act. VIII Citizen Empowerment A Funding to Promote Democracy 1 Payments and Allocations to States 8001. State Democracy Promotion Program (a) Establishment There is established a program to be known as the State Democracy Promotion Program under which the Director of the Office of State Democracy Promotion shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b). (b) Democracy promotion activities described The democracy promotion activities described in this subsection are as follows: (1) Activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for Federal office and to secure the infrastructure used in the administration of such elections, including making upgrades to voting equipment and voter registration systems, securing voting locations, expanding polling places and the availability of early and mail voting, recruiting and training nonpartisan election officials, and promoting cybersecurity. (2) Activities to ensure equitable access to democracy, including the following: (A) Enabling candidates who seek office in the State to receive payments as participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by subtitle B), but only if the State will enable candidates to receive such payments during an entire election cycle. (B) Operating a Democracy Credit Program under part 1 of subtitle B, but only if the State will operate the program during an entire election cycle. (C) Other activities to ensure equitable access to democracy, including administering a ranked-choice voting system and carrying out Congressional redistricting through independent commissions. (3) Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands. (c) Permitting States to retain and reserve allocations for future use A State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year. (d) Requiring submission and approval of State plan (1) In general A State shall receive an allocation under the Program for a fiscal year if— (A) not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 8002; and (B) not later than 45 days before the first day of the fiscal year, the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the State plan will enable the State to carry out democracy promotion activities and approves the plan. (2) Submission and approval of revised plan If the Director does not approve the State plan as submitted by the State under paragraph (1) with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year— (A) the chief State election official of the State submits a revised version of the State plan; and (B) the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the revised version of the State plan will enable the State to carry out democracy promotion activities and approves the plan. (3) Election Assistance Commission and Federal Election Commission consultation With respect to a State plan submitted under paragraph (1) or a revised plan submitted under paragraph (2)— (A) the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission with respect to the proposed State activities described in subsection (b)(1) and with the Federal Election Commission with respect to the proposed State activities described in subsection (b)(2)(A) and (b)(2)(B); and (B) the Election Assistance Commission and the Federal Election Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act. (4) Consultation with legislature The chief State election official of the State shall develop the State plan submitted under paragraph (1) and the revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature. (e) State report on use of allocations Not later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation. (f) Effective date This section shall apply with respect to fiscal year 2023 and each succeeding fiscal year. 8002. State plan (a) Contents A State plan under this section with respect to a State is a plan containing each of the following: (1) A description of the democracy promotion activities the State will carry out with the payment made under the Program. (2) A statement of whether or not the State intends to retain and reserve the payment for future democracy promotion activities. (3) A description of how the State intends to allocate funds to carry out the proposed activities, which shall include the amount the State intends to allocate to each such activity, including (if applicable) a specific allocation for— (A) activities described in subsection 8001(b)(1) (relating to election administration); (B) activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971); and (C) activities described in section 8001(b)(2)(B) (relating to the operation of a Democracy Credit Program under part 1 of subtitle B). (4) A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management. (5) A description of the State-based administrative complaint procedures established for purposes of section 8003(b). (6) A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities. (b) Requirements for fund (1) Fund described For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts: (A) Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program. (B) The payment made to the State under the Program. (C) Such other amounts as may be appropriated under law. (D) Interest earned on deposits of the fund. (2) Use of fund Amounts in the fund shall be used by the State exclusively to carry out democracy promotion activities for which the payment is made to the State under the Program. (3) Treatment of States that require changes to state law In the case of a State that requires State legislation to establish the fund described in this subsection, the Director shall defer disbursement of the payment to such State under the Program until such time as legislation establishing the fund is enacted. 8003. Prohibiting reduction in access to participation in elections (a) Prohibiting use of payments A State may not use a payment made under the Program to carry out any activity which has the purpose or effect of diminishing the ability of any citizen of the United States to participate in the electoral process. (b) State-based administrative complaint procedures (1) Establishment A State receiving a payment under the Program shall establish uniform and nondiscriminatory State-based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint. (2) Notification to Director The State shall transmit to the Director a description of each complaint filed under the procedures, together with— (A) if the State provides a remedy with respect to the complaint, a description of the remedy; or (B) if the State dismisses the complaint, a statement of the reasons for the dismissal. (3) Review by Director (A) Request for review Any person who is dissatisfied with the final decision under a State-based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision. (B) Action by Director Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy. (4) Right to petition for review (A) In general Any person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia. (B) Deadline to file petition Any petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph (B) of paragraph (3). (C) Standard of review In any proceeding under this paragraph, the court shall determine whether the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under section 706 of title 5, United States Code, and may direct the Office to conform with any such determination within 30 days. (c) Action by Attorney General for declaratory and injunctive relief The Attorney General may bring a civil action against any State in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to enforce subsection (a). 8004. Amount of State allocation (a) State-specific amount The amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of— (1) the Congressional district allocation amount (determined under subsection (b)); and (2) the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State. (b) Congressional district allocation amount For purposes of subsection (a), the Congressional district allocation amount with respect to a fiscal year is equal to the quotient of— (1) the aggregate amount available for allocations to States under the Program for the fiscal year, as determined by the Director under subsection (c); divided by (2) the total number of Congressional districts in all States. (c) Determination of aggregate amount available for allocations; notification to States Not later than 120 days before the first day of each fiscal year, the Director— (1) shall, in accordance with section 8012, determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year; and (2) shall notify each State of the amount of the State’s allocation under the Program for the fiscal year. (d) Source of payments The amounts used to make allocations and payments under the Program shall be derived solely from the Trust Fund. 8005. Procedures for disbursements of payments and allocations (a) Direct payments to States for certain activities under State plan (1) Direct payment If the approved State plan of a State includes activities for which allocations are not made under subsections (b), (c), or (d), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to disburse amounts from the Trust Fund for payment to the State in the aggregate amount provided under the plan for such activities. (2) Timing As soon as practicable after the Director directs the Secretary of the Treasury to disburse amounts for payment to a State under paragraph (1), the Secretary of the Treasury shall make the payment to the State under such paragraph. (3) Continuing availability of funds after appropriation A payment made to a State under this subsection shall be available without fiscal year limitation. (b) Allocation to Election Assistance Commission for payments to States for certain election administration activities (1) Allocation If the approved State plan of a State includes activities described in section 8001(b)(1), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for such activities under the plan. (2) Payment to State As soon as practicable after receiving an allocation under paragraph (1) with respect to a State, the Election Assistance Commission shall make a payment to the State in the amount of the State’s allocation. (3) Continuing availability of funds after appropriation A payment made to a State by the Election Assistance Commission under this subsection shall be available without fiscal year limitation. (c) Allocation to Federal Election Commission for payments to participating candidates from State If the approved State plan of a State includes activities described in section 8001(b)(2)(A), relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. (d) Allocation to Federal Election Commission for payments for Democracy Credit Program If the approved State plan of a State includes activities described in section 8001(b)(2)(B), relating to payments to the State for the operation of a Democracy Credit Program under part 1 of subtitle B, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan. 8006. Office of State Democracy Promotion (a) Establishment There is established as an independent establishment in the executive branch the Office of State Democracy Promotion. (b) Director (1) In general The Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate. (2) Term of service The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment. (3) Compensation The Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule. (c) General counsel and other staff (1) General counsel The Director shall appoint a general counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level III of the Executive Schedule. In the event of a vacancy in the position of the Director, the General Counsel shall exercise all the responsibilities of the Director until such vacancy is filled. (2) Senior staff The Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule. (3) Other staff In addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS-15 of the General Schedule. (d) Duties The duties of the Office are as follows: (1) Administration of Program The Director shall administer the Program, in consultation with the Election Assistance Commission and the Federal Election Commission, including by holding quarterly meetings of representatives from such Commissions. (2) Oversight of Trust Fund The Director shall oversee the operation of the Trust Fund and monitor its balances, in consultation with the Secretary of the Treasury. The Director may hold funds in reserve to cover the expenses of the Office and to preserve the solvency of the Trust Fund. (3) Reports Not later than 180 days after the date of the regularly scheduled general election for Federal office held in 2024 and each succeeding regularly scheduled general election for Federal office thereafter, the Director shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years. (e) Coverage under Inspector General Act of 1978 for conducting audits and investigations (1) In general Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting the Office of State Democracy Promotion, after Election Assistance Commission, . (2) Effective date The amendment made by paragraph (1) shall take effect 180 days after the appointment of the Director. (f) Coverage under Hatch Act Clause (i) of section 7323(b)(2)(B) of title 5, United States Code, is amended— (1) by striking or at the end of subclause (XIII); and (2) by adding at the end the following new subclause: (XV) the Office of State Democracy Promotion; or . (g) Regulations (1) In general Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act. (2) State plan submission and approval and distribution of funds Not later than 90 days after the date of the confirmation or appointment of the Director, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this part and the amendments made by this part. (3) Comments by the Election Assistance Commission and the Federal Election Commission The Election Assistance Commission and the Federal Election Assistance shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection. (h) Authorization of appropriations There are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2023 and each succeeding fiscal year. 2 State Election Assistance and Innovation Trust Fund 8011. State Election Assistance and Innovation Trust Fund (a) Establishment There is established in the Treasury a fund to be known as the State Election Assistance and Innovation Trust Fund . (b) Contents The Trust Fund shall consist solely of— (1) amounts transferred under section 3015 of title 18, United States Code, section 9706 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986 (as added by section 8013); (2) amounts transferred under section 9006(d) of the Internal Revenue Code of 1986 (as added by section 8014); and (3) gifts or bequests deposited pursuant to subsection (d). (c) Use of funds Amounts in the Trust Fund shall be used to make payments and allocations under the Program (as described in section 8012(a)) and to carry out the activities of the Office. (d) Acceptance of gifts The Office may accept gifts or bequests for deposit into the Trust Fund. (e) No taxpayer funds permitted No taxpayer funds may be deposited into the Trust Fund. (f) Effective date This section shall take effect on the date of the enactment of this subtitle. 8012. Uses of Fund (a) Payments and allocations described For each fiscal year, amounts in the Fund shall be used as follows: (1) Payments to States under the Program, as described in section 8005(a). (2) Allocations to the Election Assistance Commission, to be used for payments for certain election administration activities, as described in section 8005(b). (3) Allocations to the Federal Election Commission, to be used for payments to participating candidates under title V of the Federal Election Campaign Act of 1971, as described in section 8005(c). (4) Allocations to the Federal Election Commission, to be used for payments to States operating a Democracy Credit Program under part 1 of subtitle B, as described in section 8005(d). (b) Determination of aggregate amount of State allocations The Director, in consultation with the Election Assistance Commission and the Federal Election Commission, shall determine and establish the aggregate amount of State allocations for each fiscal year, taking into account the anticipated balances of the Trust Fund. 8013. Assessments against fines and penalties (a) Assessments relating to criminal offenses (1) In general Chapter 201 of title 18, United States Code, is amended by adding at the end the following new section: 3015. Special assessments for State Election Assistance and Innovation Trust Fund (a) Assessments (1) Convictions of crimes In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 4.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. (2) Settlements The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 4.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. (c) Transfers In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section. . (2) Clerical amendment The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: 3015. Special assessments for State Election Assistance and Innovation Trust Fund. . (b) Assessments relating to civil penalties (1) In general Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: 9706. Special assessments for State Election Assistance and Innovation Trust Fund (a) Assessments (1) Civil penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. (2) Administrative penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. (3) Settlements Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 4.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected— (1) in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; (2) in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and (3) in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. (c) Transfers In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amount of the assessments collected under this section. (d) Exception for penalties and settlements under authority of the Internal Revenue Code of 1986 (1) In general No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. (2) Cross reference For application of special assessments for the State Election Assistance and Innovation Trust Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986. . (2) Clerical amendment The table of sections of chapter 97 of title 31, United States Code, is amended by adding at the end the following: 9706. Special assessments for State Election Assistance and Innovation Trust Fund. . (c) Assessments relating to certain penalties under the Internal Revenue Code of 1986 (1) In general Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: D Special assessments for State Election Assistance and Innovation Trust Fund 6761. Special assessments for State Election Assistance and Innovation Trust Fund (a) In general Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. (b) Covered penalty For purposes of this section, the term covered penalty means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. (c) Exception for certain individuals (1) In general In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. (2) Exempt taxpayer For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. (d) Application of certain rules Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. (e) Transfer to State Election Administration and Innovation Trust Fund The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). Rules similar to the rules of section 9601 shall apply for purposes of this subsection. . (2) Clerical amendment The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: Subchapter D—Special assessments for State Election Assistance and Innovation Trust Fund . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2) Assessments relating to certain penalties under the Internal Revenue Code of 1986 The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act. 8014. Transfer of balance of Presidential Election Campaign Fund Section 9006 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Transfer of balance to State Election Assistance and Innovation Trust Fund Effective December 31, 2021, the Secretary shall transfer from the fund to the State Election Assistance and Innovation Trust Fund under section 8011 of the Freedom to Vote Act an amount equal to the balance of the fund as of such date, reduced by the amount of any payments required to be made from the fund under section 9008(i). . 3 General Provisions 8021. Definitions In this subtitle, the following definitions apply: (1) The term chief State election official has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 ( 52 U.S.C. 21003(e) ). (2) The term Director means the Director of the Office. (3) The term election cycle means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. (4) The term Indian lands includes— (A) Indian country, as defined under section 1151 of title 18, United States Code; (B) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), by an Indian Tribe that is a Native village (as defined in section 3 of that Act ( 43 U.S.C. 1602 )) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act ( 43 U.S.C. 1602 )); (C) any land on which the seat of the Tribal government is located; and (D) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (5) The term Office means the Office of State Democracy Promotion established under section 8005. (6) The term Program means the State Democracy Promotion Program established under section 8001. (7) The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (8) The term Trust Fund means the State Election Assistance and Innovation Trust Fund established under section 8011. 8022. Rule of construction regarding calculation of deadlines (a) In general With respect to the calculation of any period of time for the purposes of a deadline in this subtitle, the last day of the period shall be included in such calculation, unless such day is a Saturday, a Sunday, or a legal public holiday, in which case the period of such deadline shall be extended until the end of the next day which is not a Saturday, a Sunday, a legal public holiday. (b) Legal public holiday defined For the purposes of this section, the term legal public holiday means a day described in section 6103(a) of title 5, United States Code. B Elections for House of Representatives 8101. Short title This subtitle may be cited as the Government By the People Act of 2021 . 1 Optional Democracy Credit Program 8102. Establishment of program (a) Establishment The Federal Election Commission (hereafter in this part referred to as the Commission ) shall establish a program under which the Commission shall make payments to States to operate a credit program which is described in section 8103 during an election cycle. (b) Requirements for program A State is eligible to operate a credit program under this part with respect to an election cycle if, not later than 180 days before the cycle begins, the State submits to the Commission a statement containing— (1) information and assurances that the State will operate a credit program which contains the elements described in section 8103(a); (2) information and assurances that the State will establish fraud prevention mechanisms described in section 8103(b); (3) information and assurances that the State will establish a commission to oversee and implement the program as described in section 8103(c); (4) information and assurances that the State will carry out a public information campaign as described in section 8103(d); (5) information and assurances that the State will submit reports as required under section 8104; (6) information and assurances that, not later than 90 days before the beginning of the cycle, the State will complete any actions necessary to operate the program during the cycle; and (7) such other information and assurances as the Commission may require. (c) Reimbursement of Costs (1) Reimbursement Upon receiving the report submitted by a State under section 8104(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the credit program under this part during the cycle. (2) Source of funds Payments to a State under the program shall be made using amounts allocated to the Commission for purposes of making payments under this part with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the Fund ) under section 8012, in the amount allocated with respect to the State under section 8005(d). (3) Mandatory reduction of payments in case of insufficient allocations (A) Advance audits by Commission Not later than 90 days before the first day of each program operation period, the Commission, in consultation with the Director of the Office of State Democracy Promotion, shall— (i) audit the Fund to determine whether, after first making payments to States under section 8005(a), then making allocations to the Election Assistance Commission under section 8005(b), and then making allocations to the Commission under section 8005(c), the amount allocated to the State for making payments under this part will be sufficient to make payments to the State in the amounts provided under this subsection; and (ii) submit a report to Congress describing the results of the audit. (B) Reductions in amount of payments (i) Automatic reduction on pro rata basis If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount allocated to the State for making payments under this part is not, or may not be, sufficient to make payments to the State under this part in the full amount provided under this subsection with respect to an election cycle, the Commission shall reduce each amount which would otherwise be paid to a State under this subsection by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount allocated to the State for making payments under this part with respect to such cycle. (ii) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amount paid to a State with respect to an election cycle under clause (i), the Commission determines that the amount allocated to the State for making payments under this part is sufficient to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment to the State with respect to the cycle in the amount by which such State’s payments were reduced under clause (i) (or any portion thereof, as the case may be). (iii) No use of amounts from other sources In any case in which the Commission determines that the amount allocated to the State for making payments under this part is insufficient to make payments to the State under this part, moneys shall not be made available from any other source for the purpose of making such payments. (4) Cap on amount of payment The aggregate amount of payments made to any State with respect to two consecutive election cycles period may not exceed $10,000,000. If the State determines that the maximum payment amount under this paragraph with respect to such cycles is not, or may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such cycles, the State shall reduce the amount of the credit provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the State in operating the program will not exceed the amount paid to the State with respect to such cycles. (d) Continuing availability of funds after appropriation A payment made to a State under this part shall be available without fiscal year limitation. 8103. Credit program described (a) General elements of program (1) Elements described The elements of a credit program operated by a State under this part are as follows: (A) The State shall provide each qualified individual upon the individual’s request with a credit worth $25 to be known as a Democracy Credit during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form. (B) Using the routing number assigned to the Democracy Credit, the individual may submit the Democracy Credit in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the Democracy Credit in increments of $5 as the individual may select to any such candidate. (C) If the candidate transmits the Democracy Credit to the Commission, the Commission shall pay the candidate the portion of the value of the Democracy Credit that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. (2) Designation of qualified individuals For purposes of paragraph (1)(A), a qualified individual with respect to a State means an individual— (A) who is a resident of the State; (B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a Democracy Credit; and (C) who is not prohibited under Federal law from making contributions to candidates for election for Federal office. (3) Treatment as contribution to candidate For purposes of the Federal Election Campaign Act of 1971, the submission of a Democracy Credit to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the Credit that the individual allocated to the candidate. (b) Fraud prevention mechanism In addition to the elements described in subsection (a), a State operating a credit program under this part shall permit an individual to revoke a Democracy Credit not later than 2 days after submitting the Democracy Credit to a candidate. (c) Oversight commission In addition to the elements described in subsection (a), a State operating a credit program under this part shall establish a commission or designate an existing entity to oversee and implement the program in the State, except that no such commission or entity may be comprised of elected officials. (d) Public information campaign In addition to the elements described in subsection (a), a State operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals. (e) No taxpayer funds permitted to carry out program No taxpayer funds shall be used to carry out the credit program under this part. 8104. Reports (a) State reports Not later than 6 months after each first election cycle during which the State operates a program under this part, the State shall submit a report to the Commission analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require. (b) Study and report on impact and effectiveness of credit programs (1) Study The Federal Election Commission shall conduct a study on the efficacy of political credit programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates. (2) Report Not later than 1 year after the first election cycle for which States operate the program under this part, the Commission shall publish and submit to Congress a report on the study conducted under paragraph (1). 8105. Election cycle defined In this part, the term election cycle means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. 2 Optional Small Dollar Financing of Elections for House of Representatives 8111. Benefits and eligibility requirements for candidates The Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following: V Small Dollar Financing of Elections for House of Representatives A Benefits 501. Benefits for participating candidates (a) In general If a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title. (b) Amount of payment The amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). (c) Limit on aggregate amount of payments The aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. (d) No taxpayer funds permitted No taxpayer funds shall be used to make payments under this title. 502. Procedures for making payments (a) In general The Commission shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes— (1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; (2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; (3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and (4) such other information and assurances as the Commission may require. (b) Restrictions on submission of requests A candidate may not submit a request under subsection (a) unless each of the following applies: (1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. (2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. (c) Time of payment The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a). 503. Use of funds (a) Use of funds for authorized campaign expenditures A candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved. (b) Prohibiting use of funds for legal expenses, fines, or penalties Notwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty. 504. Qualified small dollar contributions described (a) In general In this title, the term qualified small dollar contribution means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: (1) The contribution is in an amount that is— (A) not less than $1; and (B) not more than $200. (2) (A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not— (i) forwarded from the individual making the contribution to the candidate or committee by another person; or (ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B) In this paragraph— (i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and (ii) a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. (3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. (b) Treatment of democracy credits Any payment received by a candidate and the authorized committees of a candidate which consists of a Democracy Credit under the Government By the People Act of 2021 shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). (c) Restriction on subsequent contributions (1) Prohibiting donor from making subsequent nonqualified contributions during election cycle (A) In general An individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. (B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period Subparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. (2) Treatment of subsequent nonqualified contributions If, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: (A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). (B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a). (3) No effect on ability to make multiple contributions Nothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a). (d) Notification requirements for candidates (1) Notification Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: (A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. (B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. (C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. (2) Alternative methods of meeting requirements An authorized committee may meet the requirements of paragraph (1)— (A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or (B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). B Eligibility and Certification 511. Eligibility (a) In general A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. (2) The candidate meets the qualifying requirements of section 512. (3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). (4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; (B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (5) The candidate files with the Commission a certification that the candidate will not use any allocation from the Fund to directly or indirectly pay salaries, fees, consulting expenses, or any other compensation for services rendered to themselves, family members (including spouses as well as children, parents, siblings, or any of their spouses), or any entity or organization in which they have an ownership interest. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. (c) Small Dollar Democracy qualifying period Defined The term Small Dollar Democracy qualifying period means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office. 512. Qualifying requirements (a) Receipt of qualified small dollar contributions A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: (1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. (2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000. (b) Requirements relating to receipt of qualified small dollar contribution Each qualified small dollar contribution— (1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Commission; (2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor’s name and address; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission. (c) Verification of contributions The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. 513. Certification (a) Deadline and Notification (1) In general Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall— (A) determine whether or not the candidate meets the requirements for certification as a participating candidate; (B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and (C) notify the candidate of the Commission's determination. (2) Deemed certification for all elections in election cycle If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. (b) Revocation of certification (1) In general The Commission shall revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); (B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or (C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Existence of criminal sanction The Commission shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. (3) Effect of revocation If a candidate’s certification is revoked under this subsection— (A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and (B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)— (i) the candidate shall repay to the Commission an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received, which shall be used by the Commission to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); and (ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. (4) Prohibiting participation in future elections for candidates with multiple revocations If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. (c) Voluntary withdrawal from participating during qualifying period At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502. (d) Participating Candidate defined In this title, a participating candidate means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. C Requirements for Candidates Certified as Participating Candidates 521. Contribution and expenditure requirements (a) Permitted sources of contributions and expenditures Except as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: (1) Qualified small dollar contributions. (2) Payments under this title. (3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315. (4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). (5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. (6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315. (b) Special rules for personal funds (1) Limit on amount A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate’s certification as a participating candidate) does not exceed $50,000; and (B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (2) Immediate family member defined In this subsection, the term immediate family member means, with respect to a candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (c) Exceptions (1) Exception for contributions received prior to filing of statement of intent A candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are— (A) returned to the contributor; (B) submitted to the Commission, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); or (C) spent in accordance with paragraph (2). (2) Exception for expenditures made prior to filing of statement of intent If a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate. (3) Exception for campaign surpluses from a previous election Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. (4) Exception for contributions received before the effective date of this title Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). (d) Special Rule for Coordinated Party Expenditures For purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (e) Prohibition on joint fundraising committees (1) Prohibition An authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (2) Status of existing committees for prior elections If a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. (f) Prohibition on Leadership PACs (1) Prohibition A candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. (2) Status of existing leadership PACs If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. (3) Leadership PAC defined In this subsection, the term leadership PAC has the meaning given such term in section 304(i)(8)(B). 522. Administration of campaign (a) Separate accounting for various permitted contributions Each authorized committee of a candidate certified as a participating candidate under this title— (1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and (2) shall provide for separate accounting for the payments received under this title. (b) Enhanced disclosure of information on donors (1) Mandatory identification of individuals making qualified small dollar contributions Each authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. (2) Mandatory disclosure through Internet Each authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner. 523. Preventing unnecessary spending of public funds (a) Mandatory spending of available private funds An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). (b) Limitation Subsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title. 524. Remitting unspent funds after election (a) Remittance required Not later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date, which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). (b) Permitting candidates participating in next election cycle To retain portion of unspent funds Notwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. D Enhanced Match Support 531. Enhanced support for general election (a) Availability of Enhanced Support In addition to the payments made under subtitle A, the Commission shall make an additional payment to an eligible candidate under this subtitle. (b) Use of funds A candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved. 532. Eligibility (a) In General A candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000. (4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Commission may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle. (b) Enhanced Support Qualifying Period Described In this subtitle, the term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. 533. Amount (a) In General Subject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or (2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit. (b) Limit The amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000. (c) No Effect on Aggregate Limit The amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c). 534. Waiver of authority to retain portion of unspent funds after election Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1). E Administrative Provisions 541. Source of payments (a) Allocations from State Election Assistance and Innovation Trust Fund The amounts used to make payments to participating candidates under this title who seek office in a State shall be derived from the allocations made to the Commission with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the Fund ) under section 8012 of the Freedom to Vote Act , as provided under section 8005(c) of such Act. (b) Use of allocations to make payments to participating candidates (1) Payments to participating candidates The allocations made to the Commission as described in subsection (a) shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. (2) Mandatory reduction of payments in case of insufficient amounts (A) Advance audits by Commission Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission, in consultation with the Director of the Office of State Democracy Promotion, shall— (i) audit the Fund to determine whether, after first making allocations for payments to States under section 8005(a) of the Freedom to Vote Act , and then making allocations to the Election Assistance Commission under section 8005(b) of such Act, the amount of the allocation made to the Commission with respect to candidates who seek office in a State as described in subsection (a) will be sufficient to make payments to participating candidates in the State in the amounts provided in this title during such election cycle; and (ii) submit a report to Congress describing the results of the audit. (B) Reductions in amount of payments (i) Automatic reduction on pro rata basis If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund for payments to participating candidates in a State with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate in the State under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made to participating candidates in the State with respect to the election cycle will not exceed the amount anticipated to be available for such payments with respect to such election cycle. (ii) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amounts paid to participating candidates in a State with respect to an election cycle under clause (i), the Commission determines that the allocation made to the Commission with respect to candidates in the State as described in subsection (a) is sufficient to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under clause (i) (or any portion thereof, as the case may be). (iii) No use of amounts from other sources In any case in which the Commission determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title, moneys shall not be made available from any other source for the purpose of making such payments. (c) Effective date This section shall take effect on the date of the enactment of this title. 542. Administration through dedicated division within Commission (a) Administration through dedicated division (1) Establishment The Commission shall establish a separate division within the Commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title. (2) Appointment of director and staff Not later than June 1, 2022, the Commission shall appoint a director to head the division established under this section and such other staff as the Commission considers appropriate to enable the division to carry out its duties. (3) Private right of action Any person aggrieved by the failure of the Commission to meet the requirements of this subsection may file an action in an appropriate district court of the United States for such relief, including declaratory and injunctive relief, as may be appropriate. (b) Regulations The Commission, acting through the dedicated division established under this section, shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for verifying the amount of qualified small dollar contributions with respect to a candidate; (2) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (3) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (4) to establish procedures for monitoring the use of payments made from the allocation made to the Commission as described in section 541(a) and matching contributions under this title through audits of not fewer than 1/10 (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than 1/3 ) of all participating candidates or other mechanisms; and (5) to establish rules for preventing fraud in the operation of this title which supplement similar rules which apply under this Act. 543. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a). (b) Repayment for improper use of payments (1) In general If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Commission an amount which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a) and which shall be equal to— (A) the amount of payments so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. (c) Prohibiting certain candidates from qualifying as participating candidates (1) Candidates with multiple civil penalties If the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election. (2) Candidates subject to criminal penalty A candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. (d) Imposition of criminal penalties For criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d). 544. Appeals process (a) Review of Actions Any action by the Commission in carrying out this title shall be subject to review by the United States Court of Appeals for the District of Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which the review is sought. (b) Procedures The provisions of chapter 7 of title 5, United States Code, apply to judicial review under this section. 545. Indexing of amounts (a) Indexing In any calendar year after 2026, section 315(c)(1)(B) shall apply to each amount described in subsection (b) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be 2026. (b) Amounts described The amounts described in this subsection are as follows: (1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment). (2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). (3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). (4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election). (5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate). (6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). (7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). (8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D). 546. Election cycle defined In this title, the term election cycle means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). . 8112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates (a) Authorizing Contributions Only From Separate Accounts Consisting of Qualified small dollar contributions Section 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a contribution to a candidate who is a participating candidate under title V with respect to an election only if the contribution is paid from a separate, segregated account of the committee which consists solely of contributions which meet the following requirements: (A) Each such contribution is in an amount which meets the requirements for the amount of a qualified small dollar contribution under section 504(a)(1) with respect to the election involved. (B) Each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. (C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1). . (b) Permitting Unlimited Coordinated Expenditures From Small Dollar Sources by Political Parties Section 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (3), by striking The national committee and inserting Except as provided in paragraph (6), the national committee ; and (2) by adding at the end the following new paragraph: (6) The limits described in paragraph (3) do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if— (A) the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(10); and (B) the expenditures are the sole source of funding provided by the committee to the candidate. . 8113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election Section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ) is amended by adding at the end the following new subsection: (d) Restrictions on Permitted Uses of Funds by Candidates Receiving Small Dollar Financing Notwithstanding paragraph (2), (3), or (4) of subsection (a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate’s campaign for such office, subject to section 503(b). . 8114. Deadline for regulations Not later than October 1, 2022, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. C Personal Use Services as Authorized Campaign Expenditures 8201. Short title; findings; purpose (a) Short title This subtitle may be cited as the Help America Run Act . (b) Findings Congress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. (2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. (3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. (4) These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2015 survey by the Center for Responsive Politics showed that the median net worth of lawmakers was just over $1 million in 2013, or 18 times the wealth of the typical American household. (5) These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three out of four Members of this Congress are male. The Center for American Women And Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. (6) Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans. (c) Purpose It is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one’s livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans. 8202. Treatment of payments for child care and other personal use services as authorized campaign expenditure (a) Personal use services as authorized campaign expenditure Section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ), as amended by section 8113, is amended by adding at the end the following new subsection: (e) Treatment of payments for child care and other personal use services as authorized campaign expenditure (1) Authorized expenditures For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities. (2) Limitations (A) Limit on total amount of payments The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). (B) Corresponding reduction in amount of salary paid to candidate To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. (C) Exclusion of candidates who are officeholders Paragraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office. (3) Personal use services described The personal use services described in this paragraph are as follows: (A) Child care services. (B) Elder care services. (C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986. (D) Health insurance premiums. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. D Empowering Small Dollar Donations 8301. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts (a) Increase in Limit on Contributions to Candidates Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(2)(A) ) is amended by striking exceed $5,000 and inserting exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000 . (b) Elimination of Limit on Coordinated Expenditures Section 315(d)(5) of such Act ( 52 U.S.C. 30116(d)(5) ) is amended by striking subsection (a)(9) and inserting subsection (a)(9) or subsection (a)(11) . (c) Accounts Described Section 315(a) of such Act ( 52 U.S.C. 30116(a) ), as amended by section 8112(a), is amended by adding at the end the following new paragraph: (11) An account described in this paragraph is a separate, segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) consisting exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200. . (d) Effective Date The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. E Severability 8401. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.
September 15, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2747pcs/xml/BILLS-117s2747pcs.xml |
117-s-2748 | II 117th CONGRESS 1st Session S. 2748 IN THE SENATE OF THE UNITED STATES September 14, 2021 Ms. Cortez Masto (for herself, Mr. Kennedy , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the rules for postponing certain deadlines by reason of disaster.
1. Short title This Act may be cited as the Filing Relief for Natural Disasters Act . 2. Modification of rules for postponing certain deadlines by reason of disaster (a) Authority To postpone Federal tax deadlines by reason of State-Declared disasters Section 7508A of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Special rule for State-Declared disasters (1) In general Upon the written request of the Governor of a State (or the Mayor, in the case of the District of Columbia) in which an emergency or disaster has been declared under State law, subsection (a) shall apply to such State-declared emergency or disaster in the same manner as such subsections apply to federally declared disasters. (2) State For purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. . (b) Mandatory extensions extended to 120 days Section 7508A(e) of such Code, as redesignated by subsection (a), is amended— (1) by striking 60 days in paragraph (1)(B) thereof and inserting 120 days ; and (2) by striking 60 -day in the heading and inserting 120 -day . (c) Effective date The amendments made by this section shall apply to declarations made after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2748is/xml/BILLS-117s2748is.xml |
117-s-2749 | II 117th CONGRESS 1st Session S. 2749 IN THE SENATE OF THE UNITED STATES September 15, 2021 Mrs. Feinstein (for herself and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To prohibit the use of Federal funds to close or relocate the Marine Corps Recruit Depot in San Diego, California.
1. Short title This Act may be cited as the Marine Corps Recruit Depot San Diego Protection Act . 2. Prohibition on closing or relocating Marine Corps Recruit Depot in San Diego, California No Federal funds may be used to close or relocate the Marine Corps Recruit Depot in San Diego, California, or to conduct any planning or other activity related to such closure or relocation. | https://www.govinfo.gov/content/pkg/BILLS-117s2749is/xml/BILLS-117s2749is.xml |
117-s-2750 | II 117th CONGRESS 1st Session S. 2750 IN THE SENATE OF THE UNITED STATES September 15, 2021 Mrs. Fischer (for herself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Conservation, and Energy Act of 2008 to establish a precision agriculture loan program, and for other purposes.
1. Short title This Act may be cited as the Precision Agriculture Loan Program Act of 2021 . 2. Precision agriculture loan program Subtitle F of title I of the Food, Conservation, and Energy Act of 2008 is amended by inserting after section 1614 ( 7 U.S.C. 8789 ) the following: 1614A. Precision agriculture loan program (a) Definitions In this section: (1) Precision agriculture The term precision agriculture means managing, tracking, or reducing crop or livestock production inputs, including seed, feed, fertilizer, chemicals, water, and time, at a heightened level of spatial and temporal granularity to improve efficiencies, reduce waste, and maintain environmental quality. (2) Precision agriculture equipment The term precision agriculture equipment means any equipment or technology that directly contributes to a reduction in, or improved efficiency of, inputs used in crop or livestock production, including— (A) Global Positioning System-based or geospatial mapping; (B) satellite or aerial imagery; (C) yield monitors; (D) soil mapping; (E) sensors for gathering data on crop, soil, or livestock conditions; (F) Internet of Things and telematics technologies; (G) data management software and advanced analytics; (H) network connectivity products and solutions; (I) Global Positioning System guidance or auto-steer systems; (J) variable rate technology for applying inputs, such as section control; and (K) any other technology, as determined by the Secretary, that leads to a reduction in, or improves efficiency of, crop and livestock production inputs, which may include seed, feed, fertilizer, chemicals, water, and time. (b) Program As soon as practicable after the date of enactment of this section, the Secretary shall establish a precision agriculture loan program to encourage the adoption of precision agriculture by providing funds to producers engaged in livestock or crop production for the purchase of precision agriculture equipment. (c) Administration The precision agriculture loan program under this section shall be administered by the Secretary, acting through the Deputy Administrator for Farm Programs of the Farm Service Agency. (d) Eligible producers A precision agriculture loan under this section shall be made available to any producer described in subsection (b) that, as determined by the Secretary— (1) has a satisfactory credit history; (2) will use the loan funds to purchase precision agriculture equipment; and (3) demonstrates an ability to repay the loan. (e) Term of loans A precision agriculture loan under this section shall have a maximum term of 12 years. (f) Loan amount The maximum aggregate loan amount of a precision agriculture loan under this section shall be $500,000. (g) Loan security Approval of a precision agriculture loan under this section shall require the borrower to provide loan security to the Secretary, in the form of— (1) a lien on the precision agriculture equipment being purchased; or (2) such other security as is acceptable to the Secretary. (h) Reporting (1) Definition of recipient producer In this subsection, the term recipient producer means an eligible producer described in subsection (d) that received a precision agriculture loan under this section during the fiscal year covered by the applicable report prepared under paragraph (2). (2) Preparation of report For each fiscal year, the Secretary shall prepare a report that includes— (A) aggregate data based on a review of each outstanding loan made by the Secretary under this section; and (B) a description of— (i) for the United States and for each State and county (or equivalent jurisdiction) in the United States— (I) the age of each recipient producer; (II) the duration during which each recipient producer has engaged in agricultural production; (III) the size of the farm or ranch of each recipient producer; (IV) the total amount provided as loans under this section for each category of equipment or technology described in subparagraphs (A) through (K) of subsection (a)(2) during the fiscal year covered by the report; and (V) the estimated input reduced or environmental benefits received per category of equipment or technology described in those subparagraphs with respect to which a loan was provided under this section during the fiscal year covered by the report or any prior fiscal year, including the estimated input reduced or environmental benefits received per category— (aa) during the fiscal year covered by the report with respect to— (AA) loans provided under this section during that fiscal year; and (BB) loans provided under this section during that fiscal year or any prior fiscal year; and (bb) in the aggregate with respect to all loans provided under this section during or prior to the fiscal year covered by the report; (VI) the race, ethnicity, and gender of each recipient producer; (VII) the 1 or more agricultural commodities or types of enterprise for which each loan provided under this section during the fiscal year was provided; (VIII) the amount of each loan provided under this section during the fiscal year; and (IX) the default rate of the loans made under this section during— (aa) the fiscal year covered by the report; (bb) each preceding fiscal year; and (cc) in the aggregate with respect to all loans provided under this section during or prior to the fiscal year covered by the report; and (ii) for each State and county (or equivalent jurisdiction) in the United States, the number of outstanding loans made under this section, according to the loan size cohort. (3) Submission of report The Secretary shall— (A) not later than 1 year after the date of enactment of this Act, and annually thereafter, submit the report described in paragraph (2) to— (i) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (ii) the Committee on Appropriations of the Senate; (iii) the Committee on Agriculture of the House of Representatives; and (iv) the Committee on Appropriations of the House of Representatives; and (B) not later than 90 days after the date on which the report is submitted under subparagraph (A), make the report publicly available. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2750is/xml/BILLS-117s2750is.xml |
117-s-2751 | II 117th CONGRESS 1st Session S. 2751 IN THE SENATE OF THE UNITED STATES September 15, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish an occupational safety and health standard to protect farmworkers from wildfire smoke and excessive heat, and for other purposes.
1. Short title This Act may be cited as the Farmworker Smoke and Excessive Heat Protection Act of 2021 . 2. Findings Congress finds that, as of the date of enactment of this Act— (1) the wildfire season has increased by over 2 months since the 1970s, and wildfires have become increasingly prevalent across the United States due to prolonged droughts and extreme temperatures; (2) the average annual temperatures in the western United States have increased by 1.9 degrees Fahrenheit since 1970; (3) wildfire smoke often contains toxic chemicals and particulates, creating hazardous air quality conditions; (4) wildfire smoke often persists for extended periods of time and can travel hundreds of miles; (5) wildfire smoke inhalation is harmful to human health, particularly for vulnerable populations, including outdoor workers; (6) excessive heat poses a potentially deadly threat to those without protection from the heat, including outdoor workers; and (7) more than 100 people died during the June 2021 heat wave in Oregon, including a farmworker. 3. Occupational safety and health standard to protect farmworkers from wildfire smoke and excessive heat (a) Definitions In this section: (1) Agricultural operation employer The term agricultural operation employer means an employer, as defined in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ), engaged in farming or agricultural operation. (2) Excessive heat The term excessive heat includes outdoor or indoor exposure to heat at a level that exceeds the capacities of the body to maintain normal body functions and may cause heat-related injury, illness, or fatality (including heat stroke, heat exhaustion, heat syncope, heat cramps, or heat rashes). (3) Farmworker The term farmworker means an employee, as defined in section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652 ), engaged in farming or other agricultural work for an agricultural operation employer. (4) Secretary The term Secretary means the Secretary of Labor. (b) Initial occupational safety and health standard (1) In general During the period beginning on the date of enactment of this Act and ending on the date of the promulgation of the occupational safety and health standard under subsection (c), the Secretary shall deem the initial standard to protect farmworkers from wildfire smoke and excessive heat described in paragraph (2) to be an occupational safety and health standard under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ). (2) Contents of initial standard The initial standard described in this subsection shall require that an agricultural operation employer— (A) provide farmworkers with appropriate equipment to protect from wildfire smoke when air quality at the workplace reaches a level determined by the Secretary to be dangerous to human health; (B) ensure that the equipment provided under subparagraph (A) includes a N95 respirator or N100 respirator or other equipment certified by the National Institute for Occupational Safety and Health to protect from wildfire smoke exposure; (C) require mandatory use of the equipment described in subparagraphs (A) and (B) when air quality at the workplace reaches an extremely dangerous level, as determined by the Secretary; (D) provide farmworkers with appropriate equipment to protect from excessive heat when the heat reaches a level determined by the Secretary to be dangerous to health; (E) ensure that the equipment provided under subparagraph (D) includes water and cooling facilities to protect from excessive heat; (F) require mandatory use of the equipment described in subparagraphs (D) and (E) when the excessive heat reaches an extremely dangerous level, as determined by the Secretary; and (G) provide, with protective equipment provided under any of subparagraphs (A) through (F)— (i) training and education materials to farmworkers, in a language understood by the farmworkers, regarding— (I) how to properly use the protective equipment; (II) how long and under what conditions the protective equipment is effective; and (III) the potential health impacts of breathing wildfire smoke without proper protection or the signs of heat illness, as applicable; and (ii) an opportunity for the farmworkers to ask questions and receive responses regarding the training and education materials described in clause (i); and (H) require that, once the air quality or heat level has reached a dangerous or extremely dangerous level, as determined by the Secretary under subparagraph (A), (C), (D), or (F), farmworkers be provided mandatory rest breaks— (i) of at least 10 minutes every 2 hours; and (ii) in shaded areas where the exposure to smoke is decreased or the temperature is decreased, as applicable. (3) Enforcement The initial standard described in this subsection shall be enforced in the same manner as a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), including the prohibition on discrimination under section 11(c) of such Act ( 29 U.S.C. 660(c) ). (c) Occupational safety and health standard (1) In general By not later than 90 days after the date of enactment of this Act, the Secretary shall begin promulgating an occupational safety and health standard under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ) to protect farmworkers from wildfire smoke and excessive heat. (2) Requirements The standard promulgated under paragraph (1) shall— (A) provide safety and health protections for farmworkers working for agricultural operation employers that provide at least the same level of health and safety protection as the requirements under subsection (b)(2); (B) provide no less protection than the most protective smoke or heat protection standard adopted by a State; (C) detail the potential health impacts of breathing wildfire smoke without proper protection; and (D) detail the potential health impacts of working in excessive heat without proper protection. (d) Collaboration and technical assistance (1) In general An agricultural operation employer may seek advice or assistance from the Secretary of Labor or a State or local health department regarding the equipment and training and education materials needed to meet the requirements under subsection (b)(2) (or any similar requirement of a standard promulgated under subsection (c)). (2) Department of Labor duties (A) In general The Secretary shall— (i) provide technical assistance, upon the request of an agricultural operation employer, regarding how to meet the employer requirements of this section; and (ii) develop sample training and education materials that may be used by agricultural operation employers to meet the requirements of subsection (b)(2)(G) (or any similar requirement of a standard promulgated under subsection (c)). (B) Collaboration In developing training and education materials under subparagraph (A), the Secretary shall— (i) work with community organizations for hard-to-reach farmworkers due to geographic isolation, language barriers, or literacy issues; and (ii) seek input in the development of the training and education materials in alternative languages, including indigenous languages. (3) Collaboration with community organizations The Secretary may, upon request, provide the training and educational materials developed under paragraph (2)(B) to relevant community and nonprofit organizations. | https://www.govinfo.gov/content/pkg/BILLS-117s2751is/xml/BILLS-117s2751is.xml |
117-s-2752 | II 117th CONGRESS 1st Session S. 2752 IN THE SENATE OF THE UNITED STATES September 15, 2021 Mr. Booker (for himself, Mr. Whitehouse , Ms. Cortez Masto , Mr. Merkley , Ms. Klobuchar , Mrs. Feinstein , Mr. Blumenthal , Mrs. Gillibrand , Mr. Padilla , Mr. Murphy , Ms. Duckworth , Mrs. Shaheen , Ms. Smith , Ms. Hirono , Mr. Durbin , Mr. Van Hollen , Mr. Coons , Ms. Stabenow , Mr. Carper , Mr. Sanders , Ms. Cantwell , Mr. Brown , Mr. Menendez , Ms. Baldwin , Mr. Reed , Mr. Markey , Ms. Warren , Mr. Luján , Mrs. Murray , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Religious Freedom Restoration Act of 1993 to protect civil rights and otherwise prevent meaningful harm to third parties, and for other purposes.
1. Short title This Act may be cited as the Do No Harm Act . 2. Sense of Congress It is the sense of Congress that— (1) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose the religious views, habits, or practices of one party upon another; (2) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption from generally applicable law if the exemption would impose meaningful harm, including dignitary harm, on a third party; and (3) the Religious Freedom Restoration Act of 1993 should not be interpreted to authorize an exemption for one party from generally applicable law if the exemption would permit discrimination against others, including persons who do not belong to the religion or adhere to the beliefs of that party. 3. Exception from application of Act where Federal law prevents harm to others Section 3 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1 ) is amended by adding at the end the following: (d) Additional exception from application of Act where Federal law prevents harm to others Subsection (a) shall not apply— (1) to any provision of law or its implementation that provides for or requires— (A) a protection against discrimination or the promotion of equal opportunity, including the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq. ), Executive Order 11246 ( 42 U.S.C. 2000e note; relating to equal opportunity in Federal employment), the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 et seq. ), the final rule, including any amendment made by such rule, of the Department of Housing and Urban Development entitled Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity (77 Fed. Reg. 5662 (February 3, 2012)) (or any corresponding similar regulation or ruling), or section 5.106 of title 24, Code of Federal Regulations (or any corresponding similar regulation or ruling); (B) an employer to provide a wage, other compensation, or a benefit including leave, or a standard protecting collective activity in the workplace; (C) protection against child labor, child abuse, or child exploitation; or (D) access to, information about, a referral for, provision of, or coverage for, any health care item or service; (2) to any term of a government contract, grant, cooperative agreement, or other instrument for an award, that requires a good, service, function, or activity to be performed for or provided to a beneficiary of or participant in a program or activity funded by such a government contract, grant, cooperative agreement, or other instrument for an award; or (3) to the extent that application would result in denying a person the full and equal enjoyment of a good, service, benefit, facility, privilege, advantage, or accommodation provided by the government. . 4. Clarification of preclusion of litigation between private parties (a) Purpose The purpose of the amendment made by subsection (b) is to clarify the applicability of the Religious Freedom Restoration Act of 1993, as enacted. (b) Preclusion Section 3(c) of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–1(c) ) is amended, in the first sentence, by striking judicial proceeding and all that follows and inserting judicial proceeding to which the government is a party and obtain appropriate relief against that government. . | https://www.govinfo.gov/content/pkg/BILLS-117s2752is/xml/BILLS-117s2752is.xml |
117-s-2753 | II 117th CONGRESS 1st Session S. 2753 IN THE SENATE OF THE UNITED STATES September 15, 2021 Mr. Padilla (for himself, Mr. Paul , Mr. Durbin , Ms. Collins , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to authorize lawful permanent resident status for certain college graduates who entered the United States as children, and for other purposes.
1. Short title This Act may be cited as the America’s Children Act or the Protecting Children of Long-term Visa Holders Act of 2021 . 2. Permanent resident status for certain college graduates who entered the United States as children (a) Requirements Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Alien who— (i) is not inadmissible under section 212(a) or deportable under section 237(a); (ii) was admitted to the United States as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under section 214 or as a dependent child of a nonimmigrant with status under section 101(a)(15)(E), and was lawfully present in the United States pursuant to such status for an aggregate period of not less than 4 years; (iii) had at the time of the application been lawfully present in the United States for an aggregate period of not less than 10 years; and (iv) has graduated from an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )) in the United States. . (b) Petition Section 204(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1) ) is amended by adding at the end the following: (M) Any alien entitled to classification under section 201(b)(1)(F) may file a petition with the Secretary of Homeland Security for such classification. . 3. Age-out protections (a) Age-Out protections for immigrants (1) In general Section 101(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b) ) is amended by adding at the end the following— (6) A determination of whether an alien is a child shall be made as follows: (A) For purposes of a petition under section 204 and a subsequent application for an immigrant visa or adjustment of status, such determination shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security or the date on which an application for a labor certification under section 212(a)(5)(A)(i) is filed with the Secretary of Labor, whichever is earlier. (B) For purposes of a petition under section 214(d) and a subsequent application for adjustment of status under section 245(d), such determination shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security. (C) In the case of a petition under section 204 filed for an alien’s classification as a married son or daughter of a United States citizen under section 203(a)(2), if the petition is later converted, due to the legal termination of the alien’s marriage, to a petition to classify the alien as an immediate relative under paragraph (2)(A)(i) or as an unmarried son or daughter of a United States citizen under section 203(a)(1), the determination of the alien’s age shall be made using the age of the alien on the date of the termination of the marriage. . (2) Technical and conforming amendment Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended by striking subsection (f). (3) Effective date (A) In general The amendments made by this section shall be effective as if included in the Child Status Protection Act ( Public Law 107–208 ; 116 Stat. 927). (B) Motion to reopen or reconsider A motion to reopen or reconsider the denial of a petition or application described in the amendments made by paragraph (1) that would have been approved if the amendments described in such paragraph had been in effect at the time of adjudication of the petition or application may be granted if such motion is filed with the Secretary of Homeland Security or the Attorney General not later than the date that is 2 years after the date of the enactment of this Act. (b) Age-Out protections for nonimmigrants Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is further amended by adding at the end the following: (s) An alien who entered the United States as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or as a nonimmigrant described in section 101(a)(15)(E), and who is the principal or derivative beneficiary of a properly filed pending or approved petition under section 204, shall be entitled to retain derivative nonimmigrant status notwithstanding any time or age limitations until the petition is denied or the alien receives the status of alien lawfully admitted to permanent residence. . (c) Employment authorization Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by subsection (b), is further amended by adding at the end the following: (t) The Secretary of Homeland Security shall authorize an alien who entered the United States as a dependent child of a nonimmigrant admitted pursuant to an approved employer petition under this section or as a nonimmigrant described in section 101(a)(15)(E), and who is the derivative beneficiary of a properly filed pending or approved petition under section 204, to engage in employment in the United States, and shall provide such alien with an employment authorized endorsement or other appropriate work permit. . 4. Priority date retention Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended to read as follows: (h) Retention of priority dates The priority date for an individual shall be the date that a petition under section 204 is filed with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless such petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. The principal beneficiary and all derivative beneficiaries shall retain the priority date associated with the earliest of any approved petition or labor certification and such priority date shall be applicable to any subsequently approved petition. . | https://www.govinfo.gov/content/pkg/BILLS-117s2753is/xml/BILLS-117s2753is.xml |
117-s-2754 | II 117th CONGRESS 1st Session S. 2754 IN THE SENATE OF THE UNITED STATES September 15, 2021 Ms. Klobuchar (for herself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide funding for the deployment of Next Generation 9–1–1, and for other purposes.
1. Deployment of Next Generation 9–1–1 (a) Appropriation (1) In general In addition to amounts otherwise available, there is appropriated to the Assistant Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available until September 30, 2030, to make grants to eligible entities for implementing Next Generation 9–1–1, operating and maintaining Next Generation 9–1–1, training directly related to implementing, maintaining, and operating Next Generation 9–1–1, if the cost related to such training does not exceed 3 percent of the total grant award, and planning and implementation activities, if the cost related to such planning and implementation does not exceed 1 percent of the total grant award. (2) Administrative expenses Of the amount appropriated in this subsection, the Assistant Secretary may use not more than 2 percent to implement and administer this section. (3) Rulemaking required Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall, after public notice and opportunity for comment, issue rules to implement this section. (b) Eligibility (1) In general The Assistant Secretary shall not make a grant under this section to any eligible entity unless such entity certifies to the Assistant Secretary that— (A) no portion of any 9–1–1 fee or charge imposed by the eligible entity, or (in the case that the eligible entity is not a covered State or Tribal organization) any State or taxing jurisdiction within which the eligible entity will carry out activities using grant funds, will be obligated or expended for any purpose or function other than a purpose or function for which the obligation or expenditure of such a fee or charge is acceptable (as determined by the Federal Communications Commission pursuant to the rules issued under section 6(f)(3) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(3) ), as such rules are in effect on the date on which the eligible entity makes the certification) during any period during which the funds from the grant are available to the eligible entity; (B) any funds received by the eligible entity will be used to support the deployment of Next Generation 9–1–1 in a manner that ensures reliability, interoperability, and requires the use of commonly accepted standards; (C) the eligible entity has established, or commits to establish not later than 3 years after the date on which the funds are distributed to the eligible entity, a sustainable funding mechanism for Next Generation 9–1–1 and effective cybersecurity for Next Generation 9–1–1; and (D) no funds received by the eligible entity will be used to purchase, rent, lease, or otherwise obtain covered communications equipment or services (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 )). (2) Other requirements The Assistant Secretary shall not make a grant under this section to an eligible entity unless such entity certifies to the Assistant Secretary that— (A) the eligible entity, and (in the case that the eligible entity is not a covered State or Tribal organization) any covered State within which the eligible entity will carry out activities using grant funds, has designated a single officer or governmental body to serve as the point of contact to coordinate the implementation of Next Generation 9–1–1 for such covered State or Tribal organization; and (B) the eligible entity has developed and submitted a plan for the coordination and implementation of Next Generation 9–1–1 consistent with the requirements of the Assistant Secretary that, at a minimum— (i) ensures interoperability, reliability, resiliency, and the use of commonly accepted standards; (ii) enables emergency communications centers to process, analyze, and store multimedia, data, and other information; (iii) incorporates cybersecurity tools, including intrusion detection and prevention measures; (iv) includes strategies for coordinating cybersecurity information sharing between Federal, covered State, Tribal, and local government partners; (v) includes a governance body or bodies, either by creation of a new body or bodies or use of an existing body or bodies, for the development and deployment of Next Generation 9–1–1; (vi) creates efficiencies related to Next Generation 9–1–1 functions, including the virtualization and sharing of infrastructure, equipment, and services; and (vii) utilizes an effective, competitive approach to establishing authentication, credentialing, secure connections, and access in deploying Next Generation 9–1–1, including by— (I) requiring certificate authorities to be capable of cross-certification with other authorities; (II) avoiding risk of a single point of failure or vulnerability; and (III) adhering to Federal agency best practices such as those promulgated by the National Institute of Standards and Technology. (3) Return of funding If, after making a grant award to an eligible entity under subsection (a), the Assistant Secretary determines that such eligible entity has acted in a manner not in accordance with the certifications required under this subsection, the Assistant Secretary shall, after affording due process, rescind such grant award and recoup funds from such eligible entity. (c) Oversight In addition to amounts otherwise available, there is appropriated to the Inspector General of the Department of Commerce for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until September 30, 2030, to conduct oversight to combat waste, fraud, and abuse of grant awards made under this section. 2. Establishment of Next Generation 9–1–1 Cybersecurity Center In addition to amounts otherwise available, there is appropriated to the Assistant Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $80,000,000, to remain available until September 30, 2030, to establish a Next Generation 9–1–1 Cybersecurity Center to coordinate with covered State, local, and regional governments on the sharing of cybersecurity information about, the analysis of cybersecurity threats to, and guidelines for strategies to detect and prevent cybersecurity intrusions relating to Next Generation 9–1–1. 3. Public Safety Next Generation 9–1–1 Advisory Board In addition to amounts otherwise available, there is appropriated to the Assistant Secretary for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $10,000,000, to remain available until September 30, 2030, to establish a 16-member Public Safety Next Generation 9–1–1 Advisory Board (in this section referred to as the Board ), to be comprised of representatives of public safety organizations, to provide recommendations to the Assistant Secretary with respect to carrying out the duties and responsibilities of the Assistant Secretary related to Next Generation 9–1–1, including with respect to the grant program established pursuant to section 31101. 4. Definitions In this Act: (1) 9–1–1 fee or charge The term 9–1–1 fee or charge has the meaning given such term in section 6(f)(3)(D) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(3)(D) ). (2) Assistant secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (3) Commonly accepted standards The term commonly accepted standards means the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity that— (A) enable interoperability; and (B) are— (i) developed and approved by a standards development organization that is accredited by a United States or international standards body in a process that— (I) is open to the public, including open for participation by any organization; and (II) provides for a conflict resolution process; (ii) subject to an open comment and input process before being finalized by the standards development organization; (iii) consensus-based; and (iv) made publicly available once approved. (4) Cost related to planning and implementation The term cost related to planning and implementation means any cost incurred by an eligible entity related to planning for and preparing an application and related materials as required under this Act. (5) Covered State The term covered State means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States. (6) Eligible entity The term eligible entity — (A) means a covered State or a Tribal organization; and (B) may be an entity, including a public authority, board, or commission, established by one or more entities described in subparagraph (A). (7) Emergency communications center (A) In general The term emergency communications center — (i) means a facility that— (I) is designated to receive a 9–1–1 request for emergency assistance; and (II) performs one or more of the functions described in subparagraph (B); and (ii) may be a public safety answering point, as defined in section 222 of the Communications Act of 1934 ( 47 U.S.C. 222 ). (B) Functions described The functions described in this subparagraph are the following: (i) Process and analyze 9–1–1 requests for emergency assistance and information and data related to such requests. (ii) Dispatch appropriate emergency response providers. (iii) Transfer or exchange 9–1–1 requests for emergency assistance and information and data related to such requests with one or more facilities described under this paragraph and emergency response providers. (iv) Analyze any communications received from emergency response providers. (v) Support incident command functions. (8) Interoperable; interoperability The term interoperable or interoperability means the capability of emergency communications centers to receive 9–1–1 requests for emergency assistance and information and data related to such requests, such as location information and callback numbers from a person initiating the request, and then process and share the 9–1–1 requests for emergency assistance and information and data related to such requests with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction, equipment, device, software, service provider, or other factors. (9) Next generation 9–1–1 The term Next Generation 9–1–1 means an interoperable, secure, Internet Protocol-based system that— (A) employs commonly accepted standards; (B) enables emergency communications centers to receive, process, and analyze all types of 9–1–1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9–1–1 requests for emergency assistance; and (D) supports sharing information related to 9–1–1 requests for emergency assistance among emergency communications centers and emergency response providers. (10) Public safety organization The term public safety organization means an organization that represents the interests of personnel in— (A) local law enforcement; (B) fire and rescue; (C) emergency medical service; or (D) 9–1–1 services. (11) Reliability The term reliability means the employment of sufficient measures to ensure the ongoing operation of Next Generation 9–1–1, including through the use of geo-diverse, device- and network-agnostic elements that provide more than one physical route between end points with no common points where a single failure at that point would cause the operation of Next Generation 9–1–1 to fail. (12) State or taxing jurisdiction The term State or taxing jurisdiction has the meaning given such term in section 6(f)(3)(D) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(3)(D) ). (13) Sustainable funding mechanism The term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses, including operations, maintenance, and upgrades. | https://www.govinfo.gov/content/pkg/BILLS-117s2754is/xml/BILLS-117s2754is.xml |
117-s-2755 | II 117th CONGRESS 1st Session S. 2755 IN THE SENATE OF THE UNITED STATES September 15, 2021 Mr. Heinrich introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Education to award grants to States to empower public institutions of higher education in the States to provide student support services to students from low-income backgrounds, historically underrepresented students, first-generation college enrollees, parenting students, students with disabilities, and student veterans.
1. Short title This Act may be cited as the College Completion Fund Act of 2021 . 2. Higher education college completion fund program (a) Purpose It is the purpose of this Act to support completion and retention activities designed to ensure the postsecondary success of students from low-income backgrounds, historically underrepresented students, first-generation college enrollees, parenting students, students with disabilities, and student veterans in public institutions of higher education serving a significant number of such students. (b) Definitions In this Act: (1) Completion rate The term completion rate means— (A) the percentage of students from an initial cohort enrolled at a public institution of higher education in the State that is a 2-year institution who have graduated from the institution or transferred to a 4-year institution of higher education; or (B) the percentage of students from an initial cohort enrolled at a public institution of higher education in the State that is a 4-year institution who have graduated from the institution. (2) Eligible indian entity The term eligible Indian entity means the entity responsible for the governance, operation, or control of a Tribal College or University. (3) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Secretary The term Secretary means the Secretary of Education. (5) State service provider The term State service provider means a nonprofit organization that receives Federal funding or State funding to provide services commensurate with guidelines for those services and is in good standing with regard to such funding. (6) Tribal College or University The term Tribal College or University has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (c) Authorization of completion fund (1) Reservation of funds for eligible indian entities From the total amount appropriated to carry out this section for a fiscal year, the Secretary shall reserve 2 percent for grants to eligible Indian entities to increase participation and completion rates of students from low-income backgrounds, historically underrepresented students, first-generation college enrollees, parenting students, students with disabilities, and student veterans. (2) Grant authorization The Secretary shall make grants, from allotments under paragraph (3), to States to enable the States to distribute funds to participating public institutions of higher education in the State to provide student support services to increase participation, retention, and completion rates of students from low-income backgrounds, historically underrepresented students, first-generation college enrollees, parenting students, students with disabilities, and student veterans. (3) Determination of allotment (A) Amount of allotment From the total amount appropriated to carry out this section for a fiscal year and not reserved under paragraph (1), the Secretary shall allot to each State having an application approved under this section an amount, subject to subparagraph (B), that shall be equal to the sum of— (i) the amount that bears the same relation to 50 percent of the amount appropriated and not reserved for such fiscal year as the number of residents in the State aged 5 through 17 who are living below the poverty line applicable to the resident’s family size (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) bears to the total number of such residents in all States; and (ii) the amount that bears the same relation to 50 percent of the amount appropriated and not reserved for such fiscal year as the number of residents in the State aged 15 through 44 who are living below the poverty line applicable to the individual’s family size (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) bears to the total number of such residents in all States. (B) Minimum amount The allotment for each State under this section for a fiscal year shall not be an amount that is less than 1.0 percent of the total amount appropriated to carry out this section for the fiscal year and not reserved under paragraph (1). (4) Set asides (A) Evidence-based student success programs Each State that receives a grant under this section shall set aside not less than 20 percent of grant funds for evidence-based student success programs, which are programs designed to improve persistence, credit accumulation, completion, or career success, carried out by an institution and that— (i) meet— (I) the requirements for evaluation as described in subsection (a)(2)(B) of section 4611 of the Elementary and Secondary Education Act, as amended ( 20 U.S.C. 7261(a)(2)(B) ); or (II) the requirements for evaluation as described in subsection (a)(2)(C) of section 4611 of the Elementary and Secondary Education Act, as amended ( 20 U.S.C. 7261(a)(2)(C) ); and (ii) provide students with a program advisor to each eligible student participating in such program who provides comprehensive academic and personal advising to the eligible student, including monitoring of academic progress of the eligible student, and may provide each eligible student with financial incentives, such as tuition assistance, transportation assistance or a gas card, free tutoring and career services (which can include benefit counseling) to eligible students in order to create a community with eligible student participating in such program. (B) Permissive Each State that receives a grant under this section may set aside— (i) not more than 5 percent of grant funds for administration, capacity building, research, evaluation, and reporting; and (ii) not more than 2 percent of grant funds for technical assistance to State service providers. (d) State strategic plans (1) In general A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a State strategic plan. (2) Development of state strategic plan Each State strategic plan shall be developed with input from each of the following: (A) 2-year public institutions of higher education in the State. (B) 4-year public institutions of higher education in the State. (C) The State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 ). (D) A Tribal College or University with a campus located in the State. (E) State service providers. (F) The State department with jurisdiction over children, youth, and family services. (3) Content of state strategic plan Each State strategic plan shall include the following: (A) Information on the state of the public institutions of higher education in the State, including the following: (i) A description of the distribution of funds to be provided from the grant to participating public institutions of higher education in the State. (ii) A strategy for adopting a diverse portfolio of promising and evidence-based practices. (iii) Annual benchmarks for student outcomes. (iv) Information about the evaluation of interventions proposed to be funded by the grant. (v) A description of the State’s plan for an equity audit of higher education financing. (vi) Rates of enrolled students who received a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ). (vii) Demographics of enrolled students, including students from low-income backgrounds, historically underrepresented students, first-generation college enrollees, parenting students, students with disabilities, and student veterans. (B) A plan to increase student attainment and completion rates or graduation rates of all students enrolled at public institutions of higher education in the State, with a particular focus on students from students from low-income backgrounds, historically underrepresented students, first-generation college enrollees, parenting students, students with disabilities, and student veterans through student support services, cross-agency engagement, and collaboration among 2-year programs, 4-year programs, and workforce systems. (e) Institutional participation (1) Eligibility A public institution of higher education that desires to receive assistance under a grant made under this section shall submit to the State in which the institution is located a notification that the institution desires to opt into participation under this section. (2) Development of strategic plan A State that desires to receive a grant under this section shall solicit input from public institutions of higher education in the State in the development of the State strategic plan. (3) Institutional support A State that receives a grant under this section shall not limit student support services to students enrolled at public institutions of higher education in the State that participated in the development of the State strategic plan, but shall provide student support services to students enrolled in participating public institutions of higher education in the State. (f) Use of funds A State that receives a grant under this section shall distribute funds to participating institutions of higher education in the State for evidence-based and promising practices in improving retention and completion rates, including the following: (1) Student support services to support retention, completion, and success, including— (A) faculty and peer counseling; (B) use of real-time data on student progress; and (C) incentives for students to stay on track. (2) Direct student support services, including— (A) transportation accessibility; (B) room and board or assistance to address housing instability; (C) addressing food instability; (D) remedial education; (E) tutoring, academic supports, and enrichment services; and (F) emergency financial assistance. (3) Access to health care and mental health services on or near campus. (4) Support helping students enroll in public benefits. (5) Issues with respect to dependents of students, including— (A) high-quality daycare and prekindergarten access during traditional school hours; (B) childcare access during non-traditional hours; and (C) prenatal and early childhood education classes. (6) Development of soft skills. (7) Career coaching, career counseling and planning services, and efforts to lower student to advisor ratios, including— (A) networking and work-based learning opportunities to support the development of skills and relationships; and (B) boosting experiences necessary to obtain and succeed in high-quality jobs. (8) Reforms to developmental education, including— (A) utilizing career pathways; and (B) improving transfer student success. (9) Efforts to recruit, retain, and develop diverse faculty and other instructional staff. (g) Evaluation and reporting (1) Designation of independent agency The State department with jurisdiction over higher education in each State that receives a grant under this section shall designate an independent agency to compile and evaluate data linked to institutional programs and student outcomes funded with grant funds. (2) Compilation of information Each independent agency designated under paragraph (1) shall compile longitudinal data tracking student participant outcomes, including the following: (A) Graduation rates, disaggregated by age (25-years of age and younger, and older than 25-years of age), gender, income, race and ethnicity, and first-generation college status— (i) at 100 percent of the normal time for graduation; (ii) at 150 percent of the normal time for graduation; and (iii) at 200 percent of the normal time for graduation. (B) Transfer out rates, disaggregated by age (25-years of age and younger, and older than 25-years of age), gender, income, race and ethnicity, and first-generation college status. (C) Withdrawal rates, including rates of students who withdraw to seek employment in a related field of study. (D) The percentage of students who continue enrollment at the institution after the first year of enrollment. (E) The median time to degree completion. (F) Career outcomes and employment data, which may include earnings, within 1 year of completion, within 3 years of completion, and within 5 years of completion. (G) Career outcomes and employment data for student participants who did not complete the program in which the student was enrolled within 1 year of leaving the program, within 3 years of leaving the program, and within 5 years of leaving the program. (3) Techniques Each independent agency designated under paragraph (1) shall evaluate the academic outcomes using quasi-experimental techniques. (4) Report Each independent agency designated under paragraph (1) shall submit to the State department with jurisdiction over higher education a report that includes findings of the data compiled under paragraph (2). (5) Report to Congress Each State department with jurisdiction over higher education that receives a report under paragraph (4) shall submit the report to the Department of Education and the authorizing committees, as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ), at such time and in such matter as the Secretary of Education determines appropriate. (6) Exclusions Each independent agency designated under paragraph (1) shall not track data with respect to individuals who transfer, move, or seek employment outside of the State. (h) Maintaining net State operating support for higher education (1) In general A State that receives a grant under this section shall maintain net State operating support for higher education for each fiscal year for which the State receives a grant under this section at a level that is not less than the level that is equal to the average of such net State operating support for higher education for the 3 fiscal years preceding such fiscal year. (2) Waivers (A) In general The Secretary may grant a waiver to a State from the requirement under paragraph (1) for a fiscal year if the State demonstrates that— (i) the net State operating support for higher education for such fiscal year as a percentage of total revenue available to the State that will fund higher education for such fiscal year is not less than such percentage for the previous fiscal year; and (ii) unexpected or uncontrollable circumstances prevent the State from maintaining such State support. (B) No reduction for subsequent fiscal year If the Secretary grants a State a waiver under subparagraph (A) for a fiscal year, a determination of the required level of net State operating support for higher education for subsequent fiscal years shall exclude the fiscal year for which the waiver was granted. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $62,000,000,000 for the period of fiscal years 2022 through 2031. | https://www.govinfo.gov/content/pkg/BILLS-117s2755is/xml/BILLS-117s2755is.xml |
117-s-2756 | II 117th CONGRESS 1st Session S. 2756 IN THE SENATE OF THE UNITED STATES September 15, 2021 Mr. Daines (for himself, Ms. Warren , Mrs. Blackburn , Mr. Blumenthal , Mr. Scott of Florida , Mr. Markey , Mr. Romney , Mr. Kaine , Mr. Lankford , Mr. Van Hollen , Mrs. Capito , Mr. Cardin , Mr. Cramer , Mr. Bennet , Mr. Risch , Ms. Smith , Mrs. Hyde-Smith , Ms. Rosen , Mr. Marshall , Mrs. Feinstein , Mr. Young , Mrs. Shaheen , Mr. Hagerty , Ms. Hassan , Mr. Crapo , Mr. Brown , Mr. Hoeven , Mr. Padilla , Ms. Lummis , Mr. Warner , Mr. Barrasso , Ms. Baldwin , Mr. Sanders , Mr. Thune , and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To posthumously award a Congressional Gold Medal, in commemoration of the service members who perished as a result of the attack in Afghanistan on August 26, 2021, during the evacuation of citizens of the United States and Afghan allies at Hamid Karzai International Airport, and for other purposes.
1. Findings Congress finds the following: (1) At 9:44 a.m., on August 26, 2021, the Pentagon confirmed that one explosion occurred at the Hamid Karzai International Airport. (2) The explosion was confirmed to be a suicide bombing by ISIS–K terrorist group. (3) Estimates as high as 200 deaths were reported, including 13 service members of the United States, as well as hundreds more wounded. (4) The attack on Thursday, August 26, 2021, at the Hamid Karzai International Airport in Kabul, Afghanistan, killed 13 United States service members, making it the deadliest single day of the war for the United States in more than a decade. (5) The American service members went above and beyond the call of duty to protect citizens of the United States and our allies to ensure they are brought to safety in an extremely dangerous situation as the Taliban regained control over Afghanistan. (6) The American service members exemplified extreme bravery and valor against armed enemy combatants. (7) The American service members dedicated their lives and their heroism deserves great honor. (8) Maxton Soviak, Kareem Nikoui, David Espinoza, Rylee McCollum, Jared Schmitz, Hunter Lopez, Taylor Hoover, Daegan William-Tyeler Page, Nicole Gee, Humberto Sanchez, Dylan Merola, Johanny Rosario Pichardo, and Ryan Knauss have been identified as the 13 service members who died from the blast while stationed at Hamid Karzai International Airport. 2. Congressional Gold Medal (a) Presentations authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a single gold medal of appropriate design in commemoration of the 13 service members who perished as a result of the attack in Afghanistan, on August 26, 2021. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution shall make the gold medal received under paragraph (1) available for display outside of the District of Columbia at times, particularly at other locations associated with the 13 service members who perished in Afghanistan on August 26, 2021. 3. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 4. Status of medals (a) National medals The medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 5. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale The amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s2756is/xml/BILLS-117s2756is.xml |
117-s-2757 | II 117th CONGRESS 1st Session S. 2757 IN THE SENATE OF THE UNITED STATES September 20, 2021 Ms. Smith (for herself, Mr. Rounds , Ms. Cortez Masto , Mrs. Gillibrand , Ms. Warren , Ms. Baldwin , Mrs. Feinstein , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To amend the Indian Self-Determination and Education Assistance Act to allow the Secretary of Agriculture to enter into self-determination contracts with Indian Tribes and Tribal organizations to carry out supplemental nutrition assistance programs.
1. Short title This Act may be cited as the SNAP Tribal Food Sovereignty Act of 2021 . 2. Self-determination for SNAP Title I of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5321 et seq. ) is amended by adding at the end the following: 112. Self-determination for SNAP (a) Agriculture Self-Determination authorized The Secretary of Agriculture shall enter into self-determination contracts, in accordance with subsection (b), with Indian Tribes and Tribal organizations, on the request of any Indian Tribe by Tribal resolution, to plan, conduct, and administer any function, service, or activity of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) for the Indian Tribe. (b) Self-Determination contract A self-determination contract entered into under subsection (a) shall have the same terms and conditions, and be subject to the same procedures, regulations, and requirements, as a self-determination contract entered into under section 102, except that the Secretary of Agriculture and the Department of Agriculture shall be the appropriate Secretary and agency for purposes of a self-determination contract under this section. (c) Technical assistance The Office of Self-Governance of the Bureau of Indian Affairs shall provide technical assistance regarding the self-determination contracts authorized under this section to— (1) the Secretary of Agriculture; and (2) Indian Tribes and Tribal organizations that request that assistance. . | https://www.govinfo.gov/content/pkg/BILLS-117s2757is/xml/BILLS-117s2757is.xml |
117-s-2758 | II 117th CONGRESS 1st Session S. 2758 IN THE SENATE OF THE UNITED STATES September 20, 2021 Mr. Brown (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to impose an excise tax on stock buybacks of publicly traded corporations.
1. Short title This Act may be cited as the Stock Buyback Accountability Act of 2021 . 2. Excise tax on repurchase of corporate stock (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: 37 Repurchase of corporate stock Sec. 4501. Repurchase of corporate stock. 4501. Repurchase of corporate stock (a) General rule There is hereby imposed on each covered corporation a tax equal to 2 percent of the value of any stock of the corporation repurchased by such corporation during the taxable year. (b) Covered corporation For purposes of this section, the term covered corporation means— (1) any domestic corporation the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)), and (2) any surrogate foreign corporation (as determined under section 7874(a)(2)(B)) the stock of which is traded on an established securities market (within the meaning of section 7704(b)(1)). (c) Repurchase For purposes of this section— (1) In general (A) In general The term repurchase means a redemption within the meaning of section 317(b) (applied as provided in subparagraph (B)) or any similar transaction (as determined by the Secretary) with regard to the stock of a covered corporation. (B) Application to economically equivalent transactions For purposes of applying section 317(b) to this section— (i) the acquisition by a corporation of the right to acquire its stock, and (ii) to the extent provided by the Secretary, any transaction economically similar to the acquisition by a corporation of its stock, shall be treated in the same manner as the acquisition by a corporation of its stock under such section 317(b). (2) Treatment of purchases by specified affiliates (A) In general The acquisition of stock of a covered corporation by a specified affiliate of such covered corporation from a person who is not the covered corporation or a specified affiliate of such covered corporation shall be treated as a repurchase of the stock of the covered corporation by such covered corporation. (B) Special rules for foreign-parented domestic corporations (i) In general In the case of an acquisition of stock of an applicable foreign corporation by a specified affiliate of such corporation from a person who is not the applicable foreign corporation or a specified affiliate of such applicable foreign corporation, for purposes of this section— (I) such specified affiliate shall be treated in the same manner as a covered corporation with respect to such acquisition, and (II) such acquisition shall be treated as a repurchase of the stock of such specified affiliate by such specified affiliate. (ii) Applicable foreign corporation For purposes of this subparagraph, the term applicable foreign corporation means any foreign corporation which would be treated as a covered corporation under this section if it were a domestic corporation. (C) Specified affiliate For purposes of this section, the term specified affiliate means, with respect to any corporation— (i) any domestic corporation more than 50 percent of the stock of which is owned (by vote or by value), directly or indirectly, by such corporation, and (ii) any domestic partnership more than 50 percent of the capital interests or profits interests of which is held, directly or indirectly, by such corporation. (3) Adjustment The amount of any stock repurchased by a covered corporation taken into account under subsection (a) shall be reduced by— (A) the value of any stock newly issued by the covered corporation during the taxable year, and (B) the value of any stock issued to employees of such covered corporation during the taxable year, including in response to the exercise of an option to purchase stock of the covered corporation. (d) Exceptions Subsection (a) shall not apply— (1) to the extent that the repurchase is part of a reorganization (within the meaning of section 368(a)) and no gain or loss is recognized under chapter 1 on such repurchase by reason of such reorganization, (2) in any case in which the stock repurchased is, or an amount of stock equal to the value of the stock repurchased is, contributed to an employer-sponsored retirement plan, employee stock ownership plan, or similar plan, (3) in any case in which the total value of the stock repurchased during the calendar year does not exceed $1,000,000, (4) under regulations prescribed by the Secretary, in cases in which the repurchase is by a dealer in securities in the ordinary course of business, or (5) to the extent that the repurchase is treated as a dividend for purposes of this title. (e) Denial of deduction No deduction shall be allowed under any provision of this title with regard to the tax imposed by this section. (f) Regulations and guidance The Secretary shall prescribe such regulations and other guidance as are necessary or appropriate to administer and to prevent the avoidance of the purposes of this section, including regulations and other guidance— (1) to prevent the abuse of the exceptions provided by subsection (d), (2) with respect to the identification of transactions to which subsection (c)(1)(B)(ii) applies, (3) to address special classes of stock and preferred stock, and (4) for the application of the rules under subsection (c)(2). . (b) Clerical amendment The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 36 the following new item: Chapter 37—Repurchase of corporate stock . (c) Effective date The amendments made by this section shall apply to repurchases (within the meaning of section 4501(c) of the Internal Revenue Code of 1986, as added by this section) of stock after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2758is/xml/BILLS-117s2758is.xml |
117-s-2759 | II 117th CONGRESS 1st Session S. 2759 IN THE SENATE OF THE UNITED STATES September 20, 2021 Mr. Schatz (for himself, Ms. Ernst , and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To restore honor to certain previously discharged members of the Armed Forces.
1. Short title This Act may be cited as the Restore Honor to Service Members Act of 2021 . 2. Tiger Team for outreach to former members (a) Sense of Congress It is the sense of Congress that— (1) the mission of the Department of Defense is to provide the military forces needed to deter war and to protect the security of the United States; (2) expanding outreach to veterans impacted by Don't Ask, Don't Tell or a similar policy prior to the enactment of Don't Ask, Don't Tell is important to closing a period of history harmful to the creed of integrity, respect, and honor of the military; (3) the Department is responsible for providing for the review of a veteran’s military record before the appropriate discharge review board or, when more than 15 years has passed, board of correction for military or naval records; and (4) the Secretary of Defense should, wherever possible, coordinate and conduct outreach to impacted veterans through the veterans community and networks, including through the Department of Veterans Affairs and veterans service organizations, to ensure that veterans understand the review processes that are available to them for upgrading military records. (b) Establishment of Tiger Team (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a team (commonly known as a tiger team and referred to in this section as the Tiger Team ) responsible for conducting outreach to build awareness among former members of the Armed Forces of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1552 note) for the review of discharge characterizations by appropriate discharge boards. The Tiger Team shall consist of appropriate personnel of the Department of Defense assigned to the Tiger Team by the Secretary for purposes of this section. (2) Tiger Team leader One of the persons assigned to the Tiger Team under paragraph (1) shall be a senior-level officer or employee of the Department who shall serve as the lead official of the Tiger Team (in this section referred to as the Tiger Team Leader ) and who shall be accountable for the activities of the Tiger Team under this section. (3) Report on composition Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the names of the personnel of the Department assigned to the Tiger Team pursuant to this subsection, including the positions to which assigned. The report shall specify the name of the individual assigned as Tiger Team Leader. (c) Duties (1) In general The Tiger Team shall conduct outreach to build awareness among veterans of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations by appropriate discharge boards. (2) Collaboration In conducting activities under this subsection, the Tiger Team Leader shall identify appropriate external stakeholders with whom the Tiger Team shall work to carry out such activities. Such stakeholders shall include the following: (A) The Secretary of Veterans Affairs. (B) The Archivist of the United States. (C) Representatives of veterans service organizations. (D) Such other stakeholders as the Tiger Team Leader considers appropriate. (3) Initial report Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the following: (A) A plan setting forth the following: (i) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with external stakeholders described in paragraph (2), shall identify individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization. (ii) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with the external stakeholders, shall improve outreach to individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization, including through— (I) obtaining contact information on such individuals; and (II) contacting such individuals on the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations. (B) A description of the manner in which the work described in clauses (i) and (ii) of subparagraph (A) will be carried out, including an allocation of the work among the Tiger Team and the external stakeholders. (C) A schedule for the implementation, carrying out, and completion of the plan required under subparagraph (A). (D) A description of the additional funding, personnel, or other resources of the Department required to carry out the plan required under subparagraph (A), including any modification of applicable statutory or administrative authorities. (4) Implementation of plan (A) In general The Secretary shall implement and carry out the plan submitted under subparagraph (A) of paragraph (3) in accordance with the schedule submitted under subparagraph (C) of that paragraph. (B) Updates Not less frequently than once every 90 days after the submittal of the report under paragraph (3), the Tiger Team shall submit to Congress an update on the carrying out of the plan submitted under subparagraph (A) of that paragraph. (5) Final report Not later than 3 years after the date of the enactment of this Act, the Tiger Team shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the activities of the Tiger Team under this subsection. The report shall set forth the following: (A) The number of individuals discharged under Don't Ask, Don't Tell or a similar policy prior to the enactment of Don't Ask, Don't Tell. (B) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization (whether through discharge review or correction of military records) through a process established prior to the enactment of this Act. (C) The number of individuals contacted through outreach conducted pursuant to this section. (D) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization through the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (E) The number of individuals described in subparagraph (D) whose review of discharge characterization resulted in a change of characterization to honorable discharge. (F) The total number of individuals described in subparagraph (A), including individuals also covered by subparagraph (E), whose review of discharge characterization since September 20, 2011 (the date of repeal of Don't Ask, Don't Tell), resulted in a change of characterization to honorable discharge. (6) Termination On the date that is 60 days after the date on which the final report required by paragraph (5) is submitted, the Secretary shall terminate the Tiger Team. (d) Additional reports (1) Review The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (2) Reports Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under paragraph (1). Such reports shall include any comments or recommendations for continued actions. (e) Don't Ask, Don't Tell defined In this section, the term Don’t Ask, Don’t Tell means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 ( Public Law 111–321 ). 3. Relief for impacted former members (a) Review of discharge (1) In general The Secretary of Defense shall review and update existing guidance to ensure that the appropriate discharge board for the military departments concerned shall review a discharge characterization of the covered member as required under section 527 of the National Defense Authorization Act for Fiscal Year 2020 at the request of a covered member, or their representative, notwithstanding any requirements to provide documentation necessary to initiate a review of a discharge characterization. (2) Exception The appropriate discharge board for the military departments concerned shall not be required to initiate a request for a review of a discharge as described in paragraph (1) if there is evidence available to the discharge board that is unrelated to the material request of the covered member or their representative but that would have reasonably substantiated the military department’s discharge decision. (b) Veterans benefits (1) Effective date of change of characterization for veterans benefits For purposes of the provision of benefits to which veterans are entitled under the laws administered by the Secretary of Veterans Affairs to a covered member whose discharge characterization is changed pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1552 note), the date of discharge of the member from the Armed Forces shall be deemed to be the effective date of the change of discharge characterization under that section. (2) Rule of construction Nothing in this subsection shall be construed to authorize any benefit to a covered member in connection with the change of discharge characterization of the member under section 527 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1552 note) for any period before the effective date of the change of discharge characterization. 4. Historical reviews (a) In general The Secretary of each military department shall ensure that oral historians of the department, in coordination with the chief of the personnel division for the military department concerned— (1) review the facts and circumstances surrounding the estimated 100,000 members of the Armed Forces discharged from the Armed Forces between World War II and September 2011 because of the sexual orientation of the member, including any use of ambiguous or misleading separation codes and characterizations intended to disguise the discriminatory basis of such members' discharge; and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of the actual or perceived sexual orientation of the individual so that such testimony may serve as an official record of these discriminatory policies and their impact on American lives. (b) Deadline for completion Each Secretary of a military department shall ensure that the oral historians concerned complete the actions required by subsection (a) by not later than two years after the date of the enactment of this Act. (c) Uses of information Information obtained through actions under subsection (a) shall be available to members described in that paragraph for pursuit by such members of a remedy under section 527 of the National Defense Authorization Act for Fiscal Year 2020 in accordance with regulations prescribed for such purpose by the Secretary of the military department concerned. | https://www.govinfo.gov/content/pkg/BILLS-117s2759is/xml/BILLS-117s2759is.xml |
117-s-2760 | II 117th CONGRESS 1st Session S. 2760 IN THE SENATE OF THE UNITED STATES September 20, 2021 Mr. Portman (for himself, Mr. Grassley , Mr. Rubio , Mr. Daines , Mr. Braun , Mr. Cruz , Mr. Sasse , and Mr. Hoeven ) introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions.
1. Short title This Act may be cited as the End Government Shutdowns Act . 2. Automatic continuing appropriations (a) In General Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: 1311. Continuing appropriations (a) (1) If any appropriation measure for a fiscal year is not enacted before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect, there are appropriated such sums as may be necessary to continue any program, project, or activity for which funds were provided in the preceding fiscal year— (A) in the corresponding appropriation Act for such preceding fiscal year; or (B) if the corresponding appropriation bill for such preceding fiscal year did not become law, then in a joint resolution making continuing appropriations for such preceding fiscal year. (2) (A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of— (i) 100 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; (ii) in the absence of such an Act, 100 percent of the rate of operations provided for such program, project, or activity pursuant to a joint resolution making continuing appropriations for such preceding fiscal year; or (iii) 100 percent of the annualized rate of operations provided for in the most recently enacted joint resolution making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this Act, for the period of 120 days. After the first 120-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. (B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. (3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. (b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. (c) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a joint resolution making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. (d) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period. . (b) Clerical Amendment The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: 1311. Continuing appropriations. . | https://www.govinfo.gov/content/pkg/BILLS-117s2760is/xml/BILLS-117s2760is.xml |
117-s-2761 | II 117th CONGRESS 1st Session S. 2761 IN THE SENATE OF THE UNITED STATES September 20, 2021 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to maintain demographic information regarding veterans and publish such information on a website of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Every Veteran Counts Act of 2021 . 2. Findings Congress finds the following: (1) The Department of Veterans Affairs is responsible for providing a variety of benefits and services to more than 19,000,000 living veterans. (2) Pursuant to section 527 of title 38, United States Code, the Secretary of Veterans Affairs has conducted the National Survey of Veterans to assess the needs and sentiments of a statistically valid sample of all veterans. (3) The Secretary has conducted this National Survey of Veterans in the late 1970s, 1987, 1993, 2001, and 2010. (4) The last survey conducted in 2010 included veterans and other beneficiary groups, such as members of the Armed Forces serving on active duty, members of the reserve components of the Armed Forces, military spouses, and surviving spouses of such veterans and members. (5) The 2010 survey included information on demographics, awareness and utilization of benefits, health status, military service, and employment. (6) These surveys provide valuable information on the veteran population to the Secretary, Congress, Federal, State, and local governments, academic institutions, and various non-governmental organizations that serve veterans. (7) This information is used to inform policymaking efforts and to ensure the needs of the ever-changing veteran population are met. (8) However, since 2010, the statutory framework for data collection has substantially evolved, notably with the Foundations for Evidence-Based Policymaking Act ( Public Law 115–435 ), the Data Act ( Public Law 113–139 ), and the Geospatial Data Act (subtitle F of title VII of Public Law 115–254 ), known collectively as the Evidence Act , building on previously enacted laws. (9) Further, the Department, through the National Center for Veterans Analysis and Statistics, has leveraged the vast amount of data generated within the Department and collected by other Federal partners to improve population-based descriptive, statistical, and predictive analytic products to support the Secretary and in evidence-based policymaking, facilitate innovative and collaborative research, and empower modern business intelligence applications. (10) The Department has been a consistent leader in the Federal Open Data program and offers a platform for scaling access to useful data and insight to external stakeholders. (11) Notwithstanding these recent advances, opportunities exist to strengthen the capability of the Department to develop and disseminate actionable insights into the veteran population through— (A) developing enterprise-focused management and improvements in the quality of administrative data collected by the Department through its delivery of benefits and services; (B) increased access to data collected by other Federal entities through more flexible and efficient information sharing policies; (C) increased use of publicly available and commercially generated data; and (D) maturing data management of the Department. (12) In line with the Evidence Act, it is incumbent upon the Secretary to regularly engage with key stakeholders, including Congress, veterans service organizations, advocacy groups, and open government groups to— (A) enhance the open data program of the Department; and (B) improve development and dissemination of relevant data assets and analytic products to provide more current, accurate, and useful insights on veterans and their families. (13) It is necessary for the Department to collect, collate, and analyze all available data on veteran demographics, and to share this data with Congress and other stakeholders on an ongoing basis, in an easily digestible format, to direct outreach and align policy with the needs of the changing veteran population. 3. Demographic data of veterans: collection; retention; publication (a) In general Subchapter II of chapter 5 of title 38, United States Code, is amended by inserting after section 527, the following new section: 528. Demographic data of veterans: collection; retention; publication. (a) Database (1) The Secretary shall collect demographic data of veterans (from any source of such data available to the Secretary, including the National Center for Veterans Analysis and Statistics of the Department, the Bureau of the Census, and the Social Security Administration) and maintain a database of such data. (2) Data collected and maintained under paragraph (1) shall include the following: (A) Sex. (B) Gender identity, disaggregated by— (i) male; (ii) female; (iii) cisgender; (iv) transgender; (v) gender diverse; (vi) nonbinary; and (vii) combinations of clauses (i) through (vi). (C) Age. (D) Educational level. (E) Race and ethnicity, disaggregated by— (i) membership in an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and (ii) the same major race groups as the decennial censuses. (F) Sexual orientation, disaggregated by— (i) heterosexual; (ii) lesbian; (iii) gay; (iv) bisexual; and (v) queer. (G) Household makeup, including marital status and number of dependents. (H) Gross income and sources of income. (I) Housing status, disaggregated by— (i) renter; (ii) homeowner; or (iii) residing in a home owned or rented by another person. (J) Employment status, disaggregated by— (i) employed; (ii) seeking employment; and (iii) self-employed. (K) History of service in the Armed Forces, disaggregated by— (i) Armed Force; (ii) regular or reserve component; (iii) service in a combat theater of operations or war zone; (iv) service during a period of war; (v) whether a veteran is a former prisoner of war; (vi) whether the veteran was exposed to dead, dying, or wounded people during active military, naval, air, or space service; (vii) whether the veteran was exposed to environmental hazards during active military, naval, air, or space service; and (viii) whether the veteran experienced military sexual trauma (as that term is defined in section 1166 of this title). (L) Whether the veteran is enrolled in the patient enrollment system under section 1705 of this title. (M) Whether the veteran has received a disability rating from under section 1155 of this title. (N) Location of the veteran’s residence, disaggregated by— (i) rural or urban setting; (ii) distance to a facility of the Department; and (iii) whether the veteran has access to broadband service. (O) Any other information the Secretary determines appropriate. (b) Data retention standards Demographic data in the database under subsection (a) shall be— (1) anonymized to prevent the release of sensitive personal information (as that term is defined in section 5727 of this title); and (2) machine readable. (c) Website The Secretary shall maintain a publicly accessible website of the Department that provides access to the database under subsection (a). The Secretary shall update such website not less frequently than once each year. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting, after the item relating to section 527, the following new item: 528. Demographic data of veterans: collection; retention; publication. . (c) Implementation date The Secretary of Veterans Affairs shall carry out section 528 of such title, as added by this section, not later than 180 days after the date of the enactment of this Act. 4. Report on data strategy of the Department of Veterans Affairs (a) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the progress, challenges, performance, and opportunities of implementing the data strategy of the Department of Veterans Affairs. (b) Elements The report under this section shall include the following: (1) Qualitative and quantitative progress towards strengthening data management of the Department, including business and mission impact enabled by management of data as a strategic asset. (2) Recommendations of the Secretary regarding legislation that may accelerate data management maturity of the Department. (3) Progress and results in cataloging and inventorying data assets of the Department and using such assets to support— (A) internal evidence-based policymaking; and (B) ethical and appropriate dissemination of statistical aggregates, data-driven analysis, and open data. (4) Progress in implementing requirements under chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), and related data quality efforts to support strategic management of data collected by the Department. (5) Efforts to move towards a rules-based, transparent, Department-wide approach to management, integration, and sharing of, and access to, data. (6) Recommendations of the Secretary regarding adjustments to data requirements of the Department. (7) Information sharing agreements and outstanding requirements with other Federal entities, including gaps best addressed by the addition of survey questions to an existing Federal survey instrument. (8) Progress on recently enacted public laws, Executive orders, Presidential memoranda, and outstanding recommendations of the Comptroller General of the United States or an inspector general as it pertains to veteran population-based data collection, quality, integration, sharing, interoperability, and analytics within the scope of improving and ensuring equity in services to veterans, their families, and other beneficiaries. (9) A discussion of current risk assessments regarding data breaches and information security (as those terms are defined in section 5727 of title 38, United States Code) of the Department. (10) Priority data requirements of the Department, identified through consultation with the following entities: (A) The Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives. (B) The Congressional Budget Office. (C) Veterans service organizations. (D) The Advisory Committee on Minority Veterans of the Department. (E) The Advisory Committee on Women Veterans of the Department. (F) The Advisory Committee on Homeless Veterans of the Department. (c) Publication Not later than 30 days after submitting the report under this section, the Secretary shall publish such report on the open data website of the Department, with all metrics and data included in a machine readable format. | https://www.govinfo.gov/content/pkg/BILLS-117s2761is/xml/BILLS-117s2761is.xml |
117-s-2762 | II 117th CONGRESS 1st Session S. 2762 IN THE SENATE OF THE UNITED STATES September 20, 2021 Mr. Padilla (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within the specialized pediatric health care infrastructure, and for other purposes.
1. Short title This Act may be cited as the Pediatric Access to Critical Health Care Act . 2. Pediatric health care capacity grants Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following: XIII Pediatric Health Care Capacity 340J. Pediatric health care capacity grants (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible entities to carry out construction or modernization projects designed to strengthen and increase capacity within pediatric health care infrastructure . (b) Eligible entities To be eligible to receive a grant under subsection (a), an entity shall be a— (1) children’s hospital; (2) a facility that is eligible to receive funds under section 340E of the Public Health Service Act ( 42 U.S.C. 256e ); or (3) a nonprofit medical facility that predominantly treats individuals under the age of 21. (c) Use of funds An eligible entity selected to receive a grant under subsection (a) may use funds received through the grant for— (1) expanding pediatric critical health care infrastructure, including the expansion, renovation, remodeling, and alteration of existing buildings (but not including the cost of acquisition of land or off-site improvements); (2) maintaining and enhancing pediatric emergency preparedness; (3) increasing the training, development, and retention of the pediatric health care workforce; (4) upgrading digital health infrastructure, including upgrades related to preventing and addressing cybersecurity threats; (5) building additional patient care capacity to expand access to care; and (6) other activities related to strengthening and increasing capacity within the pediatric health care infrastructure, as determined by the Secretary. (d) Application An eligible entity seeking a grant under subsection (a) shall submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the activities described in subsection (c) that the entity plans to carry out; and (2) such documentation as may be necessary to demonstrate, to the Secretary’s satisfaction, the estimated cost of the project for which the grant is made. (e) Considerations In awarding grants under this section, the Secretary, to the extent practicable, may ensure equitable distribution of awards among the geographical regions of the United States. (f) Priority In selecting eligible entities to receive a grant under subsection (a), the Secretary shall give priority to eligible entities— (1) with respect to which over 60 percent of the patients served are receiving medical assistance under a State plan (or a waiver of such plan) under title XIX of the Social Security Act or child health assistance under a State child health plan (or a waiver of such plan) under title XXI of such Act; or (2) that primarily serve children from diverse and traditionally underserved populations, including racial and ethnic minorities. (g) Supplement, not supplant Funds provided under this section shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section. (h) Matching funds An eligible entity receiving a grant under this section shall provide funds from sources other than funds provided through such grant in an amount that is at least equal to 50 percent of the amount of such grant. (i) Reporting (1) Reports from grantees Following project completion, each entity awarded a grant under this section shall submit a report to the Secretary on the activities conducted under such grant, and other information as the Secretary may require. (2) Reports to Congress Not later than September 30, 2026, and every 5 years thereafter, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the activities conducted through the grant program under this section, and the outcomes of such projects. Such reports shall include— (A) the number of projects supported by the grants under subsection (a); (B) an overview of the impact, if any, of such projects on pediatric health care infrastructure, including any impact on access to health care for pediatric populations; (C) recommendations for improving the grant program under this section; and (D) any other considerations as the Secretary determines appropriate. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $600,000,000 for each of fiscal years 2023 through 2032. . | https://www.govinfo.gov/content/pkg/BILLS-117s2762is/xml/BILLS-117s2762is.xml |
117-s-2763 | II 117th CONGRESS 1st Session S. 2763 IN THE SENATE OF THE UNITED STATES September 20, 2021 Ms. Stabenow (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorization for the MotorCities National Heritage Area in the State of Michigan, and for other purposes.
1. Short title This Act may be cited as the Preserving the MotorCities Heritage Act . 2. Extension of motorcities national heritage area authorization The Automobile National Heritage Area Act ( Public Law 105–355 ; 112 Stat. 3247 et seq.) is amended— (1) in section 109, by striking September 30, 2021 and inserting September 30, 2036 ; and (2) in section 110— (A) by amending subsection (a) to read as follows: (a) Annual appropriations; limitation on total appropriations (1) Annual appropriations There are authorized to be appropriated under this title not more than $1,000,000 for any fiscal year. (2) Limitation on total appropriations Not more than a total of $23,250,000 may be appropriated for the Heritage Area under this title. ; and (B) in subsection (b), by adding before the period , except that for fiscal years 2022 and 2023 the matching requirement shall be waived due to negative economic ramifications of the COVID–19 pandemic . | https://www.govinfo.gov/content/pkg/BILLS-117s2763is/xml/BILLS-117s2763is.xml |
117-s-2764 | II 117th CONGRESS 1st Session S. 2764 IN THE SENATE OF THE UNITED STATES September 20, 2021 Mr. Rubio (for himself and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to make available parental leave benefits to parents following the birth or adoption of a child, and for other purposes.
1. Short title This Act may be cited as the New Parents Act of 2021 . 2. Parental leave benefits (a) In general Title II of the Social Security Act is amended by inserting after section 218 the following: 219. Parental leave benefits (a) In general Every individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount Such individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit (1) Selection of number of benefit months In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months ). (2) Election of benefit months Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period For purposes of this section, the term benefit period means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs. (d) Benefit application (1) In general The Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention (1) In general The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment (1) In general An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset (A) In general Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age (A) In general In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits (1) In general This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions For purposes of this section— (1) the term qualified child means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who— (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner. . (b) Conforming amendments (1) Nonpayment provisions Section 202 of the Social Security Act ( 42 U.S.C. 402 ) is amended— (A) in subsection (n)(1)(A), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; (B) in subsection (t), in paragraphs (1) and (10), by striking under this section or under section 223 each place it appears and inserting under this section, under section 219, or under section 223 ; (C) in subsection (u)(1), by striking under this section or section 223 and inserting under this section, section 219, or section 223 ; and (D) in subsection (x)— (i) in paragraph (1)(A), by striking under this section or under section 223 and inserting under this section, under section 219, or under section 223 ; and (ii) in paragraph (2), by striking under this section or section 223 and inserting under this section, section 219, or section 223 . (2) Delayed retirement credits Section 202(w) of the Social Security Act ( 42 U.S.C. 402(w) ) is amended by inserting after age 70 each place it appears the following: (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) . (3) Voluntary suspension of benefits Section 202(z)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A)(ii) ) is amended by striking the age of 70 and inserting age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) . (4) Number of benefit computation years Section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended— (A) in clause (i), by striking , and and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ; and ; and (C) by inserting after clause (ii) the following: (iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. . (c) Effective date The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2764is/xml/BILLS-117s2764is.xml |
117-s-2765 | II Calendar No. 126 117th CONGRESS 1st Session S. 2765 IN THE SENATE OF THE UNITED STATES September 20, 2021 Mr. Braun introduced the following bill; which was read the first time September 21, 2021 Read the second time and placed on the calendar A BILL To provide that Members of Congress may not receive pay after October 1 of any fiscal year in which Congress has not approved a concurrent resolution on the budget and passed the regular appropriations bills.
1. Short title This Act may be cited as the No Budget, No Pay Act . 2. Definition In this Act, the term Member of Congress — (1) has the meaning given under section 2106 of title 5, United States Code; and (2) does not include the Vice President. 3. Timely approval of concurrent resolution on the budget and the appropriations bills If both Houses of Congress have not approved a concurrent resolution on the budget as described under section 301 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 632 ) for a fiscal year before October 1 of that fiscal year and have not passed all the regular appropriations bills for the next fiscal year before October 1 of that fiscal year, the pay of each Member of Congress may not be paid for each day following that October 1 until the date on which both Houses of Congress approve a concurrent resolution on the budget for that fiscal year and all the regular appropriations bills. 4. No pay without concurrent resolution on the budget and the appropriations bills (a) In general Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of any Member of Congress during any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5. (b) No retroactive pay A Member of Congress may not receive pay for any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5, at any time after the end of that period. 5. Determinations (a) Senate (1) Request for certifications On October 1 of each year, the Secretary of the Senate shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate for certification of determinations made under subparagraphs (A) and (B) of paragraph (2). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Senators may not be paid under that section; (B) determine the period of days following each October 1 that Senators may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Secretary of the Senate. (b) House of Representatives (1) Request for certifications On October 1 of each year, the Chief Administrative Officer of the House of Representatives shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives for certification of determinations made under subparagraphs (A) and (B) of paragraph (2). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Members of the House of Representatives may not be paid under that section; (B) determine the period of days following each October 1 that Members of the House of Representatives may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Chief Administrative Officer of the House of Representatives. 6. Effective date This Act shall take effect on September 29, 2023.
September 21, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2765pcs/xml/BILLS-117s2765pcs.xml |
117-s-2766 | II 117th CONGRESS 1st Session S. 2766 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Markey (for himself, Mr. Booker , Mr. Menendez , Ms. Warren , Mr. Van Hollen , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a manufacturing investment tax credit and a production tax credit for manufacturing facilities that produce offshore wind turbine components.
1. Short title This Act may be cited as the Offshore Wind American Manufacturing Act of 2021 . 2. Offshore wind manufacturing credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code is amended by inserting after section 36B the following new section: 36C. Offshore wind manufacturing credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of— (1) the offshore wind manufacturing investment credit, and (2) the offshore wind manufacturing production credit. (b) Credit amounts For purposes of this section— (1) Manufacturing investment credit (A) In general The offshore wind manufacturing investment credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year. (B) Qualified investment The qualified investment for any taxable year is the basis of any advanced offshore wind manufacturing property placed in service in the United States by the taxpayer during such taxable year. (C) Advanced offshore wind manufacturing property The term advanced offshore wind manufacturing property means property— (i) which is used predominantly to manufacture or process any qualified offshore wind component, (ii) which respect to which depreciation (or amortization in lieu of depreciation) is allowable, and (iii) which— (I) is constructed, reconstructed, or erected by the taxpayer, or (II) which is acquired by the taxpayer, if the original use of such property commences with the taxpayer. (2) Manufacturing production credit (A) In general The offshore wind manufacturing production credit is an amount equal to the applicable rate with respect to any qualified offshore wind component or related vessel which— (i) is produced by the taxpayer at a qualified manufacturing facility, and (ii) during the taxable year— (I) is sold by the taxpayer to— (aa) an unrelated person, or (bb) a related person for the use of such person in their trade or business (with the exception of any trade or business related to resale of such offshore wind component without any subsequent modification, assembly, or integration into a project), or (II) if not sold, is placed in service or operation by the taxpayer or any other person. (B) Applicable rate The applicable rate is— (i) with respect to any qualified offshore wind component, the total rated capacity (expressed on a per direct current watt basis) of the completed offshore wind turbine for which the component is designed, multiplied by— (I) in the case of any blade, gearbox, generator, or foundation (or dedicated subcomponent described in subsection (c)(1)(A)(ii) thereof), 2 cents, (II) in the case of any tower (or such a dedicated subcomponent thereof), 3 cents, and (III) in the case of any nacelle (or such a dedicated subcomponent thereof), 5 cents, and (ii) with respect to any related vessel, an amount equal to 10 percent of the sale price of such vessel. (C) Qualified manufacturing facility The term qualified manufacturing facility means any new or existing facility— (i) which is located in the United States, and (ii) which manufactures or assembles qualified offshore wind components, subcomponents, and related vessels. (D) Production and sale must be in trade or business Any qualified offshore wind component produced and sold by the taxpayer shall be taken into account under subparagraph (A)(ii)(I) only if the production and sale described in subparagraph (A) is in a trade or business of the taxpayer. (c) Definitions For purposes of this section— (1) Qualified offshore wind component (A) In general The term qualified offshore wind component means— (i) any blade, tower, nacelle, generator, gearbox, or foundation, and (ii) any dedicated subcomponent necessary to the production, construction, and operation of any such property. (B) Definitions (i) Blade The term blade means an airfoil-shaped blade which is responsible for converting offshore wind energy to low speed rotational energy. (ii) Tower The term tower means a tubular steel, concrete, or steel lattice which supports the structure of an offshore wind turbine. (iii) Nacelle The term nacelle means the assembly of the cover housing for drive train and other tower-top components of an offshore wind turbine. (iv) Generator The term generator means the component which is housed in the nacelle and converts the mechanical energy from the rotor to electrical energy. (v) Gearbox The term gearbox means the component housed in the nacelle which converts the low-speed, high-torque rotation of the rotor for input into the generator. (vi) Foundation The term foundation means the component which secures an offshore wind tower and above-water turbine components to the sea floor using offshore wind monopiles, jackets, gravity-based foundations, fixed, or floating platforms. (2) Related vessel The term related vessel means any vessel which is purpose-built or retrofitted for purposes of the transport, installation, or maintenance of offshore wind components and offshore wind turbines. (d) Special rules For purposes of this section— (1) Secretary Any reference to the Secretary means the Secretary in consultation with the Secretary of Energy. (2) Labor conditions Any property shall be treated as advanced offshore wind manufacturing property, and any facility shall be treated as a qualified manufacturing facility, only if all laborers and mechanics employed by all contractors and subcontractors in the manufacture of such property or at such facility are paid wages at rates not less than the prevailing rates for work of a similar character in the locality as determined by the Secretary of Labor, in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code. (3) Certain rules made applicable for investment credit For purposes of the offshore wind manufacturing investment credit determined under subsection (b)(1), rules similar to the rules of subsections (a) and (c) of section 50 shall apply. (4) Coordination with general investment credit No credit shall be allowed under section 48C with respect to any facility taken into account for purposes of the credit under subsection (b)(2), or any facility with respect to which any qualified investment is taken into account for purposes of the credit under subsection (b)(1). The credit under this section shall be allowed without regard to whether any qualified investment (as defined in section 48C(b)) with respect to a facility has been taken into account for purposes of section 48C in any preceding taxable year. (e) Registration (1) In general No credit shall be allowed under this section unless the taxpayer registers with the Secretary, at such time, in such form and manner, and subject to such terms and conditions, as the Secretary may by regulations prescribe. Such registration shall include a demonstration of compliance with the requirements of subsection (d)(2). (2) Registration in event of change in ownership Under regulations prescribed by the Secretary, the taxpayer (other than a corporation the stock of which is regularly traded on an established securities market) shall be required to re-register under this subsection if after a transaction (or series of related transactions) more than 50 percent of ownership interests in, or assets of, the taxpayer are held by persons other than persons (or persons related thereto) who held more than 50 percent of such interests or assets before the transaction (or series of related transactions). (3) Denial, revocation, or suspension of registration Rules similar to the rules of section 4222(c) shall apply to registration under this section. (4) Information reporting The Secretary may require— (A) information reporting by any person registered under this subsection, and (B) information reporting by such other persons as the Secretary deems necessary to carry out this section. (f) Termination (1) Offshore wind manufacturing investment tax credit (A) In general Except as provided in subparagraph (B), in the case of any qualified investment with respect to advanced offshore wind manufacturing property which is placed in service after December 31, 2028, the amount of the credit determined under subsection (b)(1) (without regard to this subsection) shall be reduced by— (i) in the case of property placed in service in calendar year 2029, 30 percent, (ii) in the case of property placed in service in calendar year 2030, 65 percent, and (iii) in the case of property placed in service after December 31, 2030, 100 percent. (B) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subparagraph (A). (2) Offshore wind manufacturing production tax credit No credit shall be allowed under subsection (b)(2) in the case of any qualified offshore wind component first sold or placed in service after December 31, 2030. . (b) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Offshore wind manufacturing credit. . (c) Conforming amendment Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting , 36C after 36B . (d) Effective date The amendments made by this section shall apply to— (1) any qualified investment (as defined in section 36C(b)(1)(B) of the Internal Revenue Code of 1986, as added by this section) with respect to property placed in service beginning after August 1, 2021, and (2) qualified offshore wind components (as defined in section 36C(c)(1) of such Code, as so added) first sold or placed in service after August 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2766is/xml/BILLS-117s2766is.xml |
117-s-2767 | II 117th CONGRESS 1st Session S. 2767 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize certain Federal departments to enter into contracts to carry out existing authorities to protect United States facilities from unmanned aircraft.
1. Short title This Act may be cited as the Enhanced Protection from Unmanned Aircraft Attacks Act . 2. Authority to enter into contracts to protect facilities from unmanned aircraft (a) Authority The following Federal departments are authorized to enter into contracts to carry out the following authorities: (1) The Department of Defense for the purpose of carrying out activities under section 130i of title 10, United States Code. (2) The Department of Homeland Security for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ). (3) The Department of Justice for the purpose of carrying out activities under section 210G of the Homeland Security Act of 2002 ( 6 U.S.C. 124n ). (4) The Department of Energy for the purpose of carrying out activities under section 4510 of the Atomic Energy Defense Act ( 50 U.S.C. 2661 ). (b) Federal Acquisition Regulation Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement the authority provided under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s2767is/xml/BILLS-117s2767is.xml |
117-s-2768 | II 117th CONGRESS 1st Session S. 2768 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Cassidy (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a special rule for certain casualty losses of uncut timber.
1. Short title This Act may be cited as the Disaster Reforestation Act . 2. Casualty losses of uncut timber (a) In general Section 165(b) of the Internal Revenue Code of 1986 is amended— (1) by striking For purposes of subsection (a) and inserting the following: (1) In general For purposes of subsection (a) , and (2) by adding at the end the following new paragraph: (2) Special rule for casualty loss of uncut timber (A) In general In the case of the loss of any uncut timber from fire, storm, or other casualty, or from theft, the basis for determining the amount of the deduction for such loss (as otherwise determined under paragraph (1)) shall not be less than the excess of— (i) the appraised value of such uncut timber determined immediately before such loss was sustained, over (ii) the salvage value of such timber. (B) Appraisal methods (i) In general With respect to the appraisal of a timber casualty loss described in subparagraph (A)— (I) the appraisal valuation date shall be not later than 1 year after the casualty loss, and (II) the appraisal shall— (aa) conform to the Uniform Standards of Professional Appraisal Practice (USPAP), (bb) be limited to the value of the lost timber, and (cc) be completed by a Federal- or State-certified appraiser. (ii) Delay in completion of appraisal (I) In general In the case of any taxpayer who is unable to obtain an appraisal described in clause (i) before the due date of the return of tax (including any extension of time for filing such return) for the taxable year in which the timber casualty loss occurred, the taxpayer may elect to— (aa) with respect to the return of tax for such taxable year, include an estimate of the value of the uncut timber determined immediately before the loss was sustained, and (bb) upon completion of the appraisal within the period described in clause (i)(I), file an amended return for such taxable year with respect to any adjustment in taxable income as determined pursuant to subclause (II). (II) Adjustment of taxable income With respect to any taxpayer who elects to provide an estimate described in subclause (I)(aa) for any taxable year in which a timber casualty loss occurred, the taxable income of the taxpayer for such taxable year shall be increased or decreased, as applicable, by an amount equal to the difference between— (aa) the appraised value of such uncut timber determined immediately before such loss was sustained, as determined pursuant to the appraisal described in clause (i), and (bb) the estimate provided by the taxpayer under subclause (I)(aa) with respect to such uncut timber. (C) Exclusion of timber not held for sale Subparagraph (A) shall not apply to any timber unless such timber is held for the purpose of being cut and sold in connection with a trade or business that is not a passive activity within the meaning of section 469. (D) Inclusion of pre-merchantable timber For purposes of this paragraph, the term uncut timber shall not fail to include pre-merchantable timber. (E) Reforestation requirement (i) In general Subparagraph (A) shall not apply unless the uncut timber subject to the loss is reforested (with hardwoods, softwoods, or any combination thereof) by planting, seeding, or appropriate site preparation, not later than the close of the 5-year period beginning on the date of such loss. (ii) Recapture The Secretary shall, by regulations, provide for recapturing the benefit of any deduction allowed under this section with respect to any uncut timber subject to loss to which subparagraph (A) applied if the taxpayer fails to comply with clause (i) during the period provided under such clause. (F) Other casualties For purposes of subparagraph (A), the term other casualty shall include loss of any uncut timber from— (i) wood-destroying insects, (ii) wood-destroying invasive species, or (iii) severe drought. . (b) Effective date The amendments made by this section shall apply to losses sustained in taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2768is/xml/BILLS-117s2768is.xml |
117-s-2769 | II 117th CONGRESS 1st Session S. 2769 IN THE SENATE OF THE UNITED STATES September 21, 2021 Ms. Stabenow (for herself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to cover physician services delivered by podiatric physicians to ensure access by Medicaid beneficiaries to appropriate quality foot and ankle care, to amend title XVIII of such Act to modify the requirements for diabetic shoes to be included under Medicare, and for other purposes.
1. Short title This Act may be cited as the Helping Ensure Life- and Limb-saving access to Podiatric Physicians Act or the HELLPP Act . 2. Recognizing doctors of podiatric medicine as physicians under the Medicaid program (a) In general Section 1905(a)(5)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(5)(A) ) is amended by striking section 1861(r)(1) and inserting paragraphs (1) and (3) of section 1861(r) . (b) Effective date (1) In general Except as provided in paragraph (2), the amendment made by subsection (a) shall apply to services furnished on or after January 1, 2022. (2) Extension of effective date for State law amendment In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirement imposed by the amendment made by subsection (a), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. 3. Clarifying Medicare documentation requirements for therapeutic shoes for persons with diabetes (a) In general Section 1861(s)(12) of the Social Security Act ( 42 U.S.C. 1395x(s)(12) ) is amended to read as follows: (12) subject to section 4072(e) of the Omnibus Budget Reconciliation Act of 1987, extra-depth shoes with inserts or custom molded shoes with inserts (in this paragraph referred to as therapeutic shoes ) for an individual with diabetes, if— (A) the physician who is managing the individual’s diabetic condition— (i) documents that the individual has diabetes; (ii) certifies that the individual is under a comprehensive plan of care related to the individual’s diabetic condition; and (iii) documents agreement with the prescribing podiatrist or other qualified physician (as established by the Secretary) that it is medically necessary for the individual to have therapeutic shoes; (B) the therapeutic shoes are prescribed by a podiatrist or other qualified physician (as established by the Secretary) who— (i) examines the individual and determines the medical necessity for the individual to receive the therapeutic shoes; and (ii) communicates in writing the medical necessity to a certifying doctor of medicine or osteopathy for the individual to have therapeutic shoes along with findings that the individual has peripheral neuropathy with evidence of callus formation, a history of pre-ulcerative calluses, a history of previous ulceration, foot deformity, previous amputation, or poor circulation; and (C) the therapeutic shoes are fitted and furnished by a podiatrist or other qualified supplier individual (as established by the Secretary), such as a pedorthist or orthotist, who is not the physician described in subparagraph (A) (unless the Secretary finds that the physician is the only such qualified individual in the area); . (b) Effective date The amendment made by subsection (a) shall apply with respect to items and services furnished on or after January 1, 2022. (c) Rule of construction Nothing in this section shall be construed as expanding Medicare coverage for therapeutic shoes for individuals with diabetes. 4. Budget savings: strengthening Medicaid program integrity through continuous levy on payments to Medicaid providers and suppliers (a) In general Section 6331(h)(2) of the Internal Revenue Code of 1986 (defining specified payment) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) any payment to any Medicaid provider or supplier under a State plan under title XIX of the Social Security Act. . (b) Effective date The amendments made by this section shall apply to levies issued after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2769is/xml/BILLS-117s2769is.xml |
117-s-2770 | II 117th CONGRESS 1st Session S. 2770 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to designate the Taliban as a foreign terrorist organization.
1. Designation of the Taliban as a foreign terrorist organization The Secretary of State shall designate the Taliban as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2770is/xml/BILLS-117s2770is.xml |
117-s-2771 | II 117th CONGRESS 1st Session S. 2771 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To designate the community-based outpatient clinic of the Department of Veterans Affairs in San Angelo, Texas, as the Colonel Charles and JoAnne Powell Department of Veterans Affairs Clinic .
1. Findings Congress finds the following: (1) Colonel Charles Powell and his wife, Mrs. JoAnne Powell, served the community of San Angelo, Texas, with character and dignity. (2) Colonel Powell served as the base commander of Goodfellow Air Force Base from 1980 to 1984. (3) When the Powells moved to San Angelo, Charles was ordered to help Goodfellow avoid closure and the displacement of many members of the Armed Forces from the community they had grown to love. (4) The impact of Charles’ career can still be felt today at Goodfellow Air Force Base, as it serves as a training school for thousands of members from every Armed Force to train in cryptology, intelligence, and firefighting. (5) JoAnne assisted thousands of constituents in the district offices of Representatives Tom Loeffler, Lamar Smith, K. Michael Conaway, and August Pfluger. (6) One of the several duties JoAnne spearheaded was the annual process of nominations to the military service academies, which was always a year-round process for her. (7) With JoAnne’s assistance, many of the young men and women of the 11th congressional district of Texas went on to serve the United States and attend one of the military service academies. (8) In addition, JoAnne was a fierce advocate of veterans and helped thousands of individuals gain access to the veterans benefits they rightfully earned. (9) JoAnne’s compassion and dedication helped make the Concho Valley a better place. 2. Designation of community-based outpatient clinic of Department of Veterans Affairs in San Angelo, Texas (a) Designation The community-based outpatient clinic of the Department of Veterans Affairs in San Angelo, Texas, shall after the date of the enactment of this Act be known and designated as the Colonel Charles and JoAnne Powell Department of Veterans Affairs Clinic or the Colonel Charles and JoAnne Powell VA Clinic . (b) Reference Any reference in any law, regulation, map, document, paper, or other record of the United States to the community-based outpatient clinic referred to in subsection (a) shall be considered to be a reference to the Colonel Charles and JoAnne Powell Department of Veterans Affairs Clinic. | https://www.govinfo.gov/content/pkg/BILLS-117s2771is/xml/BILLS-117s2771is.xml |
117-s-2772 | II 117th CONGRESS 1st Session S. 2772 IN THE SENATE OF THE UNITED STATES September 21, 2021 Ms. Klobuchar (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide Federal support to entities performing reviews of wrongful convictions.
1. Short title This Act may be cited as the Conviction Integrity Act of 2021 . 2. Grant programs to ensure case review, representation, and provide post-conviction relief (a) Purpose The Attorney General shall administer grant programs within the Bureau of Justice Assistance, to encourage the review of possible cases of wrongful conviction and facilitate post-conviction relief by establishing or expanding State and local conviction integrity units and by providing high-quality representation for defendants litigating post-conviction claims of innocence. (b) Conviction integrity unit grants (1) Eligible entity defined In this subsection, the term eligible entity means a prosecutor’s office or a State attorney general’s office that may work in partnership with a nonprofit organization, law school innocence clinic, or public defender’s office dedicated to receiving petitions for or reviewing wrongful convictions and wrongful sentences. (2) Authorization The Attorney General, acting through the Director of the Bureau of Justice Assistance, shall make grants to eligible entities for the purpose of creating State and local conviction integrity units or entities. (3) Application requirements Each application for a grant under this subsection shall— (A) demonstrate a plan by the applicant to create, maintain, or expand a State or local conviction integrity unit with the intention to conduct substantive, evidence-based conviction review; (B) develop a tool to survey or conduct focus groups with community members, non-profit organizations, or public defender offices dedicated to receiving petitions for or reviewing wrongful convictions, and existing local Conviction Integrity Units in order to identify— (i) the needs of individuals or their counsel seeking review of their convictions or sentences; and (ii) the needs of existing local conviction integrity units and non-profit organizations or public defender’s offices dedicated to receiving petitions for or reviewing wrongful convictions; (C) use the information gathered under subparagraph (B) and conviction integrity unit best practices to advise procedural conduct in conviction review; (D) develop procedures to ensure that conviction integrity unit is able to operate independently in rules and practice from the other units within the district attorney’s offices or any prosecutors previously involved with the case; (E) in the case of a prosecutor's office that cannot meet the requirement in subparagraph (D) because of the size of the office, provide a written policy detailing reasonable steps that shall be taken to preserve independence and ethical integrity during the investigation; (F) allow for meaningful participation in the review process by petitioner’s counsel; and (G) develop victim notification procedures for final exonerations as appropriate. (4) Preference In awarding grants under this subsection, the Attorney General shall give preference to applicants who demonstrate a partnership with a nonprofit organization, law school innocence clinic, or public defender’s office dedicated to receiving petitions for or review wrongful convictions and wrongful sentences. (5) Authorization of appropriations There are authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2027 to carry out this subsection, of which not more than 5 percent of the grant funding shall be used for training and technical assistance for grantees. (c) Wrongful conviction review grants (1) Eligible entity defined In this subsection, the term eligible entity means a non-profit organization, institution of higher education, or State or local public defender office that has in-house post-conviction representation programs that show demonstrable experience or competence in litigating post-conviction claims of innocence. (2) Authorization The Attorney General shall establish a wrongful conviction review grant program and award grants to eligible entities for the purpose of providing high-quality post-conviction representation for defendants in post-conviction claims of innocence. (3) Use of funds A grant awarded under this subsection shall be used to support an eligible entity in providing— (A) post-conviction legal representation of innocence claims; (B) case review, evaluation, and management; (C) experts; (D) potentially exonerative forensic testing; and (E) investigation services related to supporting these post-conviction innocence claims. (4) Authorization of appropriations There are authorized to be appropriated $30,000,000 for each of fiscal years 2022 through 2027 to carry out this subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s2772is/xml/BILLS-117s2772is.xml |
117-s-2773 | II 117th CONGRESS 1st Session S. 2773 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Leahy (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Leahy-Smith America Invents Act to address satellite offices of the United States Patent and Trademark Office, and for other purposes.
1. Short title This Act may be cited as the Unleashing American Innovators Act of 2021 . 2. Definitions In this Act: (1) Director The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the Office. (2) Office The term Office means the United States Patent and Trademark Office. (3) Patent pro bono programs The term patent pro bono programs means the programs established pursuant to section 32 of the Leahy-Smith America Invents Act ( 35 U.S.C. 2 note). (4) Southeast region of the United States The term southeast region of the United States means the area of the United States that is comprised of the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas. 3. Satellite offices (a) Amendments to purpose and required considerations Section 23 of the Leahy-Smith America Invents Act ( 35 U.S.C. 1 note) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking increase outreach activities to ; and (ii) by inserting after Office the following: , including by increasing outreach activities, including to individual innovators, small businesses, veterans, and any other demographic group or category of innovators that the Director may determine, after notice in the Federal Register, to be underrepresented in patent filings ; and (B) by striking paragraph (2) and inserting the following: (2) enhance patent examiner and administrative patent judge retention, including patent examiners and administrative patent judges from economically, geographically, and demographically diverse backgrounds; ; and (2) in subsection (c)(1)— (A) in subparagraph (D), by striking and at the end; (B) in subparagraph (E), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (F) with respect to each office established after January 1, 2021, shall consider the proximity of the office to anchor institutions (such as hospitals primarily serving veterans and institutions of higher education) and populations that the Director may determine to be underrepresented in patent filings, including rural populations. . (b) Southeast regional office (1) In general Not later than 3 years after the date of enactment of this Act, the Director shall establish a satellite office of the Office in the southeast region of the United States. (2) Considerations When establishing the office required under paragraph (1), the Director shall consider the following: (A) The number of patent-intensive industries located near the selection site. (B) How many research-intensive institutions, including institutions of higher education, are located near the selection site. (C) The State and local government legal and business frameworks that support intellectual property-intensive industries located near the selection site. (c) Study on additional satellite offices Not later than 2 years after the date of enactment of this Act, the Director shall complete a study to determine whether additional satellite offices of the Office are necessary to— (1) achieve the purposes described in section 23(b) of the Leahy-Smith America Invents Act ( 35 U.S.C. 1 note), as amended by this section; and (2) increase participation in the patent system by women, people of color, veterans, individual inventors, or members of any other demographic, geographic, or economic group that the Director may determine to be underrepresented in patent filings. 4. Community Outreach Offices (a) Establishment (1) In general Subject to paragraphs (2) and (3), not later than 5 years after the date of enactment of this Act, the Director shall establish not fewer than 2 community outreach offices in each region of the United States that, as of that date of enactment, is served by— (A) a satellite office of the Office; or (B) the principal office of the Office. (2) Restriction No community outreach office established under paragraph (1) may be located in the same State as— (A) the principal office of the Office; or (B) any satellite office of the Office. (3) Requirement for Northern New England region (A) In general The Director shall establish not less than 1 community outreach office under this subsection in the northern New England region, which shall serve the States of Vermont, New Hampshire, and Maine. (B) Considerations In determining the location for the office required to be established under subparagraph (A), the Director shall give preference to a location in which— (i) as of the date of enactment of this Act— (I) there is located not less than 1 public institution of higher education and not less than 1 private institution of higher education; and (II) there are located not more than 15 registered patent attorneys, according to data from the Office of Enrollment and Discipline of the Office; and (ii) according to data from the 2012 Survey of Business Owners conducted by the Bureau of the Census, less than 45 percent of the firms are owned by women, minorities, or veterans. (b) Purposes The purposes of the community outreach offices established under subsection (a) are to— (1) further achieve the purposes described in section 23(b)(1) of the Leahy-Smith America Invents Act ( 35 U.S.C. 1 note), as amended by this Act; (2) partner with local community organizations, institutions of higher education, research institutions, and businesses to create community-based programs that— (A) provide education regarding the patent system; and (B) promote the career benefits of innovation and entrepreneurship; and (3) educate prospective inventors, including veterans, individual inventors, and individuals from demographic, geographic, or economic groups that the Director may determine to be underrepresented in patent filings, about all public and private resources available to potential patent applicants, including the patent pro bono programs. (c) Subordinate to satellite offices The community outreach offices established under this section shall be subordinate, and report directly, to the principal office of the Office or the satellite office of the Office that corresponds to the region in which that community outreach office is located, as applicable. 5. Updates to the patent pro bono program (a) Study and updates (1) In general Not later than 1 year after the date of enactment of this Act, the Director shall— (A) complete a study of the patent pro bono programs; and (B) submit the results of the study required under subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (2) Scope of the study The study required under paragraph (1)(A) shall— (A) assess— (i) whether the patent pro bono programs, as in effect on the date on which the study is commenced, are sufficiently serving veterans, individual inventors, and members of demographic, geographic, and economic groups that the Director may determine to be underrepresented in patent filings; (ii) whether the patent pro bono programs are sufficiently funded to serve prospective participants; (iii) whether the participation requirements of the patent pro bono programs, including the requirement to demonstrate knowledge of the patent system, serve as a deterrent for prospective participants; (iv) the degree to which prospective inventors are aware of the patent pro bono programs; (v) the degree to which the length of prosecution time for pro bono applicants serves as a deterrent for attorneys to participate in the patent pro bono programs; and (vi) any other issue the Director determines appropriate; and (B) make recommendations for such administrative and legislative action as may be appropriate. (b) Use of results Upon completion of the study required under subsection (a), the Director shall work with the Patent Pro Bono Advisory Council, existing regional programs, and intellectual property law associations across the United States to update the patent pro bono programs in response to the findings of the study. (c) Expansion of income eligibility The Director shall work with and support existing (as of the date of enactment of this Act) regional programs and intellectual property law associations across the United States to expand eligibility for the patent pro bono programs to an individual living in a household, the gross household income of which is not more than 400 percent of the Federal poverty line. 6. Pre-prosecution patentability assessment pilot program (a) Pilot program Not later than 1 year after the date of enactment of this Act, the Director shall establish a pilot program to assist first-time prospective patent applicants in assessing the viability of a potential patent application submitted by such a prospective applicant. (b) Considerations In developing the pilot program required under subsection (a), the Director shall establish— (1) a notification process to notify a prospective patent applicant seeking an assessment described in that subsection that any assessment so provided may not be considered an official ruling of patentability from the Office; (2) conditions to determine eligibility for the pilot program, taking into consideration available resources; (3) reasonable limitations on the amount of time to be spent providing assistance to each individual first-time prospective patent applicant; and (4) procedures for referring prospective patent applicants to legal counsel, including through the patent pro bono programs. 7. Fee reduction for small and micro entities (a) Title 35 Section 41(h) of title 35, United States Code, is amended— (1) in paragraph (1), by striking 50 percent and inserting 75 percent or more, at the discretion of the Director, ; and (2) in paragraph (3), by striking 75 percent and inserting 90 percent or more, at the discretion of the Director, . (b) Leahy-Smith America Invents Act Section 10(b) of the Leahy Smith America Invents Act ( 35 U.S.C. 41 note) is amended by striking 75 percent and inserting 90 percent or more, at the discretion of the Director, . | https://www.govinfo.gov/content/pkg/BILLS-117s2773is/xml/BILLS-117s2773is.xml |
117-s-2774 | II 117th CONGRESS 1st Session S. 2774 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Leahy (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 35, United States Code, to address patent ownership, and for other purposes.
1. Short title This Act may be cited as the Pride in Patent Ownership Act . 2. Patents (a) Amendments to title 35 (1) In general Title 35, United States Code, is amended— (A) in chapter 11, by adding at the end the following: 124. Government funding of patent applications and maintenance fees (a) Government funding of patent applications For any application for patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for prosecution of the application, the application shall include, or be amended to include, a statement describing the amount and source of the funding provided by the entity. (b) Government funding of maintenance fees For any patent, if any governmental entity, including a foreign governmental entity, provides funding specifically for the purpose of paying maintenance fees to the Office under section 41, or specifically for the purpose of paying an attorney or patent agent for submitting those maintenance fees, the patentee shall file a separate statement describing the amount and source of the funding provided by the entity. ; and (B) in section 261— (i) by striking the first undesignated paragraph and inserting the following: (a) In general (1) Attributes of personal property Subject to the provisions of this title, patents shall have the attributes of personal property. (2) Register of interests (A) In general The Patent and Trademark Office shall maintain a register of interests in patents and applications for patents and shall record any document related thereto upon request, and may require a fee therefor. (B) Public availability The Office shall make the information described in subparagraph (A) publicly accessible, to the extent permitted by law. (3) Requirement to record certain assignments and other interests (A) In general Whenever a patent issues, or certain rights or interests in a patent (as defined by the Director) are assigned, granted, or conveyed to any person, including a governmental or legal entity, including a parent corporation— (i) the patentee shall, not later than 90 days after the effective date of the issuance, assignment, grant, or conveyance, as applicable, submit, or cause to be submitted, a request described in paragraph (2), unless such a request was submitted before the issuance of the patent; and (ii) the Office shall, not later than 60 days after the date on which the Office receives a request submitted under clause (i)— (I) notify the patentee regarding any error in the request; or (II) record the interest in the register described in paragraph (2). (B) Effect of failure to comply If a patentee fails to comply with subparagraph (A)(i), no party may recover, for infringement of the applicable patent in any action, increased monetary damages under section 284 during the period beginning on the date that is 91 days after the effective date of the issuance, assignment, grant, or conveyance with respect to the patent, as applicable, and ending on the date on which that issuance, assignment, grant, or conveyance is properly requested to be recorded under paragraph (2). ; (ii) in the first undesignated paragraph following subsection (a), as so designated by clause (i) of this subparagraph, by striking Applications and inserting the following: (b) Applications and patents assignable Applications ; (iii) in the first undesignated paragraph following subsection (b), as so designated by clause (ii) of this subparagraph, by striking A certificate and inserting the following: (c) Certificate of acknowledgment A certificate ; and (iv) in the undesignated paragraph following subsection (c), as so designated by clause (iii) of this subparagraph, by striking An interest and inserting the following: (d) Effect of assignment An interest . (2) Technical and conforming amendment The table of sections for chapter 11 of title 35, United States Code, is amended by adding at the end the following: 124. Government funding of patent applications and maintenance fees. . (3) Effective dates; applicability (A) In general Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) Amendments regarding ownership and assignment (i) In general Except as provided in clause (ii), the amendments made by paragraph (1)(B) shall take effect on the date of enactment of this Act. (ii) Requirement to record assignments and certain other interests Paragraph (3) of subsection (a) of section 261 of title 35, United States Code, as so designated by paragraph (1)(B)(i) of this subsection, shall— (I) take effect on the effective date described in subparagraph (A); and (II) apply with respect to any patent issuance, assignment, grant, or conveyance that occurs on or after the effective date described in subclause (I). (b) Rules Not later than 1 year after the date of enactment of this Act, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (referred to in this section as the Director ) shall issue rules that accomplish the following: (1) (A) Define the term certain rights or interests in a patent for the purposes of subsection (a)(3) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section. (B) For the purposes of subparagraph (A), the Director may review rules defining the term beneficial owner issued by other Federal entities and agencies, including the Committee on Foreign Investment in the United States, the Department of the Treasury, and the Securities and Exchange Commission. (2) Establish procedures for the proper recording of interests in patents that— (A) provide for— (i) notice of any error in a request submitted under subsection (a)(2) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section; and (ii) an opportunity to correct an error described in clause (i) not later than 60 days after the date on which the Director notifies the submitting party regarding the error; and (B) describe— (i) which types of errors described in subparagraph (A)(i) are eligible for correction without having to change the date of submission of the original request; and (ii) which types of errors described in subparagraph (A)(i) must result in a new request with a new submission date. (3) Implement section 124 of title 35, United States Code, as added by subsection (a)(1) of this section, including by imposing a penalty for a failure to disclose funding provided by a governmental entity, as required under such section 124. (4) Otherwise implement the amendments made by subsection (a)(1). (c) Register Not later than 2 years after the date of enactment of this Act, the Director shall, with respect to the register described in subsection (a)(2) of section 261 of title 35, United States Code, as so designated by subsection (a)(1) of this section, create a publicly accessible database that is digitally searchable with fields based on patent number, assignee, assignor, assignment date, and other criteria determined by the Director. | https://www.govinfo.gov/content/pkg/BILLS-117s2774is/xml/BILLS-117s2774is.xml |
117-s-2775 | II 117th CONGRESS 1st Session S. 2775 IN THE SENATE OF THE UNITED STATES September 21, 2021 Ms. Cortez Masto (for herself, Mr. Brown , Mr. Durbin , Ms. Warren , Ms. Smith , Mr. Blumenthal , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to provide for whistleblower incentives and protection.
1. Short title This Act may be cited as the Financial Compensation for CFPB Whistleblowers Act . 2. Bureau whistleblower incentives and protection (a) In general The Consumer Financial Protection Act ( 12 U.S.C. 5481 et seq. ) is amended by adding at the end of section 1017 the following: 1017A. Whistleblower incentives and protection (a) Definitions In this section: (1) Administrative proceeding or court action The term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions exceeding $1,000,000. (2) Fund The term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). (3) Monetary sanctions The term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). (4) Original information The term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and (D) is not exclusively derived from an allegation made in an audit, examination, or investigation. (5) Successful enforcement The term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. (6) Whistleblower The term whistleblower means any individual, or 2 or more individuals acting jointly, who provides original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. (b) Awards (1) In general In any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to— (A) not less than 10 percent, in total, of the civil money penalties collected by the Bureau in the action; and (B) not more than 30 percent, in total, of the civil money penalties collected by the Bureau in the action. (2) Payment of awards Any amount paid under paragraph (1) shall be paid from the Fund. (3) Award minimum If the Bureau collects less than $1,000,000 in civil money penalties in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of— (A) 10 percent of the civil money penalties collected; or (B) $50,000. (c) Determination of amount of award; denial of award (1) Determination of amount of award (A) Discretion The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. (B) Criteria In determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration— (i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; (iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. (2) Denial of award No award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); (B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; (D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and (F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require. (d) Representation (1) Permitted representation Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation (A) In general Any whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. (B) Disclosure of identity Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. (e) No contract necessary No contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. (f) Appeals Any determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. The court shall review the determination made by the Bureau in accordance with section 706 of title 5. (g) Reports to Congress Not later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. (h) Protection of whistleblowers (1) Confidentiality (A) In general Except as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. (B) Effect Nothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (C) Availability to government agencies (i) In general Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to— (I) the Department of Justice; (II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (III) a State attorney general in connection with any criminal investigation; (IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and (V) a foreign regulatory authority. (ii) Maintenance of information Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). (2) Rights retained Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement. (i) Rulemaking authority The Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. (j) Original information Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. (k) Provision of false information A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. (l) Unenforceability of certain agreements (1) No waiver of rights and remedies Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements Except as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section. (3) Exception Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title. . (b) Consumer Financial Civil Penalty Fund Section 1017(d)(2) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497(d)(2) ) is amended, in the first sentence, by inserting and for awards authorized under section 1017A before the period at the end. | https://www.govinfo.gov/content/pkg/BILLS-117s2775is/xml/BILLS-117s2775is.xml |
117-s-2776 | II 117th CONGRESS 1st Session S. 2776 IN THE SENATE OF THE UNITED STATES September 21, 2021 Ms. Warren (for herself, Mr. Markey , Mr. Padilla , Ms. Hirono , Mr. Sanders , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To clarify that the Secretary of Health and Human Services has authority to implement a residential eviction moratorium under the quarantine authority vested by the Public Health Service Act, and for other purposes.
1. Short title This Act may be cited as the Keeping Renters Safe Act . 2. Clarification HHS has authority for residential eviction moratoria Section 361 of the Public Health Service Act ( 42 U.S.C. 264 ) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: (e) Consistent with the standard described in subsection (a), regulations under this section may implement, maintain, or extend a residential eviction moratorium. . 3. COVID–19 eviction moratorium (a) In general The Secretary of Health and Human Services shall implement a national residential eviction moratorium under section 361 of the Public Health Service Act ( 42 U.S.C. 264 ) to reduce the introduction, transmission, and spread of COVID–19 and otherwise address the public health emergency declared under section 319 of the such Act ( 42 U.S.C. 247d ) with respect to COVID–19. (b) Applicability The moratorium under subsection (a) shall— (1) be automatic, without requiring individuals to apply for coverage; and (2) apply to all residential eviction filings, hearings, judgments, and execution of judgments, except that the Secretary of Health and Human Services may establish moratorium exceptions necessary to protect the health and safety of others. (c) Period following public health emergency The moratorium under subsection (a) shall remain in effect at least 60 days after the conclusion of the public health emergency described in such subsection, including any extensions thereof. | https://www.govinfo.gov/content/pkg/BILLS-117s2776is/xml/BILLS-117s2776is.xml |
117-s-2777 | II 117th CONGRESS 1st Session S. 2777 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Schatz (for himself, Ms. Murkowski , Ms. Hirono , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to make adjustments to payment rates for skilled nursing facilities under the Medicare program to account for certain unique circumstances.
1. Short title This Act may be cited as the Equitable Payments for Nursing Facilities Act of 2021 . 2. Authorizing the Secretary of Health and Human Services to make adjustments to payment rates for skilled nursing facilities under the Medicare program to account for certain unique circumstances Section 1888(e)(4)(G) of the Social Security Act ( 42 U.S.C. 1395yy(e)(4)(G) ) is amended by adding at the end the following new clause: (iv) Adjustment for unique circumstances The Secretary may provide for such adjustments as determined appropriate by the Secretary to take into account the unique circumstances of skilled nursing facilities located in Alaska or Hawaii. . | https://www.govinfo.gov/content/pkg/BILLS-117s2777is/xml/BILLS-117s2777is.xml |
117-s-2778 | II 117th CONGRESS 1st Session S. 2778 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Cornyn (for himself, Mr. Warner , Mr. Scott of South Carolina , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title II of the Higher Education Act of 1965 to provide for teacher, principal, and other school leader quality enhancement.
1. Short title This Act may be cited as the Teachers and School Leaders need Education And Development to be Empowered Resources in Schools Act of 2021 or the Teachers and School LEADERS Act of 2021 . 2. Teacher, principal, and other school leader quality enhancement (a) Definitions Section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ) is amended to read as follows: 200. Definitions In this title: (1) Arts and sciences The term arts and sciences means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. (2) Children from low-income families The term children from low-income families means children described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965. (3) Comprehensive literacy instruction The term comprehensive literacy instruction has the meaning given the term in section 2221(b) of the Elementary and Secondary Education Act of 1965. (4) Early childhood educator The term early childhood educator means an individual with primary responsibility for the education of children in an early childhood education program. (5) Educational service agency The term educational service agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (6) Eligible partnership (A) Eligible entity In this paragraph, the term eligible entity means an entity that shall include— (i) a high-need local educational agency; and (ii) (I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or (II) as applicable, a high-need early childhood education program. (B) In general Except as otherwise provided in section 251, the term eligible partnership means an eligible entity that is in partnership with at least one of the following entities whose practices have a demonstrated record of success with high-need local educational agencies (including in addressing the eligible entity’s human capital needs): (i) A partner institution. (ii) A school, department, or program of education within such partner institution, which may include an existing teacher or school leader professional development program with proven outcomes that provides intensive and sustained collaboration between faculty, or program staff, and local educational agencies consistent with the requirements of this title. (iii) A school or department of arts and sciences within such partner institution. (iv) An entity operating a program that provides alternative routes to State certification of teachers or school leaders. (v) A public or private nonprofit educational organization. (vi) An educational service agency. (C) Permissive partners An eligible partnership may include any of the following: (i) The Governor of the State. (ii) The State educational agency. (iii) The State board of education. (iv) The State agency for higher education. (v) A business. (vi) A teacher organization. (vii) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership. (viii) A charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965). (ix) A school or department within the partner institution that focuses on psychology and human development. (x) A school or department within the partner institution with comparable expertise in the disciplines of teaching, learning, and child and adolescent development. (7) English learner The term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (8) Evidence-based The term evidence-based has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (9) Exemplary teacher The term exemplary teacher has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the enactment of the Every Student Succeeds Act. (10) High-need early childhood education program The term high-need early childhood education program means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency. (11) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) for which not less than 20 percent of the children served by the agency are children from low-income families; (B) that serves not fewer than 10,000 children from low-income families; (C) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 5211(b) of the Elementary and Secondary Education Act of 1965; or (D) that meets the eligibility requirements for funding under the Rural and Low-Income School Program under section 5221(b) of the Elementary and Secondary Education Act of 1965. (12) High-need school (A) In general The term high-need school has the meaning given the term in section 2221(b) of the Elementary and Secondary Education Act of 1965. (B) Special rule (i) Designation by the Secretary The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this title. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership. (ii) Application requirements An application for designation of a school under clause (i) shall include— (I) the number and percentage of students attending such school who are— (aa) age 5 through 17 in poverty counted in the most recent census data approved by the Secretary; (bb) eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act; (cc) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or (dd) eligible to receive medical assistance under the Medicaid program; (II) information about the student academic achievement of students at such school; and (III) for a secondary school, the graduation rate for such school. (13) Highly competent The term highly competent , when used with respect to an early childhood educator, means an educator— (A) with specialized education and training in development and education of young children from birth until entry into kindergarten; (B) with— (i) a baccalaureate degree in an academic major in the arts and sciences; or (ii) an associate’s degree in a related educational area; and (C) who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education. (14) Induction program The term induction program means a formalized program for new teachers or school leaders, during not less than the teachers’ or school leaders’ first 2 years of, respectively, teaching or leading, that is designed to provide support for, and improve the professional performance and advance the retention in the education field of, new teachers or school leaders. Such program shall promote effective teaching or leadership skills and shall include the following components: (A) High-quality mentoring. (B) Periodic, structured time for collaboration, including with mentors, as well as time for information-sharing among teachers, principals, other school leaders and administrators, other appropriate instructional staff, and participating faculty or program staff in the partner institution. (C) The application of evidence-based instructional practices. (D) Opportunities for new teachers or school leaders to draw directly on the expertise of mentors, faculty or program staff, and researchers to support the integration of evidence-based research with practice. (E) The development of skills in evidence-based instructional and behavioral interventions. (F) Faculty or program staff who— (i) model the integration of research and practice in the classroom and school; and (ii) as appropriate, assist new teachers or school leaders with the effective use and integration of technology into the classroom or school. (G) Interdisciplinary collaboration among exemplary teachers or school leaders, faculty or program staff, researchers, and other staff who prepare new teachers or school leaders with respect to, as applicable, the learning process, the assessment of learning, or the leadership of a school. (H) As applicable to the role of the teacher or school leader, assistance with the understanding of data, particularly student achievement data, and the applicability of such data in classroom instruction and school leadership. (I) Regular and structured observation and evaluation of new teachers by multiple evaluators, including principals or other school leaders, using valid and reliable measures of teaching skills. (15) Mentoring The term mentoring means the mentoring of new or prospective teachers or school leaders through a program that— (A) includes clear criteria for the selection of teacher or school leader mentors who may be program staff and who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on evidence-based measures of teacher or school leader effectiveness; (B) as applicable, provides high-quality training for such mentors, including instructional strategies for literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, which may include positive behavioral interventions and supports); (C) as applicable, provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching or leading methods in classroom or school settings during the day in a high-need school in the high-need local educational agency in the eligible partnership; (D) provides paid release time for mentors, as applicable; (E) for teachers, provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee; (F) for teachers, promotes empirically based practice of, and evidence-based research on, where applicable— (i) teaching and learning; (ii) assessment of student learning; (iii) the development of teaching skills through the use of instructional and behavioral interventions; and (iv) the improvement of the mentees’ capacity to measurably advance student learning; and (G) includes— (i) common planning time or regularly scheduled collaboration for the mentor and mentee; and (ii) as applicable, joint professional development opportunities. (16) Parent The term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (17) Partner institution The term partner institution means an institution of higher education (which may be a 2-year institution of higher education offering a dual program with a 4-year institution of higher education), a local educational agency, or a private nonprofit organization that is participating in an eligible partnership and has a teacher or school leader preparation program that— (A) in the case of a teacher preparation program— (i) graduates prospective teachers who exhibit strong performance on State-determined qualifying assessments for new teachers as demonstrated by— (I) 80 percent or more of such graduates of the program who intend to enter the field of teaching having passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or (II) being ranked among the highest-performing teacher preparation programs in the State as determined by the State using the State report card on teacher preparation required under section 205(b); and (ii) requires each student in the program— (I) to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience; (II) preparing to become a teacher to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, to meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and (III) preparing to become an early childhood educator to meet degree requirements, as established by the State, and become highly competent; and (B) in the case of a school leader preparation program— (i) graduates prospective principals and other school leaders who exhibit a strong record of successful school leadership as demonstrated by— (I) a high percentage of such graduates taking positions as school leaders, particularly in high-need schools, within 3 years of completing the program; and (II) a high percentage of such graduates rated effective or above in State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other, comparable indicators of performance; (ii) requires each student in the program to demonstrate strong potential to improve student academic achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment (including, as applicable, a demonstrated record of increasing student academic achievement for all students and for the subgroups of students defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 prior to a student’s being accepted into and entering a program); and (iii) requires each student in the program to participate in intensive clinical experience in a school-based setting (including by assuming substantial leadership responsibilities) where the student can be evaluated on leadership skills and on his or her effect on student outcomes as part of program completion. (18) Professional development The term professional development has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (19) School leader The term school leader has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (20) Teaching residency program The term teaching residency program means a school-based teacher preparation program in which a prospective teacher— (A) for one academic year, teaches alongside a mentor teacher, who is the teacher of record; (B) receives concurrent instruction during the year described in subparagraph (A) from an eligible partner described in any of clauses (i) through (vi) of paragraph (6)(B), which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed; (C) acquires effective teaching skills; and (D) prior to completion of the program, attains full State teacher certification or licensure, and, with respect to special education teachers, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act. (21) Teaching skills The term teaching skills means skills that enable a teacher to— (A) increase student learning, achievement, and the ability to apply knowledge, which may include through the use of data, including data from interim, formative, and summative assessments, and student growth data, attendance, behavior, course grades, and other measures of school quality or student success to improve student achievement and to improve classroom instruction; (B) effectively convey and explain academic subject matter; (C) effectively teach higher-order analytical, evaluation, problem-solving, and communication skills; (D) employ strategies grounded in the disciplines of teaching and learning that— (i) are based on empirically based practice and evidence-based research, where applicable, related to teaching and learning; (ii) are specific to academic subject matter; and (iii) focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are English learners, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs; (E) conduct an ongoing assessment of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation); (F) effectively manage a classroom, including the ability to implement positive behavioral interventions and support strategies; (G) communicate and work with parents, and involve parents in their children’s education; (H) use, in the case of an early childhood educator, age-appropriate and developmentally appropriate strategies and practices for children in early childhood education programs; and (I) effectively use data to support teaching and learning, while safeguarding each student's personally identifiable information, in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ) and related best practice. (22) Well-rounded education The term well-rounded education has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. . (b) Teacher and school leader quality partnership grants Part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1022 et seq. ) is amended to read as follows: A Teacher and school leader quality partnership grants 201. Purposes The purposes of this part are to— (1) improve student achievement; (2) improve the quality of prospective and new teachers, principals, and other school leaders by improving the preparation of prospective teachers, principals, and other school leaders and enhancing professional development activities for new teachers, principals, and other school leaders; (3) hold teacher, principal, and other school leader preparation programs accountable for preparing effective teachers, principals, and other school leaders and for preparing teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and (4) recruit highly qualified individuals, including minorities and individuals from other occupations, into the educator workforce. 202. Partnership grants (a) Program authorized From amounts made available under section 209, the Secretary is authorized to award grants, on a competitive basis, to eligible partnerships, to enable the eligible partnerships to carry out the activities described in subsection (c). (b) Application Each eligible partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall contain— (1) a needs assessment of the partners in the eligible partnership with respect to— (A) the preparation, ongoing training, professional development, and retention of, as applicable to the role, general education and special education teachers, teacher leaders, principals, other school leaders, and early childhood educators; and (B) the placement of such individuals in areas of high need, including rural and geographically isolated communities and school leader shortage areas; (2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective and new teachers with strong teaching skills or prepare prospective and new school leaders with strong school leadership skills; (3) a description of how such program will prepare prospective and new teachers or school leaders, or both, to understand and use research and data to modify and improve classroom instruction or support instructional leadership; (4) a description of— (A) how the eligible partnership will coordinate strategies and activities assisted under the grant with other teacher and school leader preparation or professional development programs, including programs funded under title II and other provisions of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act, and through the National Science Foundation; and (B) how the activities of the partnership will be consistent with State, local, and other education reform activities that promote teacher or school leader quality and student academic achievement; (5) an assessment that describes the resources available to the eligible partnership, including— (A) the integration of funds from other related sources; (B) the intended use of the grant funds; and (C) the commitment of the resources of the partnership to the activities assisted under this section, including financial support, faculty or program staff participation, and time commitments, and to the continuation of the activities when the grant ends; (6) a description of— (A) how the eligible partnership will meet the purposes of this part; (B) how the partnership will carry out the activities required under subsection (d), (e), or (f) based on the needs identified in paragraph (1), with the goal of improving student academic achievement; (C) if the partnership chooses to use funds under this section for a project or activities under subsection (g), how the partnership will carry out such project or required activities based on the needs identified in paragraph (1), with the goal of improving student academic achievement; (D) the partnership’s evaluation plan under section 204(a); (E) how the partnership will align the teacher or school leader preparation program under subsection (c) with— (i) as applicable, State early learning standards for early childhood education programs and the relevant domains of early childhood development; and (ii) challenging State academic standards under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965, established by the State in which the partnership is located; (F) with respect to a grant for a teacher preparation program or school leadership preparation program, how the partnership will prepare or support general education teachers to teach students with disabilities, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; (G) with respect to a grant for a teacher preparation program or school leadership preparation program, how the partnership will prepare or support general education and special education teachers to teach students who are English learners; (H) with respect to a grant for a teacher preparation program, how faculty at the partner institution will work, during the term of the grant, with teachers to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, in the classrooms of high-need schools served by the high-need local educational agency in the partnership to— (i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers; and (ii) train other classroom teachers to provide comprehensive literacy instruction; (I) with respect to a grant for a teacher preparation program, how the partnership will design, implement, or enhance a year-long and rigorous teaching preservice clinical program component; (J) how the partnership will support in-service professional development strategies and activities; (K) how the partnership will recruit program participants, including, as practicable, how it will ensure that individuals who enter principal or other school leader preparation programs have prior teaching or other appropriate experience; and (L) how the partnership will collect, analyze, and use data on the retention of, as applicable, teachers, principals, other school leaders, and early childhood educators in schools and early childhood education programs located in the geographic area served by the partnership to evaluate the effectiveness of the partnership’s teacher and school leader support system; (7) with respect to an induction program carried out pursuant to paragraph (1)(B)(iv) or (3) of subsection (d)— (A) as applicable, a demonstration that the schools and departments within the institution of higher education that are part of the induction program will effectively prepare teachers, including providing content expertise and expertise in teaching, as appropriate; (B) a demonstration of the eligible partnership’s capability and commitment to, and the accessibility to and involvement of faculty or program staff in, the use of evidence-based practice and research on teaching and learning; (C) a description of how the teacher preparation program will design and implement an induction program to support, through not less than the first 2 years of teaching, all new teachers who are prepared by the teacher preparation program in the partnership and who teach in the high-need local educational agency in the partnership and, to the extent practicable, all new teachers who teach in such high-need local educational agency, in the further development of the new teachers’ teaching skills, including the use of mentors who are trained and compensated by such program for the mentors’ work with new teachers; and (D) a description of how faculty involved in the induction program will be able to substantially participate in an early childhood education program or an elementary school or secondary school classroom setting, as applicable, including release time and receiving workload credit for such participation; and (8) with respect to a school leadership residency program carried out under subsection (f), a description of how the program will address the school leadership needs of the geographic area to be served. (c) Use of grant funds (1) In general An eligible partnership that receives a grant under this section shall use the grant funds to carry out a program for the pre-baccalaureate preparation of teachers, the post-baccalaureate preparation of teachers, school leaders, or teacher leaders under subsection (d), a teaching residency program under subsection (e), a school leadership residency program under subsection (f), or a combination of such programs. (2) Clinical experiences and interactions An eligible partnership that receives a grant under this section may use not more than 10 percent of the grant funds to— (A) encourage the preservice and inservice clinical experiences and interactions of prospective and resident teachers or school leaders to inform the design of high-quality professional development, as described in section 8101(42) of the Elementary and Secondary Education Act of 1965, and induction programs for new teachers, if the student teaching or teaching residency program school and the placement school of such teachers are served by the same local educational agency; (B) improve teacher or school leader preparation programs’ clinical experiences, interactions, and curricula to identify skill deficiencies of prospective teachers or school leaders; and (C) create a feedback loop using data between teacher or school leader preparation programs and local educational agencies’ professional development for new teachers or school leaders. (d) Partnership grants for pre-Baccalaureate preparation of teachers, post-Baccalaureate preparation of teachers, teacher leaders, or school leaders An eligible partnership that receives a grant to carry out an effective program for the pre-baccalaureate preparation of teachers or post-baccalaureate preparation of teachers, teacher leaders, or school leaders shall carry out a program that includes all of the following: (1) Reforms (A) In general Implementing reforms, described in subparagraph (B), within each teacher preparation program and, as applicable, each preparation program for early childhood education programs, of the eligible partnership that is assisted under this section, to hold each program accountable for— (i) preparing, as applicable— (I) new or prospective teachers to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are English learners); (II) such teachers, school leaders, and early childhood educators, to understand empirically based practice and evidence-based research related to teaching and learning and the applicability of such practice and research, including through the effective use of technology, instructional techniques, and strategies consistent with the principles of universal design for learning, and through positive behavioral interventions and support strategies to improve student achievement; and (III) as applicable, early childhood educators to be highly competent; and (ii) promoting strong teaching and leading skills and techniques for early childhood educators to improve children’s cognitive, social, emotional, and physical development. (B) Required reforms The reforms described in subparagraph (A) shall include, as applicable— (i) implementing teacher preparation program curriculum changes that improve, evaluate, and assess how well all prospective and new teachers develop teaching skills; (ii) using empirically based practice and evidence-based research, where applicable, about teaching and learning so that all prospective teachers and, as applicable, early childhood educators— (I) understand and can implement research-based teaching practices in classroom instruction; (II) have knowledge of student learning methods; (III) possess skills to analyze student academic achievement data and other measures of student learning, and use such data and measures to improve classroom instruction; (IV) possess teaching skills and an understanding of effective instructional strategies across all applicable content areas that enable general education and special education teachers and early childhood educators to— (aa) meet the specific learning needs of all students, including students with disabilities, students who are English learners, students who are gifted and talented, students with low literacy levels and, as applicable, children in early childhood education programs; and (bb) differentiate instruction for such students; (V) can effectively participate as a member of the individualized education program team, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act; and (VI) can effectively provide comprehensive literacy instruction; (iii) ensuring collaboration with departments, programs, or units of a partner institution outside of the teacher preparation program in all academic content areas to ensure that prospective teachers receive training in both teaching and relevant content areas in order to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities; (iv) developing and implementing an induction program; (v) developing admissions goals and priorities aligned with the hiring objectives of the high-need local educational agency in the eligible partnership; and (vi) implementing program and curriculum changes, as applicable, to ensure that prospective teachers have the requisite content knowledge, preparation, and degree to teach Advanced Placement or International Baccalaureate courses successfully. (2) Clinical experience and interaction Developing and improving a sustained and high-quality preservice clinical education program to further develop the teaching skills of all prospective teachers and, as applicable, early childhood educators, involved in the program. Such program shall do the following: (A) Incorporate year-long opportunities for enrichment, including— (i) clinical learning in classrooms in high-need schools served by the high-need local educational agency in the eligible partnership, and identified by the eligible partnership; and (ii) closely supervised interaction between prospective teachers and faculty or program staff, experienced teachers, principals, other administrators, and other school leaders at early childhood education programs (as applicable), elementary schools, or secondary schools, and providing support for such interaction. (B) Integrate pedagogy and classroom practice and promote effective teaching skills in academic content areas. (C) Provide high-quality teacher mentoring. (D) Be offered over the course of a program of teacher preparation. (E) Be tightly aligned with coursework (and may be developed as a fifth year of a teacher preparation program). (F) Where feasible, allow prospective teachers to learn to teach in the same local educational agency in which the teachers will work, learning the instructional initiatives and curriculum of that local educational agency. (G) As applicable, provide training and experience to enhance the teaching skills of prospective teachers to better prepare such teachers to meet the unique needs of teaching in rural or urban communities. (H) Provide support and training for individuals participating in an activity for prospective or new teachers described in this paragraph or paragraph (1) or (3), and for individuals who serve as mentors for such teachers, based on each individual’s experience. Such support may include— (i) with respect to a prospective teacher or a mentor, release time for such individual’s participation; (ii) with respect to a faculty member, receiving course workload credit and compensation for time teaching in the eligible partnership’s activities; and (iii) with respect to a mentor, a stipend, which may include bonus, differential, incentive, or performance pay, based on the mentor’s extra skills and responsibilities. (3) Induction programs for new teachers or school leaders Creating an induction program for new teachers or school leaders, or, in the case of an early childhood education program, providing mentoring or coaching for new early childhood educators. (4) Support and training for participants in early childhood education programs In the case of an eligible partnership focusing on early childhood educator preparation, implementing initiatives that increase compensation for early childhood educators who attain associate or baccalaureate degrees in early childhood education. (5) Teacher or school leader recruitment Developing and implementing effective mechanisms (which may include alternative routes to State certification of teachers) to ensure that the eligible partnership is able to recruit qualified individuals to meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, or to become school leaders, through the activities of the eligible partnership, which may include an emphasis on recruiting into the teaching or school leadership professions— (A) individuals from underrepresented populations; (B) individuals to teach or lead in rural communities or high-need schools and teach in teacher shortage areas, including mathematics, science, special education, and the instruction of students who are English learners; and (C) mid-career professionals from other occupations, former military personnel, and recent college graduates with a record of academic distinction. (6) Literacy training Strengthening the literacy teaching skills of prospective and, as applicable, new elementary school and secondary school teachers— (A) to implement programs of comprehensive literacy instruction; (B) to use screening, diagnostic, formative, and summative assessments to determine students’ literacy levels, difficulties, and growth in order to improve classroom instruction and improve student reading and writing skills; (C) to provide individualized, intensive, and targeted literacy instruction for students with deficiencies in literacy skills; and (D) to integrate literacy skills in the classroom across subject areas. (7) Support and training for teacher leaders In the case of an eligible partnership focusing on teacher leader preparation, providing activities designed to enable experienced teachers to serve effectively as teacher leaders. (8) Support and training for school leaders In the case of an eligible partnership focusing on school leader preparation, providing high-quality, differentiated, school-level support services and training, to the extent feasible, to enable current principals and instructional leadership teams to support teachers, teacher leaders, and other school staff. (e) Partnership grants for the establishment of teaching residency programs (1) In general An eligible partnership receiving a grant to carry out an effective teaching residency program shall carry out a program that includes all of the following activities: (A) Supporting a teaching residency program described in paragraph (2) for high-need subjects and areas, as determined by the needs of the high-need local educational agency in the partnership. (B) Placing graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the teaching residency program and between such graduates and mentor teachers in the receiving school. (C) Ensuring that teaching residents who participate in the teaching residency program receive— (i) effective preservice preparation as described in paragraph (2); (ii) teacher mentoring; (iii) support required through the induction program as the teaching residents enter the classroom as new teachers; and (iv) the preparation described in subparagraphs (A), (B), and (C) of subsection (d)(2). (2) Teaching residency programs (A) Establishment and design A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in the high-need schools in the eligible partnership, and shall be designed to include the following characteristics of successful programs: (i) The integration of pedagogy, classroom practice, and teacher mentoring. (ii) Engagement of teaching residents in rigorous graduate-level coursework to earn a master’s degree while undertaking a guided teaching apprenticeship. (iii) Experience and learning opportunities alongside a trained and experienced mentor teacher— (I) whose teaching shall complement the residency program so that classroom clinical practice is tightly aligned with coursework; (II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and (III) who may be relieved from teaching duties as a result of such additional responsibilities. (iv) The establishment of clear criteria for the selection of mentor teachers based on measures of teacher effectiveness and the appropriate subject area knowledge. Evaluation of teacher effectiveness shall be based on, but not limited to, observations of the following: (I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative and diagnostic assessments to improve student learning. (II) Appropriate instruction that engages students with different learning styles. (III) Collaboration with colleagues to improve instruction. (IV) Analysis of gains in student learning, based on multiple measures that are valid and reliable and that, when feasible, may include valid, reliable, and objective measures of the influence of teachers on the rate of student academic progress. (V) In the case of mentor candidates who will be mentoring new or prospective literacy and mathematics coaches or instructors, appropriate skills in comprehensive literacy instruction, teacher training in comprehensive literacy strategies to ensure students receive a well-rounded education, and teacher training in mathematics instructional strategies, as appropriate. (v) Grouping of teaching residents in cohorts to facilitate professional collaboration among such residents. (vi) The development of admissions goals and priorities— (I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency, in exchange for a commitment by such agency to hire qualified graduates from the teaching residency program; and (II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession. (vii) Support for residents, once the teaching residents are hired as teachers of record, through an induction program, professional development, and networking opportunities to support the residents through not less than the residents’ first 2 years of teaching. (B) Selection of individuals as teacher residents (i) Eligible individual In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall— (I) be a recent graduate of a 4-year institution of higher education or a mid-career professional from outside the field of education possessing strong content knowledge or a record of professional accomplishment; and (II) submit an application to the teaching residency program. (ii) Selection criteria An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics: (I) Strong content knowledge or record of accomplishment in the field or subject area to be taught. (II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests. (III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership. (C) Stipends or salaries; applications; agreements; repayments (i) Stipends or salaries A teaching residency program under this subsection shall provide a one-year living stipend or salary to teaching residents during the one-year teaching residency program. (ii) Applications for stipends or salaries Each teacher residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, and containing such information and assurances, as the eligible partnership may require. (iii) Agreements to serve Each application submitted under clause (ii) shall contain or be accompanied by an agreement that the applicant will— (I) serve as a full-time teacher for a total of not less than 3 academic years immediately after successfully completing the one-year teaching residency program; (II) fulfill the requirement under subclause (I) by teaching in a high-need school served by the high-need local educational agency in the eligible partnership and teach a subject or area that is designated as high need by the partnership; (III) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the resident is employed, of the employment required in subclauses (I) and (II) at the beginning of, and upon completion of, each year or partial year of service; (IV) meet the applicable State licensure requirements, including any requirements for certification obtained through alternative routes to certification, or with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and (V) comply with the requirements set by the eligible partnership under clause (iv) if the applicant is unable or unwilling to complete the service obligation required by this clause. (iv) Repayments (I) In general A grantee carrying out a teaching residency program under this paragraph shall require a recipient of a stipend or salary under clause (i) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by clause (iii) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary. (II) Other terms and conditions Any other terms and conditions specified by the eligible partnership may include reasonable provisions for pro-rata repayment of the stipend or salary described in clause (i) or for deferral of a teaching resident’s service obligation required by clause (iii), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances. (III) Use of repayments An eligible partnership shall use any repayment received under this clause to carry out additional activities that are consistent with the purposes of this subsection. (f) Partnership grants for the establishment of school leadership residency programs (1) In general An eligible partnership that receives a grant under this section may carry out an effective school leadership residency program, which may be carried out in partnership with a local educational agency located in a rural area. (2) School leadership residency program described A school leadership residency program under this subsection shall be a school-based preparation program for principals, other school leaders, early childhood education program directors, or a combination of those individuals in which a participant— (A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and opportunity to practice and be evaluated in an authentic school or early childhood education program setting; and (B) during that academic year— (i) participates in evidence-based coursework that is aligned with leadership standards and includes evaluation of candidates throughout the program and that is integrated with clinical residency experience; and (ii) receives support from a mentor principal or other effective school leader or early childhood education director. (3) Program activities A school leadership residency program under this subsection shall include all of the following activities: (A) Preparing individuals enrolled or preparing to enroll in school leadership programs for careers as principals, early childhood education program directors, or other school leaders (including individuals preparing to work in local educational agencies located in rural areas who may perform multiple duties in addition to the role of a school leader). (B) Using evidence-based coursework that is aligned with school leadership standards (defined by the eligible partnership) and includes embedded participant assessments to evaluate candidates before program completion, training prospective principals and other school leaders to effectively— (i) provide instructional leadership, including by creating and maintaining a data-driven, professional learning community, within the leader’s school; (ii) provide a climate conducive to the professional development of teachers, with a focus on improving student academic achievement and the development of effective instructional leadership skills; (iii) understand the teaching and assessment skills needed to support successful classroom instruction and to use data to evaluate teacher instruction and drive teacher and student learning; (iv) manage resources and school time to improve student academic achievement and ensure the school environment is safe; (v) engage and involve parents, community members, the local educational agency, businesses, and other community leaders, to leverage additional resources to improve student academic achievement; and (vi) understand how students learn and develop in order to increase academic achievement for all students and provide a well-rounded education. (C) Ensuring that individuals who participate in the school leadership residency program receive— (i) effective preservice preparation as described in subparagraphs (B) and (D); (ii) mentoring; (iii) continuous feedback throughout the program on their progress; and (iv) if applicable, full State certification or licensure to become a school leader. (D) Developing and improving a sustained and high-quality preservice clinical education program to further develop the leadership skills of all prospective school leaders involved in the program. Such clinical education program shall do the following: (i) Incorporate year-long opportunities for sustained, intensive, collaborative, and high-quality job-embedded practice, including— (I) clinical learning in high-need schools served by the high-need local educational agency or a local educational agency located in a rural area in the eligible partnership and identified by the eligible partnership; (II) closely supervised interaction between prospective school leaders and faculty or program staff, new and experienced teachers, and new and experienced school leaders, in such high-need schools; and (III) substantial school leadership responsibilities where a program participant is responsible for improving the practice and performance of a subset of teachers or an interim school leader, and receives ongoing evaluation and feedback. (ii) Integrate pedagogy and practice and promote effective leadership skills, meeting the unique needs of urban, rural, or geographically isolated communities, as applicable. (iii) Provide for mentoring of new school leaders. (E) Creating a new induction program or aligning with existing induction programs for new school leaders. (F) Developing and implementing effective mechanisms to ensure that the eligible partnership is able to recruit qualified individuals to become school leaders through the activities of the eligible partnership, which— (i) may include recruitment that is informed by the needs of the geographic area to be served and a rigorous selection process that is based on competencies that are predictive of success as a school leader; and (ii) may include an emphasis on recruiting into school leadership professions— (I) individuals from underrepresented populations; (II) individuals to serve as principals or other school leaders in areas of high need, including rural and geographically isolated communities and school leader shortage areas; (III) mid-career professionals from other occupations; (IV) former military personnel; and (V) recent college graduates with past teaching experience and a record of academic distinction. (G) Ongoing review and improvement of the program. (g) Partnership with digital education content developer An eligible partnership that receives a grant under this section may use grant funds provided to carry out the activities described in subsection (d) or (e), or both, to partner with a television public broadcast station, as defined in section 397(6) of the Communications Act of 1934 ( 47 U.S.C. 397(6) ), or another entity that develops digital educational content, for the purpose of improving the quality of teacher or school leader preparation programs or to enhance the quality of preservice training for prospective teachers or school leaders. (h) Evaluation and reporting The Secretary shall— (1) evaluate the programs assisted under this section; and (2) make publicly available a report detailing the Secretary’s evaluation of each such program. (i) Consultation (1) In general Members of an eligible partnership that receives a grant under this section shall engage in regular consultation throughout the development and implementation of programs and activities carried out under this section. (2) Regular communication To ensure timely and meaningful consultation as described in paragraph (1), regular communication shall occur among all members of the eligible partnership, including the high-need local educational agency. Such communication shall continue throughout the implementation of the grant and the assessment of programs and activities under this section. (3) Written consent The Secretary may approve changes in grant activities of a grant under this section only if the eligible partnership submits to the Secretary a written consent of such changes signed by all members of the eligible partnership. (j) Construction Nothing in this section shall be construed to prohibit an eligible partnership from using grant funds to coordinate with the activities of eligible partnerships in other States or on a regional basis through Governors, State boards of education, State educational agencies, State agencies responsible for early childhood education, local educational agencies, or State agencies for higher education. (k) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this section. 203. Administrative provisions (a) Duration; number of awards; payments (1) Duration A grant awarded under this part shall be awarded for a period of 5 years. (2) Number of awards An eligible partnership may not receive more than 1 grant during a 5-year period. Nothing in this title shall be construed to prohibit an individual member, that can demonstrate need, of an eligible partnership that receives a grant under this title, from entering into another eligible partnership consisting of new members and receiving a grant with such other eligible partnership before the 5-year period described in the preceding sentence applicable to the eligible partnership with which the individual member has first partnered has expired. (b) Peer review (1) Panel The Secretary shall provide the applications submitted under this part to a peer review panel for evaluation. With respect to each application, the peer review panel shall initially recommend the application for funding or for disapproval. (2) Priority The Secretary, in funding applications under this part, shall give priority— (A) to eligible partnerships that include a partner institution whose teacher or school leader preparation program has a rigorous selection process to ensure the highest quality of students entering such program; (B) to high-quality applicants, including those whose practices have the strongest evidence of effectiveness in preparing teachers, teacher leaders, principals, or other school leaders; (C) to the equitable geographic distribution of grants among rural and urban areas; and (D) to applicants from a broad base of eligible partnerships that involve businesses and community organizations. (3) Secretarial selection The Secretary shall determine, based on the peer review process, which applications shall receive funding and the amounts of the grants. In determining grant amounts, the Secretary shall take into account the total amount of funds available for all grants under this part and the types of activities proposed to be carried out by the eligible partnership. (c) Matching requirements (1) In general Each eligible partnership receiving a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible partnership if the Secretary determines that applying the matching requirement to the eligible partnership would result in serious hardship or an inability to carry out the authorized activities described in this part. (d) Limitation on administrative expenses An eligible partnership that receives a grant under this part may use not more than 2 percent of the funds provided to administer the grant. 204. Accountability and evaluation (a) Eligible partnership evaluation Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes strong and measurable performance objectives. The plan shall include objectives and measures for increasing the following: (1) For teacher preparation programs, each of the following: (A) Achievement for all prospective and new teachers, as measured by the eligible partnership. (B) Teacher retention in the first 3 years of a teacher’s career. (C) Improvement in the pass rates and scaled scores for initial State certification or licensure of teachers. (D) The percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act hired by the high-need local educational agency with respect to each of the following: (i) Participating in the eligible partnership. (ii) Who are members of underrepresented groups. (iii) Who teach high-need academic subject areas, as determined by the State, which may include reading, mathematics, science, and foreign language, including less commonly taught languages and critical foreign languages. (iv) Who teach in high-need areas, as determined by the State, which may include special education, language instruction educational programs for students who are English learners, and early childhood education. (v) Who teach in high-need schools, disaggregated by the elementary school and secondary school levels. (E) As applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent. (F) As applicable, the percentage of teachers trained— (i) to integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and (ii) to use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student academic achievement. (2) For school leader preparation programs, each of the following: (A) The percentage of program participants who complete the program. (B) The percentage of program participants who, subsequent to completing the program, receive full State licensure for positions in school leadership. (C) The percentage of program completers who subsequently take school leadership positions in the high-need local educational agencies participating in the eligible partnership. (D) The percentage of program completers who subsequently take school leadership positions in the high-need schools served by the high-need local educational agencies participating in the eligible partnership. (E) The percentage of program completers retained in school leadership positions in the high-need local educational agencies participating in the eligible partnership and in the high-need schools served by such agencies for 3 or more years. (b) Information An eligible partnership receiving a grant under this part shall ensure that teachers, principals, other school leaders, principal supervisors, school superintendents, faculty, program staff, and leadership at institutions of higher education located in the geographic areas served by the eligible partnership are provided information, including through electronic means, about the activities carried out with funds under this part. (c) Revised application If the Secretary determines that an eligible partnership receiving a grant under this part is not making substantial progress in meeting the purposes, goals, objectives, and measures of the grant, as appropriate, by the end of the third year of a grant under this part, then the Secretary— (1) shall cancel the grant; and (2) may use any funds returned or available because of such cancellation under paragraph (1) to— (A) increase other grant awards under this part; or (B) award new grants to other eligible partnerships under this part. (d) Evaluation, research, and dissemination From amounts appropriated under section 209, the Secretary, acting through the Director of the Institute of Education Sciences shall— (1) carry out an independent evaluation to measure the effectiveness of the programs operated by partnerships assisted under this part; (2) carry out research to identify effective teacher and school leader preparation practices; (3) report the findings regarding such evaluation and research to the authorizing committees; and (4) broadly disseminate information— (A) on effective practices, including on successful practices developed by eligible partnerships under this part; and (B) regarding such practices that were found to be ineffective. 205. Accountability for programs that prepare teachers and school leaders (a) Institutional and program report cards on the quality of teacher and school leader preparation (1) Report card Each institution of higher education that conducts a traditional teacher or school leader preparation program or an alternative route to State teacher or school leader certification or licensure program and that enrolls students receiving Federal assistance under this Act, and each additional entity within the State that conducts an alternative route to a State teacher or school leader certification program and receives funds under this title, shall report annually to the State and the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, the following: (A) Goals and assurances (i) For the most recent year for which the information is available for the institution or other entity— (I) whether the goals and objectives set under section 206 or 204(a)(2), as applicable, have been met; and (II) a description of the activities the institution or entity implemented to achieve such goals or objectives. (ii) A description of the steps the institution or entity is taking to improve its performance in meeting the annual goals set under section 206. (iii) A description of the activities the institution or entity has implemented to meet the assurances provided under section 206. (B) Pass rates and scaled scores For the most recent year for which the information is available for those students who took the assessments used for teacher or school leader certification or licensure by the State in which the program is located and are enrolled in the traditional teacher or school leader preparation program or alternative routes to State certification or licensure program, and for those who have taken such assessments and have completed the traditional teacher or school leader preparation program or alternative routes to teacher or school leader State certification or licensure program during the 2-year period preceding such year, for each of such assessments— (i) the percentage of students who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment; (ii) the percentage of all students who passed such assessment; (iii) the percentage of students who have taken such assessment who enrolled in and completed the traditional teacher preparation program or alternative routes to State certification or licensure program, as applicable; (iv) the average scaled score for all students who took such assessment; (v) a comparison of the program’s pass rates with the average pass rates for programs in the State; and (vi) a comparison of the program’s average scaled scores with the average scaled scores for programs in the State. (C) Program information and outcomes A description of— (i) the criteria for admission into the program and the program's admission rate; (ii) the number of students in the program, disaggregated by race, ethnicity, and gender; (iii) the average number of hours of clinical experience required for those in the program; (iv) the total number and percentage of program entrants who complete the program; (v) the total number and percentage of program completers who become certified or licensed as teachers or school leaders and the total number and the percentage of program completers who are hired as teachers, disaggregated by subject and area of certification or licensure, or as school leaders within 3 years; and (vi) if valid and reliable data are available, the total number and percentage of program completers placed as principals who are rated effective or above on school leader evaluation and support systems after 3 years of leading a school. (D) Statement In States that require approval or accreditation of teacher or school leader preparation programs, a statement of whether the institution’s program is so approved or accredited, and by whom. (E) Designation as low-performing Whether the program has been designated as low-performing by the State under section 207(a). (F) Use of technology A description of the activities, including activities consistent with the principles of universal design for learning, that prepare teachers to integrate technology effectively into curricula and instruction, and to use technology effectively to collect, manage, and analyze data in order to improve teaching and learning for the purpose of increasing student academic achievement. (G) Teacher training A description of the activities that prepare general education and special education teachers to teach students with disabilities effectively, including training related to participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act, and to effectively teach students who are English learners. (2) Report Each eligible partnership receiving a grant under section 202 shall report annually on the progress of the eligible partnership toward meeting the purposes of this part and the objectives and measures described in section 204(a). (3) Fines The Secretary may impose a fine not to exceed $27,500 on an institution of higher education or other entity for failure to provide the information described in this subsection in a timely or accurate manner. (4) Special rule In the case of an institution of higher education that conducts a traditional teacher or school leader preparation program or alternative routes to State teacher or school leader certification or licensure program and has fewer than 10 scores reported on any single initial teacher certification or licensure assessment during an academic year, the institution shall collect and publish information, as required under paragraph (1)(B), with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period. (b) State report card on the quality of teacher and school leader preparation (1) In general Each State that receives funds under this Act shall provide to the Secretary and make widely available and easily accessible to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of teacher and school leader preparation in the State, both for traditional teacher and school leader preparation programs and for alternative routes to State teacher or school leader certification or licensure programs, which shall include not less than the following: (A) A description of the reliability and validity of the teacher and school leader certification and licensure assessments, and any other certification and licensure requirements, used by the State. (B) The standards and criteria that prospective teachers must meet to attain initial teacher certification or licensure and to be certified or licensed to teach particular academic subjects, areas, or grades within the State. (C) A description of how the assessments and requirements described in subparagraph (A) are aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and, as applicable, State early learning standards for early childhood education programs. (D) For each institution of higher education located in the State and each other entity located in the State that operates a teacher or school leader preparation program, including those that offer an alternative route for teacher or school leader certification or licensure, including for each of the assessments used by the State for teacher or school leader certification or licensure— (i) the percentage of students at such institution or entity who take and pass the assessment; and (ii) the average scaled score of individuals participating in such a program, or who have completed such a program during the 2-year period preceding the first year for which the annual State report card is provided, who took each such assessment. (E) A description of alternative routes to teacher certification or licensure in the State (including any such routes operated by entities that are not institutions of higher education), if any, including, for each of the assessments used by the State for teacher certification or licensure— (i) the percentage of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the date for which the determination is made, who passed each such assessment; and (ii) the average scaled score of individuals participating in such routes, or who have completed such routes during the 2-year period preceding the first year for which the annual State report card is provided, who took each such assessment. (F) A description of the State’s criteria for assessing the performance of teacher preparation programs within institutions of higher education in the State. Such criteria shall include indicators of the academic content knowledge and teaching skills of students enrolled in such programs. (G) For each teacher and school leader preparation program in the State— (i) the criteria for admission into the program; (ii) the number of students in the program, disaggregated by race, ethnicity, and gender (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student); (iii) the average number of hours of supervised clinical experience required for those in the program; and (iv) the number of full-time equivalent faculty, adjunct faculty, and students in supervised clinical experience. (H) If valid and reliable data are available, for each school leader preparation program in the State, the total number and percentage of program completers placed as principals who are rated effective or above on school leader evaluation and support systems after 3 years of leading a school. (I) For the State as a whole, and for each teacher preparation program in the State, the number of teachers prepared, in the aggregate and reported separately by— (i) area of certification or licensure; (ii) academic major; and (iii) subject area for which the teacher has been prepared to teach. (J) A description of the extent to which teacher and school leader preparation programs are addressing shortages of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to teacher certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, by area of certification and licensures, subject, and specialty, in the State’s public schools, as well as shortages of effective school leaders. (2) Prohibition against creating a national list The Secretary shall not create a national list or ranking of States, institutions, or schools using the scaled scores provided under this subsection. (c) Data quality The Secretary shall prescribe regulations to ensure the reliability, validity, integrity, and accuracy of the data submitted pursuant to this section. (d) Report of the secretary on the quality of teacher and school leader preparation (1) Report card The Secretary shall annually provide to the authorizing committees, and publish and make widely available, a report card on teacher and school leader qualifications and preparation in the United States, including all the information reported in subparagraphs (A) through (I) of subsection (b)(1). Such report shall identify States for which eligible partnerships received a grant under this part. (2) Report to congress The Secretary shall prepare and submit a report to the authorizing committees that contains the following: (A) A comparison of States’ efforts to improve the quality of the current and future educator workforce. (B) A comparison of eligible partnerships’ efforts to improve the quality of the current and future educator workforce. (C) The national mean and median scaled scores and pass rate on any standardized test that is used in more than one State for teacher or school leader certification or licensure. (3) Special rule In the case of a teacher or school leader preparation program with fewer than 10 scores reported on any single initial teacher or school leader certification or licensure assessment during an academic year, the Secretary shall collect and publish, and make publicly available, information with respect to an average pass rate and scaled score on each State certification or licensure assessment taken over a 3-year period. (e) Coordination The Secretary, to the extent practicable, shall coordinate the information collected and published under this part among States for individuals who took State teacher or school leader certification or licensure assessments in a State other than the State in which the individual received the individual’s most recent degree. 206. Teacher development (a) Annual goals Each institution of higher education that conducts a traditional teacher preparation program (including programs that offer any ongoing professional development programs) or alternative routes to State certification or licensure program, and that enrolls students receiving Federal assistance under this Act, shall set annual quantifiable goals for increasing the number of prospective teachers trained in teacher shortage areas designated by the Secretary or by the State educational agency, including mathematics, science, special education, and instruction of students who are English learners. (b) Assurances Each institution described in subsection (a) shall provide assurances to the Secretary that— (1) training provided to prospective teachers responds to the identified needs of the local educational agencies or States where the institution’s graduates are likely to teach, based on past hiring and recruitment trends; (2) training provided to prospective teachers is closely linked with the needs of schools and the instructional decisions new teachers face in the classroom; (3) prospective special education teachers receive coursework and training to ensure students receive a well-rounded education; (4) general education teachers receive training in providing instruction to diverse populations, including children with disabilities, students who are English learners, and children from low-income families; and (5) prospective teachers receive training on how to effectively teach in urban and rural schools, as applicable. (c) Rule of construction Nothing in this section shall be construed to require an institution to create a new teacher preparation area of concentration or degree program or adopt a specific curriculum in complying with this section. 207. State functions (a) State assessment In order to receive funds under this Act, a State shall conduct an assessment using multiple indicators to identify low-performing teacher and school leader preparation programs in the State and to assist such programs through the provision of technical assistance. Each such State shall provide the Secretary with an annual list of low-performing teacher and school leader preparation programs and an identification of those programs at risk of being placed on such list, as applicable. Such assessment shall be described in the report under section 205(b). Levels of performance shall be determined solely by the State and may include— (1) for school leader preparation programs, criteria based on data on placement and retention, school leader effectiveness, and student outcomes; and (2) for teacher and school leader preparation programs, criteria based on information collected pursuant to this part, including progress in meeting the goals of— (A) increasing the percentage of teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, who meet the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act in the State, including increasing professional development opportunities; (B) if valid and reliable data are available, increasing the percentage of principals and other school leaders who receive ratings of effective or above in State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965); (C) improving student academic achievement for elementary and secondary students; and (D) raising the standards for entry into teaching and school leadership. (b) Termination of eligibility Any teacher or school leader preparation program from which the State has withdrawn the State’s approval, or terminated the State’s financial support, due to the low performance of the program based upon the State assessment described in subsection (a)— (1) shall be ineligible for any funding for professional development activities awarded by the Department; (2) may not be permitted to accept or enroll any student who receives aid under title IV in the institution’s teacher preparation program; (3) shall provide transitional support, including remedial services if necessary, for students enrolled at the institution at the time of termination of financial support or withdrawal of approval; and (4) shall be reinstated upon demonstration of improved performance, as determined by the State. (c) Negotiated rulemaking If the Secretary develops any regulations implementing subsection (b)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations. (d) Application of the requirements The requirements of this section shall apply to both traditional teacher and school leader preparation programs and alternative routes to State certification and licensure programs. 208. General provisions (a) Methods In complying with sections 205 and 206, the Secretary shall ensure that States and institutions of higher education use fair and equitable methods in reporting and that the reporting methods do not reveal personally identifiable information. (b) Special rule For each State that does not use content assessments as a means of ensuring that all teachers teaching the subjects that are part of a well-rounded education within the State meet the applicable State certification and licensure requirements, including requirements for certification obtained through alternative routes to certification, in accordance with the State plan submitted or revised under section 1111 of such Act, and that each person employed as a special education teacher in the State who teaches elementary school or secondary school meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, the Secretary shall— (1) to the extent practicable, collect data comparable to the data required under this part from States, local educational agencies, institutions of higher education, or other entities that administer such assessments to teachers or prospective teachers; and (2) notwithstanding any other provision of this part, use such data to carry out requirements of this part related to assessments, pass rates, and scaled scores. (c) Release of information to teacher and school leader preparation programs for program improvement (1) In general For the purpose of improving teacher and school leader preparation programs, a State that receives funds under this Act, or that participates as a member of a partnership, consortium, or other entity that receives such funds, shall regularly provide to a teacher or school leader preparation program any and all pertinent education-related information that— (A) may enable the teacher or school leader preparation program to evaluate the effectiveness of the program’s graduates or the program itself; and (B) is possessed, controlled, or accessible by the State. (2) Content of information The information described in paragraph (1)— (A) shall include an identification of specific individuals who graduated from the teacher or school leader preparation program to enable the teacher or school leader preparation program to evaluate the information provided to the program from the State with the program’s own data about the specific courses taken by, and field experiences of, the individual graduates; and (B) may include— (i) kindergarten through grade 12 academic achievement and demographic data, without revealing personally identifiable information about an individual student, for students who have been taught by graduates of the teacher preparation program; and (ii) teacher or school leader effectiveness evaluations for teachers or school leaders who graduated from the teacher or school leader preparation program. 209. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years. (b) Evaluation, research, and dissemination From the amount appropriated in a fiscal year under subsection (a), the Secretary may reserve up to 5 percent for evaluation, research, and dissemination activities carried out pursuant to section 204(d), such as investments in programs for the collection and analysis of outcomes-based data beyond those data required by section 205(b). . | https://www.govinfo.gov/content/pkg/BILLS-117s2778is/xml/BILLS-117s2778is.xml |
117-s-2779 | II 117th CONGRESS 1st Session S. 2779 IN THE SENATE OF THE UNITED STATES September 21, 2021 Ms. Hassan (for herself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide for the establishment of a Task Force on Maternal Mental Health, and for other purposes.
1. Short title This Act may be cited as the Taskforce Recommending Improvements for Unaddressed Mental Perinatal & Postpartum Health for New Moms Act of 2021 or the TRIUMPH for New Moms Act of 2021 . 2. Task Force on Maternal Mental Health Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317L–1 ( 42 U.S.C. 247b–13a ) the following: 317L–2. Task Force on Maternal Mental Health (a) Establishment Not later than 90 days after the date of enactment of the Taskforce Recommending Improvements for Unaddressed Mental Perinatal & Postpartum Health for New Moms Act of 2021 , the Secretary shall establish a task force, to be known as the Task Force on Maternal Mental Health (in this section referred to as the Task Force ), to identify, evaluate, and make recommendations to coordinate and improve Federal responses to maternal mental health conditions. (b) Membership (1) Composition The Task Force shall be composed of— (A) the Assistant Secretary for Health of the Department of Health and Human Services (or the Assistant Secretary’s designee) who shall serve as the Chair of the Task Force; (B) the Federal members under paragraph (2); and (C) the non-Federal members under paragraph (3). (2) Federal members In addition to the Assistant Secretary for Health, the Federal members of the Task Force shall consist of the heads of the following Federal departments and agencies (or their designees): (A) The Administration for Children and Families. (B) The Agency for Healthcare Research and Quality. (C) The Centers for Disease Control and Prevention. (D) The Centers for Medicare & Medicaid Services. (E) The Health Resources and Services Administration. (F) The Food and Drug Administration. (G) The Indian Health Service. (H) The Office of the Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services. (I) The Office of Minority Health of the Department of Health and Human Services. (J) The Office of the Surgeon General of the Department of Health and Human Services. (K) The Office of Women’s Health of the Department of Health and Human Services. (L) The National Institutes of Health. (M) The Substance Abuse and Mental Health Services Administration. (N) Such other Federal departments and agencies that serve individuals with maternal mental health conditions as the Secretary determines appropriate, such as the Department of Veterans Affairs, the Department of Justice, the Department of Labor, the Department of Housing and Urban Development, and the Department of Defense. (3) Non-Federal members The non-Federal members of the Task Force shall— (A) compose not more than one-half, and not less than one-third, of the total membership of the Task Force; (B) be appointed by the Secretary; and (C) include— (i) representatives of medical societies with expertise in maternal mental health or maternal health and mental health; (ii) representatives of nonprofit organizations with expertise in maternal mental health or maternal health and mental health; (iii) at least one individual who has received a diagnosis of a maternal mental health condition; and (iv) other representatives, as appropriate. (4) Deadline for designating designees If the Assistant Secretary for Health, or the head of a Federal department or agency serving as a member of the Task Force under paragraph (2), chooses to be represented on the Task Force by a designee, the Assistant Secretary or head shall designate such designee not later than 90 days after the date of the enactment of the Taskforce Recommending Improvements for Unaddressed Mental Perinatal & Postpartum Health for New Moms Act of 2021 . (c) Duties The Task Force shall— (1) create and regularly update a report that identifies, analyzes, and evaluates the state of national maternal mental health policy and programs at the Federal, State, and local levels, and identifies best practices including— (A) a set of evidence-based, evidence-informed, and promising practices with respect to— (i) prevention strategies for maternal mental health conditions, including strategies and recommendations to address social determinants of health; (ii) the identification, screening, diagnosis, and treatment of, and intervention with respect to, maternal mental health conditions, including with respect to affected families; (iii) the expeditious referral to, and implementation of, practices and supports that prevent and mitigate the effects of a maternal mental health condition, including strategies and recommendations to eliminate the racial and ethnic disparities that exist in maternal mental health; and (iv) community-based or multigenerational practices that provide support relating to maternal mental health conditions, including support for affected families; and (B) Federal and State programs and activities to prevent, screen, diagnose, intervene, and treat maternal mental health conditions; (2) develop and regularly update a national strategy for maternal mental health, taking into consideration the findings of the reports under paragraph (1), on how the Task Force and Federal departments and agencies represented on the Task Force will prioritize options for, and implement a coordinated approach to, addressing maternal mental health conditions, including by— (A) increasing prevention, screening, diagnosis, intervention, treatment, and access to care, including clinical and nonclinical care such as peer-support and community health workers, through the public and private sectors; (B) providing support relating to the prevention or treatment of mental health conditions, including, as appropriate, support for families; (C) reducing racial, ethnic, geographic, and other health disparities for prevention, diagnosis, intervention, treatment, and access to maternal mental health care; (D) identifying opportunities for local- and State-level partnerships; (E) identifying options for modifying, strengthening, and coordinating Federal programs and activities, including existing infant and maternity programs, such as the Medicaid program under title XIX of the Social Security Act and the State Children's Health Insurance Program under title XXI of such Act, in order to increase research, prevention, identification, intervention, and treatment with respect to maternal mental health; (F) providing recommendations to ensure research, services, supports, and prevention activities are not unnecessarily duplicative; and (G) planning, data sharing, and communication within and across Federal departments, agencies, offices, and programs; and (3) solicit public comments from stakeholders for the report under paragraph (1) and the national strategy under paragraph (2), including comments from frontline service providers, mental health professionals, researchers, experts in maternal mental health, institutions of higher education, public health agencies (including maternal and child health programs), and industry representatives, in order to inform the activities and reports of the Task Force. (d) Meetings The Task Force shall— (1) meet not less than 2 times each year; and (2) convene public meetings, as appropriate, to fulfill its duties under this section. (e) Reports to public and Federal leaders (1) In general The Task Force shall make publicly available and submit to the heads of relevant Federal departments and agencies, the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and other relevant congressional committees, the following: (A) Not later than 1 year after the first meeting of the Task Force, an initial report under subsection (c)(1). (B) Not later than 2 years after the first meeting of the Task Force, an initial national strategy under subsection (c)(2). (C) Each year thereafter— (i) an updated report under subsection (c)(1); (ii) an updated national strategy under subsection (c)(2); or (iii) if no such update is made, a report summarizing the activities of the Task Force. (2) Requirement The Task Force shall ensure that reports under this section include data on demographic characteristics, in a de-identified and disaggregated manner, including with respect to race, ethnicity, age, sex, geographic region, marital status, socioeconomic status, and other relevant factors. (f) Reports to Governors Upon finalizing the initial national strategy under subsection (c)(2), and upon making relevant updates to such strategy, the Task Force shall submit a report to the Governors of all States describing opportunities for local- and State-level partnerships identified under subsection (c)(2)(D). (g) Definition In this section, the term maternal mental health condition means a mental health disorder that onsets during the pregnancy or within one year of the postpartum or perinatal period, including all pregnancy outcomes. (h) Sunset The Task Force shall terminate on the date that is 6 years after the date on which the Task Force is established under subsection (a). . | https://www.govinfo.gov/content/pkg/BILLS-117s2779is/xml/BILLS-117s2779is.xml |
117-s-2780 | II 117th CONGRESS 1st Session S. 2780 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Marshall (for himself, Mr. Tuberville , Mr. Lankford , and Mr. Cruz ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to prohibit certain adverse personnel actions taken against members of the Armed Forces based on declining the COVID–19 vaccine.
1. Short title This Act may be cited as the COVID–19 Vaccine Dishonorable Discharge Prevention Act . 2. Prohibition on adverse personnel actions taken against members of the Armed Forces based on declining COVID–19 vaccine (a) Findings Congress finds the following: (1) The Secretary of Defense has announced a COVID–19 vaccine mandate will take effect for the Department of Defense. (2) Reports of adverse actions being taken, or threatened, by military leadership at all levels are antithetical to our fundamental American values. (3) Any discharge other than honorable denotes a dereliction of duty or a failure to serve the United States and its people to the best of the ability of an individual. (b) Prohibition Chapter 55 of title 10, United States Code, is amended by inserting after section 1107a the following new section: 1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement Notwithstanding any other provision of law, a member of the armed forces subject to discharge on the basis of the member choosing not to receive the COVID–19 vaccine may only receive an honorable discharge. . (c) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1107a the following new item: 1107b. Prohibition on certain adverse personnel actions related to COVID–19 vaccine requirement. . | https://www.govinfo.gov/content/pkg/BILLS-117s2780is/xml/BILLS-117s2780is.xml |
117-s-2781 | II 117th CONGRESS 1st Session S. 2781 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Cotton (for himself and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To repeal the exception to sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran relating to reconstruction assistance for Afghanistan.
1. Short title This Act may be cited as the No Harbor for Terror Act . 2. Repeal of exception to sanctions with respect to energy, shipping, and shipbuilding sectors of Iran relating to Afghanistan reconstruction Subsection (f) of section 1244 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8803 ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-117s2781is/xml/BILLS-117s2781is.xml |
117-s-2782 | II 117th CONGRESS 1st Session S. 2782 IN THE SENATE OF THE UNITED STATES September 21, 2021 Ms. Hassan (for herself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To address recommendations made to Congress by the Government Accountability Office and detailed in the annual duplication report, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Acting on the Annual Duplication Report Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Title I—Department of Defense Sec. 101. Enhancing Federal revenue through reviewing and reporting on use and management of administrative surcharges under foreign military sales program. Sec. 102. Modification of calculation of military housing contractor pay for privatized military housing. Title II—Department of Education Sec. 201. Maximizing effective use and recoupment of Federal student loans by closing the forbearance loophole and amending default rates. Title III—Department of Energy Sec. 301. Increasing Federal revenue by reviewing and reporting on optimal size of Strategic Petroleum Reserve. Title IV—Department of Housing and Urban Development Sec. 401. Optimizing revenue intake and saving taxpayer dollars at Ginnie Mae by assessing current practices and exploring alternative governance structures to provide better oversight. Title V—Department of the Treasury Sec. 501. Saving Federal funds by authorizing changes to the composition of circulating coins. Sec. 502. Reducing the resource drain by requiring that electronically prepared paper returns include scannable code. Sec. 503. Protecting the security of taxpayer information held by third-party providers by improving coordination and establishing minimum security requirements to reduce fragmentation. 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The annual reports prepared by the Comptroller General of the United States under section 21 of the Joint Resolution entitled Joint Resolution increasing the statutory limit on the public debt , approved February 12, 2010 ( 31 U.S.C. 712 note; Public Law 111–139 ), have produced approximately $429,000,000,000 in financial benefits for the Federal Government. (2) 2021 marks the 100-year anniversary of the creation of the Government Accountability Office and its contributions to improving the management and fiscal responsibility of the Federal Government. (3) The 2021 report entitled Additional Opportunities to Reduce Fragmentation, Overlap, and Duplication and Achieve Billions in Financial Benefits (GAO–21–455SP) identified 112 new actions that Congress or the executive branch can take to improve efficiency and effectiveness across the Federal Government, and potentially to save tens of billions of dollars. (4) Those financial benefits cannot be realized without full implementation of the actions and recommendations set forth by the Comptroller General of the United States. (5) Of the 112 new actions, one requires legislation to be fully implemented, and it concerns adjusting the rate calculation for paying military housing contractors. (b) Sense of Congress It is the sense of Congress that— (1) it is the responsibility of Congress and the executive branch to take action to implement recommendations made in the annual reports of the Government Accountability Office on reducing duplication in Federal programs to be good stewards of taxpayer dollars; (2) legislation and adequate resources are needed to ensure that all potential financial benefits are realized from the implementation of those recommendations; and (3) while some recommendations for congressional action from previous reports have been resolved, Congress must continue to pursue the recommendations that have gone unaddressed in addition to the new recommendation for action presented in the 2021 report. I Department of Defense 101. Enhancing Federal revenue through reviewing and reporting on use and management of administrative surcharges under foreign military sales program (a) Foreign military sales program defined In this section, the term foreign military sales program means the program authorized under chapter 2 of the Arms Export Control Act ( 22 U.S.C. 2761 et seq. ). (b) Review (1) In general The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall review options for expanding the use of administrative surcharges under the foreign military sales program, including practices for managing administrative surcharges and contract administration services surcharges. (2) Matters to be included The review conducted under paragraph (1) shall include the following: (A) A determination of which specific expenses are incurred by the United States Government in operation of the foreign military sales program that the administrative surcharge does not pay for as of the date of the enactment of this Act. (B) The estimated annual cost of each of such specific expenses. (C) An assessment of the costs and benefits of funding such specific expenses through the administrative surcharge, including any data to support such an assessment. (D) An assessment of how the Department of Defense calculates the lower bound, or safety level, for the administrative surcharge account and the contract administration services surcharge account, including what specific factors inform the calculation and whether such a method for calculating the safety level is still valid or should be revisited. (E) An assessment of the process used by the Department of Defense to review and set rates for the administrative surcharge and the contract administration services surcharge, including the extent to which outside parties are consulted and any proposals the Department of Defense may have for better ensuring that the rates are set appropriately. (F) Such other matters as the Secretary of Defense determines to be appropriate. (c) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on— (1) the findings of the review conducted under subsection (b); and (2) any legislative changes needed to allow the administrative surcharge under the foreign military sales program to pay for any expenses currently not covered by that surcharge. 102. Modification of calculation of military housing contractor pay for privatized military housing Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note) is amended— (1) in paragraph (1)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) ; and (2) in paragraph (2)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) . II Department of Education 201. Maximizing effective use and recoupment of Federal student loans by closing the forbearance loophole and amending default rates (a) Default management plan Section 435(a)(7)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(a)(7)(A) ) is amended— (1) by redesignating clause (ii) as clause (iii); and (2) by inserting after clause (i) the following: (ii) Prohibition The plan required under clause (i) shall not include placing students in forbearance as a means of reducing the cohort default rate of the institution. . (b) Forbearance rules Section 435(m)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m)(1) ) is amended by adding at the end the following: (D) With respect to a cohort default rate calculated for an institution under this paragraph for fiscal year 2021 and for each succeeding fiscal year, the cohort default rate shall be calculated such that in determining the number of current and former students at an institution who enter repayment for such fiscal year— (i) any student who is in nonmandatory forbearance for such fiscal year for a period of greater than 18 months but less than 36 months shall not be counted as entering repayment for that fiscal year; (ii) any student described in clause (i) shall be counted as entering repayment for the first fiscal year for which the student ceases to be in a period of forbearance and otherwise meets the requirements for being in repayment; and (iii) any student who is in a period of nonmandatory forbearance for 3 or more years shall be counted as in default and included in the institution’s total number of students in default. . III Department of Energy 301. Increasing Federal revenue by reviewing and reporting on optimal size of Strategic Petroleum Reserve (a) Review (1) In general The Secretary of Energy (referred to in this section as the Secretary ) shall conduct a review of options for a long-range target for the optimal size and configuration of the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ) (referred to in this section as the Reserve ). (2) Matters to be considered In conducting the review under paragraph (1), the Secretary shall consider— (A) the volume of petroleum and petroleum products to be held in the Reserve; (B) the infrastructure and modernization needs of the Reserve; (C) the projections for future oil production and consumption in the United States; (D) the efficacy of the existing Reserve to respond to domestic supply disruptions; (E) the obligations of the International Energy Agency; (F) the expected responses of the private sector to any supply disruptions due to a suboptimal size and configuration of the Reserve; and (G) the costs and benefits of a range of potential sizes and configurations of the Reserve. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing— (1) the findings of the review conducted under subsection (a); and (2) recommendations for legislation needed to optimize the size and configuration of the Reserve. IV Department of Housing and Urban Development 401. Optimizing revenue intake and saving taxpayer dollars at Ginnie Mae by assessing current practices and exploring alternative governance structures to provide better oversight (a) Definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Oversight and Reform of the House of Representatives; (2) the term Association means the Government National Mortgage Association; and (3) the term Secretary means the Secretary of Housing and Urban Development. (b) Guaranty fee study and report Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study and submit to the appropriate congressional committees and the Comptroller General of the United States a report on the adequacy of the guaranty fee of the Association for single-family mortgage-backed securities, which shall— (1) evaluate the extent to which the level of the guaranty fee for single-family mortgage-backed securities provides the Association with sufficient reserves to cover potential losses under different economic scenarios, including adverse scenarios, based on an actuarial or similar analysis; (2) identify the types of standards that the Association could use to set the guaranty fee for single-family mortgage-backed securities and evaluate which standard or standards would enable the Association to set the guaranty fee at an appropriate level in line with the mission of the Association; (3) assess the benefits and costs of adopting a risk-based guaranty fee for single-family mortgage-backed securities that imposes a higher fee on higher risk issuers; (4) analyze how and to what extent an increase in the guaranty fee (for all issuers and a subset of riskier issuers) would affect borrowers’ financing, closing, and other related costs for federally insured mortgage loans; and (5) if warranted, include recommendations for any necessary amendments to the National Housing Act ( 12 U.S.C. 1701 et seq. ) to change the guaranty fee for single-family mortgage-backed securities, including for establishing a standard under which the Association can determine the level of the guaranty fee for single-family mortgage-backed securities. (c) Reliance on contractors study and report Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study and submit to the appropriate congressional committees and the Comptroller General of the United States a report evaluating the workforce composition of the Association in consideration of the critical functions of the Association, which shall— (1) analyze— (A) the number of Federal employees and contractors by type of role or position that the Association uses to perform compliance, risk management, and other critical functions, and the cost of a full-time equivalent Federal employee versus a contractor for comparable roles or positions; (B) the extent to which the Association could use Federal employees instead of contractors by role or position to perform critical functions; (C) the types and amounts of costs that the Association could save by using Federal employees instead of contractors, where possible, to perform critical functions, such as savings from differences in pay and not having to oversee contractors; (D) whether the Association would face any legal or other obstacles in using Federal employees instead of contractors to perform critical functions; and (E) the potential negative and positive effects of using Federal employees instead of contractors on the ability of the Association to achieve the mission of the Association; and (2) if warranted, include recommendations for any necessary amendments to the National Housing Act ( 12 U.S.C. 1701 et seq. ) to change the funding structure of the Association. (d) Compensation structure study and report Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a study and submit to the appropriate congressional committees and the Comptroller General of the United States a report evaluating the workforce challenges of the Association, which shall— (1) analyze, quantitatively to the extent possible, the challenges of the Association in hiring and retaining staff, including compensation, during the 3-year period preceding the report; (2) identify and summarize the options that the Association has pursued within existing authorities to address the staffing challenges of the Association, including which agencies or offices were involved, and the key decisions and outcomes of those efforts; (3) identify options that the Association did not pursue within existing authorities to address the staffing challenges of the Association and the reasons for not pursuing those options; (4) identify and evaluate options outside of existing authorities that the Association could use to address the staffing challenges of the Association and the potential benefits and costs of those options; and (5) if warranted, include recommendations for any necessary amendments to the National Housing Act ( 12 U.S.C. 1701 et seq. ) to change how the Government National Mortgage Association sets compensation. (e) Review of reforms to Ginnie Mae’s organizational and oversight structure The Comptroller General of the United States shall conduct a study and submit to the appropriate congressional committees a report on alternate ways of overseeing the Association to address increasing risks, which shall— (1) review the reports submitted by the Secretary under subsections (b), (c), and (d) to determine if the reports addressed the required provisions and assess any recommendations made in those reports; (2) identify key challenges or constraints that the Association has faced under the governance and funding structure of the Association as a government corporation within the Department of Housing and Urban Development; (3) identify alternative models under which the governance and funding structure of the Association could be reorganized to better support housing policy priorities in the United States and to ensure that the Association fulfilling the role of increasing liquidity in the housing finance market while also minimizing risk to the taxpayer; (4) evaluate the potential positive and negative impacts of the models described in paragraph (3) on the Association, the Department of Housing and Urban Development, and other stakeholders; (5) obtain input from relevant stakeholders, such as Federal entities, lenders, issuers, investors, affordable housing advocates, and researchers, on reforms to the organizational and oversight structure of the Association; (6) consider the housing finance system and ways in which alternative oversight structures of the Association could impact the system; and (7) review such other information as the Comptroller General determines relevant. V Department of the Treasury 501. Saving Federal funds by authorizing changes to the composition of circulating coins (a) Section 5112 of title 31, United States Code, is amended by adding at the end the following: (bb) Composition of circulating coins (1) In general Notwithstanding any other provision of law, and subject to the other provisions of this subsection, the Director of the United States Mint (referred to in this subsection as the Director ), in consultation with the Secretary, may modify the metallic composition of circulating coins to a new metallic composition (including by prescribing reasonable manufacturing tolerances with respect to those coins) if a study and analysis conducted by the United States Mint, including solicitation of input, including input on acceptor tolerances and requirements, from industry stakeholders who could be affected by changes in the composition of circulating coins, indicates that the modification will— (A) reduce costs incurred by the taxpayers of the United States; (B) be seamless, which shall mean the same diameter and weight as United States coinage being minted on the date of enactment of this subsection and that the coins will work interchangeably in most coin acceptors using electromagnetic signature technology; and (C) have as minimal an adverse impact as possible on the public and stakeholders. (2) Notification to Congress On the date that is at least 90 legislative days before the date on which the Director begins making a modification described in paragraph (1), the Director shall submit to Congress notice that— (A) provides a justification for the modification, including the support for that modification in the study and analysis required under paragraph (1) with respect to the modification; (B) describes how the modification will reduce costs incurred by the taxpayers of the United States; (C) certifies that the modification will be seamless, as described in paragraph (1)(B); and (D) certifies that the modification will have as minimal an adverse impact as possible on the public and stakeholders. (3) Congressional authority The Director may begin making a modification proposed under this subsection not earlier than the date that is 90 legislative days after the date on which the Director submits to Congress the notice required under paragraph (2) with respect to that modification, unless Congress, during the period of 90 legislative days beginning on the date on which the Director submits that notice— (A) finds that the modification is not justified in light of the information contained in that notice; and (B) enacts a joint resolution of disapproval of the proposed modification. (4) Procedures For purpose of paragraph (3)— (A) a joint resolution of disapproval is a joint resolution the matter after the resolving clause of which is as follows: That Congress disapproves the modification submitted by the Director of the United States Mint. ; and (B) the procedural rules in the House of Representatives and the Senate for a joint resolution of disapproval described under paragraph (3) shall be the same as provided for a joint resolution of disapproval under chapter 8 of title 5, United States Code. . (b) Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. 502. Reducing the resource drain by requiring that electronically prepared paper returns include scannable code (a) In General Subsection (e) of section 6011 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Special rule for returns prepared electronically and submitted on paper The Secretary shall require that any return of tax which is prepared electronically, but is printed and filed on paper, bear a code which can, when scanned, convert such return to electronic format. . (b) Conforming amendment Paragraph (1) of section 6011(e) of such Code is amended by striking paragraph (3) and inserting paragraphs (3) and (8) . (c) Effective date The amendments made by this section shall apply to returns of tax the due date for which (determined without regard to extensions) is after December 31, 2021. 503. Protecting the security of taxpayer information held by third-party providers by improving coordination and establishing minimum security requirements to reduce fragmentation (a) Regulation of security requirements for tax return preparers and authorized E-File providers (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall prescribe standards for the security of return information and information technology systems that are consistent with security standards issued by the National Institute for Standards and Technology. (2) Penalty for failure to secure information (A) In general Section 6695 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Failure To comply with electronic return security standards Any person who is authorized by the Secretary to provide electronic filing services and who fails to secure return information and information technology standards in such manner as prescribed by the Secretary shall pay a penalty of $500 for each such failure. The maximum penalty imposed under this subsection on any person with respect to any calendar year shall not exceed $25,000. . (B) Inflation adjustment Section 6695(i) of such Code, as redesignated by subparagraph (A), is amended— (i) by redesignating paragraph (2) as paragraph (3); (ii) by inserting after paragraph (1) the following new paragraph: (2) Failure to comply with security standards In the case of any failure described in subsection (h) in a calendar year beginning after 2022, each of the dollar amounts under subsection (h) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. ; and (iii) in paragraph (3) (as redesignated by clause (i)), by striking paragraph (1) and inserting paragraph (1) or (2) . (C) Effective date The amendments made by this paragraph shall apply to failures described in section 6695(h) of the Internal Revenue Code of 1986 (as added by subparagraph (A)) after the date that is 60 days after the date the Secretary prescribes the standards required under paragraph (1). (b) Coordination of taxpayer information security Not later than 180 days after the date of enactment of this Act, the Commissioner of Internal Revenue shall develop an organizational plan to create a centralized body or other governance structure to coordinate all aspects of the Internal Revenue Service’s efforts to protect return information while being held or transmitted by those authorized by the Internal Revenue Service to provide electronic filing services. The Commissioner shall transmit the organizational plan to the Committee on Finance of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on Ways and Means of the House of Representatives , and the Committee on Oversight and Reform of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s2782is/xml/BILLS-117s2782is.xml |
117-s-2783 | II 117th CONGRESS 1st Session S. 2783 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Merkley introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide resettlement benefits for certain nationals of Afghanistan, and for other purposes.
1. Short title This Act may be cited as the Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021 or the WELCOMED Act of 2021 . 2. Resettlement benefits for Afghan entrants (a) Definition of Afghan entrant In this Act, the term Afghan entrant means a national of Afghanistan (or in the case of an alien having no nationality, a person who last habitually resided in Afghanistan) who is paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) during the period beginning on July 1, 2021, and ending on July 1, 2025. (b) Resettlement support authorized Notwithstanding any other provision of law, an Afghan entrant shall be eligible for resettlement assistance (including services for unaccompanied refugee minors) and any other Federal public benefit (as defined in section 401(c) of the Personal Responsibility and Work Reconciliation Act of 1996 ( 8 U.S.C. 1611(c) )) in the same manner as an alien admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s2783is/xml/BILLS-117s2783is.xml |
117-s-2784 | II 117th CONGRESS 1st Session S. 2784 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Wicker (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 46 to establish a grant program for developing, offering, or improving educational or career training programs for American workers related to the maritime workforce.
1. Short title This Act may be cited as the Maritime Technological Advancement Act of 2021 . 2. Centers of excellence for domestic maritime workforce Section 51706 of title 46, United States Code, is amended— (1) in subsection (a), by striking of Transportation ; (2) in subsection (b), in the subsection heading, by striking Assistance and inserting Cooperative agreements ; (3) by redesignating subsection (c) as subsection (d); (4) in subsection (d), as redesignated by paragraph (2), by adding at the end the following: (3) Secretary The term Secretary means the Secretary of Transportation. ; and (5) by inserting after subsection (b) the following: (c) Grant program (1) Definitions In this subsection: (A) Administrator The term Administrator means the Administrator of the Maritime Administration. (B) Eligible institution The term eligible institution means a postsecondary educational institution (as such term is defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) that offers a 2-year program of study, a 1-year program of training, or is a postsecondary vocational institution, and that offers educational or career training programs for American workers in the United States maritime industry. (C) United States maritime industry The term United States maritime industry means all segments of the maritime-related transportation system of the United States, both in domestic and foreign trade, and in coastal, offshore, and inland waters, as well as non-commercial maritime activities, such as pleasure boating and marine sciences (including all scientific research vessels), and all of the industries that support such uses, including vessel construction and repair, vessel operations, ship logistics supply, berthing, port operations, port intermodal operations, marine terminal operations, vessel design, marine brokerage, marine insurance, marine financing, chartering, maritime-oriented supply chain operations, offshore industry, and maritime-oriented research and development. (2) Grant authorization (A) In general Not later than 1 year after the date of enactment of the Maritime Technological Advancement Act of 2021 , the Administrator may award maritime career training grants to eligible institutions for the purpose of developing, offering, or improving educational or career training programs for American workers related to the maritime workforce. (B) Guidelines Not later than 1 year after the date of enactment of the Maritime Technological Advancement Act of 2021 , the Administrator shall— (i) promulgate guidelines for the submission of grant proposals under this subsection; and (ii) publish and maintain such guidelines on the website of the Maritime Administration. (3) Limitations The Administrator may not award a grant under this subsection in an amount that is more than $20,000,000. (4) Required information (A) In general An eligible institution that desires to receive a grant under this subsection shall submit to the Administrator a grant proposal that includes a detailed description of— (i) the specific project for which the grant proposal is submitted, including the manner in which the grant will be used to develop, offer, or improve an educational or career training program that is suited to maritime industry workers; (ii) the extent to which the project for which the grant proposal is submitted will meet the educational or career training needs of maritime workers in the community served by the eligible institution; (iii) the extent to which the project for which the grant proposal is submitted fits within any overall strategic plan developed by an eligible community; and (iv) any previous experience of the eligible institution in providing maritime educational or career training programs. (B) Community outreach required In order to be considered by the Administrator, a grant proposal submitted by an eligible institution under this subsection shall— (i) demonstrate that the eligible institution— (I) reached out to employers to identify— (aa) any shortcomings in existing maritime educational and career training opportunities available to workers in the community; and (bb) any future employment opportunities within the community and the educational and career training skills required for workers to meet the future maritime employment demand; and (II) reached out to other similarly situated institutions in an effort to benefit from any best practices that may be shared with respect to providing maritime educational or career training programs to workers eligible for training; and (ii) include a detailed description of— (I) the extent and outcome of the outreach conducted under clause (i); (II) the extent to which the project for which the grant proposal is submitted will contribute to meeting any shortcomings identified under clause (i)(I)(aa) or any maritime educational or career training needs identified under clause (i)(I)(bb); and (III) the extent to which employers, including small- and medium-sized firms within the community, have demonstrated a commitment to employing workers who would benefit from the project for which the grant proposal is submitted. (5) Criteria for award of grants (A) In general Subject to the appropriation of funds, the Administrator shall award a grant under this subsection based on— (i) a determination of the merits of the grant proposal submitted by the eligible institution to develop, offer, or improve maritime educational or career training programs to be made available to workers; (ii) an evaluation of the likely employment opportunities available to workers who complete a maritime educational or career training program that the eligible institution proposes to develop, offer, or improve; (iii) an evaluation of prior demand for training programs by workers in the community served by the eligible institution, as well as the availability and capacity of existing maritime training programs to meet future demand for training programs; (iv) any prior designation of an institution as a Center of Excellence for Domestic Maritime Workforce Training and Education; and (v) an evaluation of the previous experience of the eligible institution in providing maritime educational or career training programs. (B) Matching requirements A grant awarded under this subsection may not be used to satisfy any private matching requirement under any other provision of law. (6) Competitive awards (A) In general The Administrator shall award grants under this subsection to eligible institutions on a competitive basis in accordance with guidelines and requirements established by the Administrator under paragraph (2)(B). (B) Timing of grant notice The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this subsection not more than 90 days after the date of enactment of the appropriations Act for the fiscal year concerned. (C) Timing of grants The Administrator shall award grants under this subsection not later than 270 days after the date of the enactment of the appropriations Act for the fiscal year concerned. (D) Application of requirements The requirements under subparagraphs (B) and (C) shall not apply until the guidelines required under paragraph (2)(B) have been promulgated. (E) Reuse of unexpended grant funds Notwithstanding subparagraph (C), amounts awarded as a grant under this subsection that are not expended by the grantee shall remain available to the Administrator for use for grants under this subsection. (F) Administrative costs Not more than 3 percent of amounts made available to carry out this subsection may be used for the necessary costs of grant administration. (7) Eligible uses of grant funds An eligible institution receiving a grant under this subsection— (A) shall carry out activities that are identified as priorities for the purpose of developing, offering, or improving educational or career training programs for the United States maritime industry workforce; (B) shall provide training to upgrade the skills of the United States maritime industry workforce, including training to acquire covered requirements as well as technical skills training for jobs in the United States maritime industry; and (C) may use the grant funds to— (i) admit additional students to maritime training programs; (ii) expand existing or create new maritime training programs, including through partnerships with 4-year institutions of higher education or apprenticeships with the United States maritime industry; (iii) create new maritime career pathways; (iv) expand existing or create new training programs for transitioning military veterans to careers in the United States maritime industry; (v) purchase, construct, develop, expand, or improve training facilities, buildings, and equipment to deliver maritime training programs; (vi) recruit and train additional faculty to expand the maritime training programs offered by the institution; (vii) provide financial assistance through scholarships or tuition waivers, not to exceed the applicable tuition expenses associated with the covered programs; (viii) promote the use of distance learning that enables students to take courses through the use of teleconferencing, the Internet, and other media technology; (ix) assist in providing services to address maritime workforce recruitment and training of youth residing in targeted high-poverty areas within empowerment zones and enterprise communities; (x) implement partnerships with national and regional organizations with special expertise in developing, organizing, and administering maritime workforce recruitment and training services; (xi) design, develop, and test an array of approaches to providing recruitment, training, or retention services, to enhance diversity, equity, and inclusion in the United States maritime industry workforce; (xii) in conjunction with employers, organized labor, other groups (such as community coalitions), and Federal, State, or local agencies, design, develop, and test various training approaches in order to determine effective practices; or (xiii) assist in the development and replication of effective service delivery strategies for the United States maritime industry as a whole. (8) Public report Not later than December 15 in each of the calendar years 2023 through 2025, the Administrator shall make available on a publicly available website a report and provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) describing each grant awarded under this subsection during the preceding fiscal year; (B) assessing the impact of each award of a grant under this subsection in a fiscal year preceding the fiscal year referred to in subparagraph (A) on workers receiving training; and (C) the performance of the grant awarded with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(i) ). (9) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $40,000,000 for each of the fiscal years 2022 through 2026. . | https://www.govinfo.gov/content/pkg/BILLS-117s2784is/xml/BILLS-117s2784is.xml |
117-s-2785 | II 117th CONGRESS 1st Session S. 2785 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Lee (for himself, Mr. Lankford , Mr. Braun , and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the use of Federal funds for gender transition in minors.
1. Short title This Act may be cited as the Protecting Our Kids from Harmful Research Act . 2. Prohibition on use of Federal funds for gender transition in minors (a) In general Notwithstanding any other provision of law, no Federal funds may be used to fund research or publications relating to gender transition in individuals under the age of 18, including any observational studies that gather evidence on the provision of hormonal treatments or surgical procedures on minors, for the purpose of— (1) affirming a minor’s perception of his or her sex, if that perception is incongruent with such minor’s sex; or (2) affirming a minor’s asserted identity, if the asserted identity is incongruent with such minor’s sex. (b) Definition For purposes of this section, the term sex shall be recognized based solely on a person’s reproductive biology and genetics at birth. | https://www.govinfo.gov/content/pkg/BILLS-117s2785is/xml/BILLS-117s2785is.xml |
117-s-2786 | II 117th CONGRESS 1st Session S. 2786 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Blumenthal (for himself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to address the inappropriate or unlawful denial by the Department of Veterans Affairs of benefits and services for former members of the Armed Forces who were discharged or released from the active military, naval, or air service under conditions characterized as neither dishonorable nor honorable, and for other purposes.
1. Short title This Act may be cited as the Unlawful Turn-Aways Act of 2021 . 2. Addressing Department of Veterans Affairs turn-away problem (a) Improving training, guidance, and oversight of Department of Veterans Affairs staff (1) Training (A) For all employees The Secretary of Veterans Affairs shall require all employees of the Department of Veterans Affairs to participate in uniform, national training on character of discharge eligibility standards for benefits and services provided under laws administered by the Secretary. (B) For front-line staff The Secretary shall require all employees of the Department who the Secretary considers front-line staff, including employees of the Department that the Secretary considers Department facility enrollment and eligibility staff, to participate, as soon as practicable after the date of the enactment of this Act and periodically thereafter, in training described in subparagraph (A). (2) Requirement that any contact with Department of Veterans Affairs seeking health care from Department be recorded in electronic health management system The Secretary shall ensure that any contact made by an individual seeking health care from the Department is recorded in the electronic health management system of the Department. (3) Designation of positions (A) In general The Secretary shall designate a national-level position and establish senior positions within each regional office of the Department to focus on issues affecting individuals who served in the active military, naval, or air service and who were discharged or released therefrom under conditions characterized as neither honorable nor dishonorable. (B) Congressional updates The official designated to a national-level position under subparagraph (A) shall provide Congress with updates, on a regular basis, on progress made by the Department in providing benefits and services to individuals described in subparagraph (A). (b) Remedy past unlawful turn-Aways (1) Assessment, identification, recommendations, and report Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans affairs shall— (A) conduct an assessment of the practices of the Department involving denying benefits and services to individuals seeking such benefits and services from the Department based on a discharge or release from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable; (B) identify whether any denials described in subparagraph (A) were unlawful and the scope of such unlawful denials by the Department; (C) develop recommendations for legislative or administrative action to limit the occurrence of unlawful denials described in subparagraph (B); and (D) submit to Congress a report on the findings of the Inspector General under subparagraphs (A) through (C). (2) Notice (A) In general The Secretary shall— (i) notify all individuals who were discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable about their right to apply for health care and benefits from the Department; and (ii) encourage individuals described in clause (i) to apply for health care and benefits described in such clause, even if they have previously been denied or turned away from the Department. (B) Manner The Secretary shall carry out subparagraph (A) by sending individuals described in such subparagraph a letter to last known address on file with Social Security Administration. (3) Outreach (A) Program required The Secretary shall carry out a program of public outreach, including via the internet and through mailed notices, to covered individuals described in subparagraph (B) who may have been unlawfully denied a benefit or service from the Department based on the characterization of their discharge or release from service in the active military, naval, or air service. (B) Covered individuals For purposes of this paragraph, a covered individual is an individual who was discharged or released from service in the active military, naval, or air service under conditions that were characterized as neither honorable nor dishonorable. (C) Contents Outreach carried out pursuant to the program required by subparagraph (A) shall include distribution of information about what benefits and services covered individuals may be eligible for under laws administered by the Secretary of Veterans Affairs. (D) Manner Outreach under the program required by subparagraph (A) shall include the following methods of contact: (i) Traditional and social media. (ii) Websites and blogs of the Department. (iii) Informational brochures and fact sheets. (iv) Community events. (c) Simplifying eligibility standards and processes (1) Modification of definition of veteran Section 101(2) of title 38, United States Code, is amended by striking under conditions other than dishonorable and inserting , other than a person whose rights are barred by section 5303(a) of this title . (2) Veterans Justice Outreach Program services (A) In general The Secretary of Veterans Affairs shall ensure that services provided by the Veterans Justice Outreach Program are available to all individuals who served in the active military, naval, or air service, regardless of the nature of their discharge or release from such service. (B) Veterans Justice Outreach Program defined In this paragraph: (i) Justice-involved veteran The term justice-involved veteran means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system. (ii) Local criminal justice system The term local criminal justice system means law enforcement, jails, prisons, and Federal, State, and local courts. (iii) Veterans Justice Outreach Program The term Veterans Justice Outreach Program means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. (d) Definitions In this section, the terms active military, naval, or air service and veteran have the meanings given such terms in section 101 of title 38, United States Code. 3. Modification of requirements relating to eligibility for certain counseling services from Department of Veterans Affairs (a) Counseling for military sexual trauma Section 1720I(b) of title 38, United States Code, is amended— (1) in paragraph (4)— (A) by striking subparagraph (B); and (B) in subparagraph (A), by striking (A)(i) served and inserting (i) served ; and (2) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) in paragraph (1), by striking is a former member and inserting (A) is a former member ; (4) by redesignating paragraphs (2) through (4) as subparagraphs (B) through (D), respectively; and (5) by adding at the end the following new paragraph: (2) (A) is a former member of the Armed Forces, including the reserve components; (B) is not enrolled in the health care system established by section 1705 of this title; and (C) while serving in the Armed Forces, was the victim of a physical assault of a sexual nature, a battery of a sexual nature, or sexual harassment (as defined in section 1720D(f) of this title). . (b) Counseling in Vet Centers (1) In general Section 1712A(a)(1)(C) of such title is amended— (A) by striking individual who is a veteran or each place it appears; (B) in clause (ii), by striking causalities and inserting casualties ; (C) in clause (iii), by striking such veteran or member and inserting such member ; (D) in clause (vii)— (i) in subclause (I), by striking ; or and inserting a semicolon; and (ii) in subclause (II), by striking veteran or member of the Armed Forces and inserting veteran; or (III) member of the Armed Forces ; (E) by redesignating clauses (i) through (vii) as clauses (ii) through (viii), respectively; and (F) by inserting before clause (ii), as redesignated by subparagraph (E), the following new clause (i): (i) Any veteran. . (2) Conforming amendments (A) In general Section 1712A of such title is amended— (i) in subsection (a)(1)— (I) by striking clauses (i) through (vi) each place it appears and inserting clauses (i) through (vii) ; (II) by striking clause (vii) each place it appears and inserting clause (viii) ; and (III) in subparagraph (B)(ii)(II), by striking veteran or member described in subclause (II) and inserting veteran or a member described in subclause (III) ; and (ii) in subsection (g)(1), by striking described in subsection (a)(1)(C) . (B) Suicide prevention assistance Section 201(q)(4)(C) of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 ( Public Law 116–171 ; 38 U.S.C. 1720F note) is amended by striking clauses (i) through (iv) and inserting clauses (ii) through (v) . 4. Outreach to and study on treatment of members of the Armed Forces discharged under conditions other than honorable for no other reason than sexual orientation or gender identity (a) Outreach The Secretary of Veterans Affairs shall conduct outreach to former members of the Armed Forces who were discharged from the Armed Forces under other than honorable conditions for no other reason than the sexual orientation or gender identity of the member pursuant to the Don't Ask, Don't Tell policy of the Department of Defense. (b) Study The Secretary shall conduct a study to assess the scope and cost of providing health care under the laws administered by the Secretary to former members of the Armed Forces with other than honorable discharges who were discharged from the Armed Forces after serving on active duty in the Armed Forces for less than two years for no other reason than the sexual orientation or gender identity of the member, whether pursuant to the Don't Ask, Don't Tell policy of the Department or not. | https://www.govinfo.gov/content/pkg/BILLS-117s2786is/xml/BILLS-117s2786is.xml |
117-s-2787 | II 117th CONGRESS 1st Session S. 2787 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Cassidy (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to clarify the role of doctors of podiatric medicine in the Department of Veterans Affairs, and for other purposes.
1. Role of doctors of podiatric medicine in Department of Veterans Affairs (a) Clarification of role Section 7306 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (6), by striking a Director of Podiatric Service, ; (B) by redesignating paragraph (11) as paragraph (12); and (C) by inserting after paragraph (10) the following new paragraph: (11) A Podiatric Medical Director, who shall be a qualified doctor of podiatric medicine and who shall be responsible to the Under Secretary for Health for the operation of the Podiatric Service. ; (2) in subsection (b)(1), by inserting podiatric medicine, after doctors of medicine, ; and (3) in subsection (c), by striking and (8) and inserting (8), and (11) . (b) Clarification of pay grade Section 7404 of title 38, United States Code, is amended— (1) in subsection (a)(2), by inserting , podiatrists, after physicians ; and (2) in subsection (b), in the first heading of the list following the colon, by striking PODIATRIST and inserting PODIATRIST (DPM) . | https://www.govinfo.gov/content/pkg/BILLS-117s2787is/xml/BILLS-117s2787is.xml |
117-s-2788 | II Calendar No. 134 117th CONGRESS 1st Session S. 2788 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Rubio (for himself, Mr. Cornyn , Mr. Grassley , Mrs. Hyde-Smith , Mr. Cassidy , and Mr. Kennedy ) introduced the following bill; which was read the first time September 22, 2021 Read the second time and placed on the calendar A BILL To reauthorize the National Flood Insurance Program.
1. Short title This Act may be cited as the NFIP Extension Act of 2021 . 2. Reauthorization of national flood insurance program (a) Financing Section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) ) is amended by striking September 30, 2021 and inserting December 3, 2021 . (b) Program expiration Section 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 ) is amended by striking September 30, 2021 and inserting December 3, 2021 .
September 22, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2788pcs/xml/BILLS-117s2788pcs.xml |
117-s-2789 | II Calendar No. 135 117th CONGRESS 1st Session S. 2789 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Shelby (for himself and Mr. McConnell ) introduced the following bill; which was read the first time September 22, 2021 Read the second time and placed on the calendar A BILL Making continuing appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance, and for other purposes.
1. Short title This Act may be cited as the Extending Government Funding and Delivering Emergency Assistance Act . 2. Table of Contents Sec. 1. Short Title Sec. 2. Table of Contents. Sec. 3. References. Division A—Continuing Appropriations Act, 2022 Division B—Disaster Relief Supplemental Appropriations Act, 2022 Division C—Afghanistan Supplemental Appropriations Act, 2022 Division D—Other Matters Title I—Extensions, Technical Corrections, and Other Matters Title II—Budgetary Effects 3. References Except as expressly provided otherwise, any reference to this Act contained in any division of this Act shall be treated as referring only to the provisions of that division. A Continuing Appropriations Act, 2022 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2022, and for other purposes, namely: 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2021 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2021, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021 (division A of Public Law 116–260 ), except section 799D, and including title IV of division O of Public Law 116–260 . (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021 (division B of Public Law 116–260 ), except the proviso in section 541 and sections 542 and 543. (3) The Department of Defense Appropriations Act, 2021 (division C of Public Law 116–260 ). (4) The Energy and Water Development and Related Agencies Appropriations Act, 2021 (division D of Public Law 116–260 ), except the last proviso under the heading Department of Energy—Energy Programs—Science , the last two provisos under the heading Department of Energy—Energy Programs—Title 17 Innovative Technology Loan Guarantee Program , and the two provisos under the heading Department of Energy—Energy Programs—Advanced Technology Vehicles Manufacturing Loan Program . (5) The Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 ), except the matter under the heading Presidential Transition Administrative Support in title II, the matter under the heading General Services Administration—Expenses, Presidential Transition in title V, the proviso and the amount specified in such proviso under the heading District of Columbia—Federal Funds—Federal Payment for Emergency Planning and Security Costs in the District of Columbia in title IV, and title IX. (6) The Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 ), except section 538, and including sections 101 through 103 and section 105 of title I of division O of Public Law 116–260 . (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021 (division G of Public Law 116–260 ). (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021 (division H of Public Law 116–260 ), except sections 118 and 533. (9) The Legislative Branch Appropriations Act, 2021 (division I of Public Law 116–260 ), except sections 211 and 213, and including section 7 of Public Law 116–260 . (10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021 (division J of Public Law 116–260 ), except sections 514, 515, and 517. (11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ), except title IX other than sections 9001 and 9002 and the matter preceding the first proviso and the first proviso under the heading Consular and Border Security Programs . (12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021 (division L of Public Law 116–260 ), except sections 420 and 421. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2021 or prior years; (2) the increase in production rates above those sustained with fiscal year 2021 funds; or (3) The initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2021. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2021. 105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2022, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation for any project or activity provided for in this Act. (2) The enactment into law of the applicable appropriations Act for fiscal year 2022 without any provision for such project or activity. (3) December 3, 2021. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. 108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. 109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2022 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2021, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2021, to be continued through the date specified in section 106(3). (b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2021 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2021, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 ( 22 U.S.C. 2412 ), section 15 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2680 ), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( 22 U.S.C. 6212 ), and section 504(a)(1) of the National Security Act of 1947 ( 50 U.S.C. 3094(a)(1) ). 114. (a) Each amount incorporated by reference in this Act that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress as an emergency requirement pursuant to section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, or as being for disaster relief pursuant to sections 4004(b)(6) and 4005(f) of such concurrent resolution, respectively. (b) All references to sections 251(b)(2)(B), 251(b)(2)(B)(ii)(III), 251(b)(2)(C), 251(b)(2)(C)(ii), 251(b)(2)(E)(ii), 251(b)(2)(E)(i)(II), 251(b)(2)(F), and 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ) shall be treated for each amount incorporated by reference in this Act in the Senate as references to sections 4004(b)(1), 4004(b)(1)(B)(i), 4004(b)(3), 4004(b)(3)(B), 4004(b)(4), 4004(b)(4)(B), 4004(b)(5), 4004(b)(5)(B), respectively, of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and in the House of Representatives as references to sections 4005(a), 4005(a)(2)(A), 4005(c), 4005(c)(2), 4005(d), 4005(d)(2), 4005(e), 4005(e)(2)(A), respectively, of such concurrent resolution. (c) This section shall become effective immediately upon enactment of this Act, and shall remain in effect through the date in section 106(3). 115. (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)— (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act; or (2) which are no-year TAFS and receive other appropriations in this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of— (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or (2) the amount of balances available, as of October 1, 2021, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act. (c) No later than November 22, 2021, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101: Provided , That the information in such comprehensive list shall be periodically updated to reflect any subsequent changes in the amount of balances available, as of October 1, 2021, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101, and such updates shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate upon request. 116. Amounts made available by section 101 for Farm Service Agency—Agricultural Credit Insurance Fund Program Account may be apportioned up to the rate for operations necessary to accommodate approved applications for direct and guaranteed farm ownership loans, as authorized by 7 U.S.C. 1922 et seq. 117. Notwithstanding section 101, amounts are available to the Department of Agriculture for Rural Business—Cooperative Service—Rural Microentrepreneur Assistance Program for gross obligations for the principal amount of direct loans as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s ) not to exceed $25,000,000. 118. (a) In carrying out the Special Supplemental Nutrition Program for Women, Infants, and Children for the first quarter of fiscal year 2022, the Secretary of Agriculture shall increase the amount of a cash-value voucher to an amount recommended by the National Academies of Science, Engineering and Medicine and adjusted for inflation for women and children participants. (b) Amounts made available by section 101 to the Department of Agriculture for Domestic Food Programs-Food and Nutrition Service-Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) shall be apportioned at the rate for operations necessary to accommodate the increase described in subsection (a). 119. Notwithstanding sections 102 and 104, in addition to amounts otherwise provided by section 101, amounts are provided to the Department of Defense for Procurement—Other Procurement, Air Force at a rate for operations of $885,000,000, for the procurement of equipment for the Strategic Microelectronic Supply program, and such amounts may be apportioned up to the rate for operations necessary to carry out such procurements. 120. Amounts made available by section 101 to the Department of Defense for Procurement—Procurement, Defense-Wide may be apportioned up to the rate for operations necessary for the procurement of Military Global Positioning System User Equipment Increment 1 Application Specific Integrated Circuits. 121. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for Research, Development, Test and Evaluation—Research, Development, Test and Evaluation, Air Force may be apportioned up to the rate of operations necessary for the acquisition of real property by the United States Government. 122. During the period covered by this Act, the limitation at section 2208(l)(3) of title 10, United States Code, shall not apply with respect to advance billing for orders for relief efforts related to the COVID–19 pandemic. 123. (a) Funding provided in prior Acts making appropriations for energy and water development and related agencies for fiscal years 2019, 2020, and 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources for carrying out section 4007 of Public Law 114–322 shall be made available, in accordance with that section and as recommended by the Secretary in a letter dated July 23, 2021, for the construction, pre-construction, or study of the North-of-the-Delta Off Stream Storage (Sites Reservoir Project), the Los Vaqueros Reservoir Phase 2 Expansion Project, the B.F. Sisk Dam Raise and Reservoir Expansion Project, and the Del Puerto Canyon Reservoir. (b) Funding provided in the Energy and Water Development and Related Agencies Appropriations Act, 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources for carrying out section 4009(a) of Public Law 114–322 shall be made available, in accordance with that section and as recommended by the Secretary in a letter dated July 23, 2021, for the North Pleasant Valley Desalter Facility, the Mission Basin Groundwater Purification Facility Well Expansion and Brine Minimization Project, the Los Robles Desalter Project, and the Regional Brackish Water Reclamation Program. (c) Funding provided in the Energy and Water Development and Related Agencies Appropriations Act, 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources for carrying out section 4009(c) of Public Law 114–322 shall be made available, in accordance with that section and as recommended by the Secretary in a letter dated July 23, 2021, for the El Paso Aquifer Storage and Recovery Using Reclaimed Water Project, the Pure Water Soquel: Groundwater Replenishment and Seawater Intrusion Prevention Project, the North San Diego Water Reuse Coalition Project, the Pure Water Oceanside Project, the City of Santa Fe Reuse Pipeline Project, the Replenish Big Bear Project, the Central Coast Blue: Recycled Water Project, the Harvest Water Program, the East County Advanced Water Purification Program: Phase Two, the Ventura Water Pure Program, and the San Juan Watershed Project. 124. (a) During the period covered by this Act, title I of Public Law 108–361 (the Calfed Bay-Delta Authorization Act) (118 Stat. 1681), as amended by section 4007(k) of Public Law 114–322 , shall be applied by substituting 2022 for 2021 each place it appears. (b) During the period covered by this Act, section 9106(g)(2) of Public Law 111–11 (Omnibus Public Land Management Act of 2009) shall be applied by substituting 2022 for 2021 . (c) During the period covered by this Act, section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) shall be applied by substituting 2022 for 2021 . (d) During the period covered by this Act, section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 ) shall be applied by substituting 2022 for 2021 . 125. (a) Notwithstanding section 101, section 506 of division D of Public Law 116–260 shall be applied by substituting $841,000,000 for $291,000,000 . (b) Amounts provided by this Act for Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund may be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities funded in this appropriation. (c) The Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 3 days after each use of the authority provided in subsection (b). 126. Notwithstanding section 101, amounts are provided for Executive Office of the President and Funds Appropriated to the President—The White House—Salaries and Expenses at a rate for operations of $60,000,000. 127. Notwithstanding section 101, amounts are provided for General Services Administration—Allowances and Office Staff for Former Presidents at a rate for operations of $5,000,000. 128. Amounts made available by section 101 for Small Business Administration—Business Loans Program Account may be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for general business loans authorized under paragraphs (1) through (35) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), for guarantees of trust certificates authorized by section 5(g) of the Small Business Act ( 15 U.S.C. 634(g) ), for commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 ( 15 U.S.C. 697 ), and for commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b) ). 129. Notwithstanding section 101, amounts are provided for District of Columbia—Federal Funds—Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia at a rate for operations of $249,754,000: Provided , That the second proviso under such heading in title IV of division E of Public Law 116–260 shall be applied by substituting $70,574,000 for $66,743,000 . 130. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds made available under the heading District of Columbia—District of Columbia Funds for such programs and activities under the District of Columbia Appropriations Act, 2021 (title IV of division E of Public Law 116–260 ) at the rate set forth in the Fiscal Year 2022 Local Budget Act of 2021 (D.C. Act 24–173), as modified as of the date of enactment of this Act. 131. Section 330(e)(3) of title 11, United States Code, is amended by striking in that fiscal year at the end of the paragraph. 132. In addition to amounts otherwise provided by section 101, an amount is provided to the Department of Homeland Security for U.S. Citizenship and Immigration Services—Operations and Support for application processing, the reduction of backlogs within asylum, field, and service center offices, and support of the refugee program at a rate for operations of $250,000,000: Provided , That such amounts shall be in addition to any other funds made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ): Provided further , That prior to the obligation of such resources, U.S. Citizenship and Immigration Services shall provide to the Committees on Appropriations of the Senate and the House of Representatives an expenditure plan that identifies backlog reduction metrics and quarterly reports on the execution of such plan. 133. Amounts made available by section 101 to the Department of Homeland Security under the heading Federal Emergency Management Agency—Disaster Relief Fund may be apportioned up to the rate for operations necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). 134. (a) Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act for September 30, 2021 . (b) If this Act is enacted after September 30, 2021, this section shall be applied as if it were in effect on September 30, 2021. 135. Amounts made available by section 101 for Department of the Interior—National Park Service—National Recreation and Preservation for heritage partnership programs may be used to provide financial assistance to any national heritage area, national heritage corridor, cultural heritage corridor, national heritage partnership, national heritage route, national heritage canalway, and battlefields national historic district established as of September 1, 2021, notwithstanding any statutory sunset provision terminating the Secretary’s authority to provide assistance to any such area and notwithstanding any limitation on amounts authorized to be appropriated with respect to any such area: Provided , That the Commission sunset provision in section 804(j) of division B of H.R. 5666 (Appendix D), as amended, as enacted into law by section 1(a)(4) of Public Law 106– 554, shall be applied by substituting the date specified in section 106(3) of this Act for September 30, 2021 : Provided further , That the authority in section 295D of Public Law 109–338 , as amended, shall continue in effect through the date specified in section 106(3) of this Act. 136. Notwithstanding subsection (c)(2)(B) of section 200303 of title 54, United States Codes, during the period covered by this Act amounts made available from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of such section of such title shall be allocated by the Secretary of the Interior or the Secretary of Agriculture, as appropriate, only for the following agencies and accounts, for the purposes specified, and in the amounts specified multiplied by the percentage of fiscal year 2022 covered by this Act: (1) Department of the Interior—Bureau of Land Management—Land Acquisition , $7,500,000, for Acquisition Management; (2) Department of the Interior—United States Fish and Wildlife Service—Land Acquisition , $17,000,000, for Land Acquisition Management; (3) Department of the Interior—National Park Service—Land Acquisition and State Assistance , $14,500,000, for Acquisition Management; (4) Department of the Interior—Office of the Secretary—Departmental Operations , $19,000,000, for Management Services, Appraisal and Valuation Service Offices-Federal Lands; (5) Department of Agriculture—Forest Service—State and Private Forestry , $6,400,000, for Administrative Funds; and (6) Department of Agriculture—Forest Service—Land Acquisition , $12,000,000, for Acquisition Management. 137. (a) In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Indian Health Service—Indian Health Services at a rate for operations of $22,080,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2021 and 2022, and such amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities. (b) In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Indian Health Service—Indian Health Facilities at a rate for operations of $2,261,000, for an additional amount for costs of staffing and operating facilities that were opened, renovated, or expanded in fiscal years 2021 and 2022, and such amounts may be apportioned up to the rate for operations necessary to staff and operate such facilities. 138. In addition to amounts otherwise provided by section 101, for Department of Health and Human Services—Centers for Disease Control and Prevention—Environmental Health , there is appropriated $1,500,000, for an additional amount for fiscal year 2022, to remain available until September 30, 2022, for the Vessel Sanitation Program. 139. (a) Funds made available in Public Law 114–113 to the accounts of the National Institutes of Health that were available for obligation through fiscal year 2016 and were obligated for multi-year research grants shall be available through fiscal year 2022 for the liquidation of valid obligations incurred in fiscal year 2016 if the Director of the National Institutes of Health determines the project suffered an interruption of activities attributable to COVID–19. (b) (1) Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2021, this section shall be applied as if it were in effect on September 30, 2021. 140. In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Substance Abuse and Mental Health Services Administration—Mental Health at a rate for operations of $77,621,000 for an additional amount for carrying out section 520E–3 of the Public Health Service Act ( 42 U.S.C. 290bb–36c ), and such amounts may be apportioned up to the rate for operations necessary to operate and maintain the National Suicide Prevention Lifeline program. 141. In addition to amounts otherwise provided by this Act, for Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance , there is appropriated $2,500,000,000, for an additional amount for fiscal year 2022, to remain available until September 30, 2024, to carry out section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Provided , That not later than November 1, 2021, the Secretary of Health and Human Services shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report detailing steps taken and planned to be taken by the Department to phase out the use of emergency intake sites and a detailed plan for ending the use of emergency intake sites, including a timeline of major milestones and projections for delivered online bed capacity by facility type: Provided further , That such report shall include an aligned spend plan for estimated fiscal year 2022 obligations by major category: Provided further , That the Secretary shall submit monthly reports during fiscal year 2022 to the Committees on Appropriations on all obligations and expenditures incurred by the Department for carrying out such sections 462 and 235: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. 142. Amounts made available by section 101 for Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance may be apportioned up to the rate for operations necessary to carry out section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, and up to the rate for operations necessary for activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980. 143. Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter through fiscal year 2022, the Secretary of Health and Human Services shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate on (1) the total number of children that the Office of Refugee Resettlement has released to sponsors living in the United States, disaggregated by State, and (2) the number of children that the Office of Refugee Resettlement has released to sponsors living in the United States for whom the Office of Refugee Resettlement has successfully conducted safety and welfare checks, and provided post-release services as appropriate, for the most recent quarter such data are available. 144. Not later than 10 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate, and disclose on a publicly available website, on all transfers made for carrying out section 462 of the Homeland Security Act of 2002 or section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 during fiscal year 2021. This report shall include: (1) a list of the source of funds transferred by public law; (2) the program, project, or activity funds were transferred from and the corresponding amount that was transferred; (3) date of transfer; (4) the number of children referred to the Office of Refugee Resettlement (ORR) by month for fiscal year 2021; and (5) the age distribution of the children referred to ORR by month for fiscal year 2021: Provided , That the report shall be updated every 30 days throughout fiscal year 2022. 145. During the period covered by this Act, for services furnished under the Community Services Block Grant Act ( CSBG Act ) with funds made available by this Act, by the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), or by the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), States may apply the last sentence of section 673(2) of the CSBG Act by substituting 200 percent for 125 percent . 146. For purposes of annual leave accumulated in fiscal year 2021, the authority provided in section 2106 of division C of Public Law 116–159 shall apply to such leave by substituting 2021 for 2020 in subsections (a) and (d). 147. Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3), in the manner authorized for fiscal year 2021, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. 148. Section 114(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1011c(f) ) shall be applied by substituting the date specified in section 106(3) of this Act for September 30, 2021 . 149. Section 458(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(4) ) shall be applied through the date specified in section 106(3) of this Act by substituting 2022 for 2021 . 150. Notwithstanding section 101, section 116 of division J of Public Law 116–260 shall be applied during the period covered by this Act by substituting fifth fiscal year for fourth fiscal year . 151. During the period covered by this Act, the Secretary of Veterans Affairs may transfer up to $193,500,000 of the unobligated balances from amounts made available for fiscal year 2021 under the heading Veterans Health Administration—Medical Services in title II of division F of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ), or in section 8002 of title VIII of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) to the following accounts of the Department in the amounts specified: (1) Veterans Benefits Administration—General Operating Expenses, Veterans Benefits Administration , up to $178,000,000; (2) Departmental Administration—Board of Veterans Appeals , up to $5,800,000; and (3) Departmental Administration—Information Technology Systems , up to $9,700,000: Provided , That the transferred amounts shall be used, in addition to any other amounts available for such purposes, for personnel costs and other expenses to implement the interim final rule entitled Presumptive Service Connection for Respiratory Conditions Due to Exposure to Particulate Matter , published on August 5, 2021 (86 FR 42724), and any revisions to such rule. 152. Amounts made available by section 101 to United States Government-funded entities for Related Agency—United States Agency for Global Media—International Broadcasting Operations , Related Programs—The Asia Foundation , Related Programs—United States Institute of Peace , and Related Programs—National Endowment for Democracy may be apportioned up to the rate for operations necessary to support the evacuation of Afghan journalists and other Afghan employees of such entities, following consultation with the Committees on Appropriations. 153. Section 21009 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) shall continue in effect through the date specified in section 106(3) of this Act. 154. Amounts made available by section 101 to the United States International Development Finance Corporation for Corporate Capital Account and paid to the Program Account shall be available for the costs of modifying loans and loan guarantees transferred to the Corporation pursuant to section 1463 of the BUILD Act of 2018 (division F of Public Law 115–254 ): Provided , That such costs shall be as defined in section 502 of the Congressional Budget Act of 1974. 155. Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 ) shall be applied by substituting the date specified in section 106(3) of this Act for October 1, 2021 . 156. Notwithstanding section 101, amounts are provided for Department of Transportation—Office of the Secretary—Payments to Air Carriers at a rate for operations of $247,700,000, and such amounts may be apportioned up to the rate for operations necessary to maintain Essential Air Service program operations. 157. Amounts made available by section 101 to the Department of Housing and Urban Development in the third paragraph under the heading Public and Indian Housing—Native American Programs may be apportioned up to the rate for operations necessary to accommodate demand for guaranteed notes and other obligations as authorized by title VI of the Native American Housing Assistance and Self-Determination Act of 1996. 158. In addition to amounts otherwise provided by section 101, for Procurement—Procurement, Defense-Wide , there is appropriated $1,000,000,000, for an additional amount for fiscal year 2022, to remain available until September 30, 2024, which shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats: Provided , That such funds shall be provided to address emergent requirements in support of Operation Guardian of the Walls: Provided further , That such funds shall be transferred pursuant to an exchange of letters and are in addition to funds provided pursuant to the U.S.-Israel Iron Dome Procurement Agreement, as amended: Provided further , That nothing in the preceding provisos shall be construed to apply to amounts made available in prior appropriations Acts for the procurement of the Iron Dome defense system: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. This division may be cited as the Continuing Appropriations Act, 2022 . B Disaster Relief Supplemental Appropriations Act, 2022 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: I Department of Agriculture Agricultural Programs Processing, Research and Marketing Office of the Secretary For an additional amount for the Office of the Secretary , $10,000,000,000, which shall remain available until December 31, 2023, for necessary expenses related to losses of crops (including milk, on-farm stored commodities, crops prevented from planting in 2020 and 2021, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, excessive heat, winter storms, freeze, including a polar vortex, smoke exposure, quality losses of crops, and excessive moisture occurring in calendar years 2020 and 2021 under such terms and conditions as determined by the Secretary: Provided , That, with respect to smoke tainted wine grapes, the loss (including a quality loss) of such crop during the coverage period due to wildfire, as determined by the Secretary, is considered a qualified loss: Provided further , That losses due to drought shall only be eligible under this heading in this Act if any area within the county in which the loss occurs was rated by the U.S. Drought Monitor as having a D2 (Severe Drought) for eight consecutive weeks or a D3 (Extreme Drought) or higher level of drought intensity during the applicable calendar years: Provided further , That of the amounts provided under this heading in this Act, the Secretary shall use $750,000,000 to provide assistance to producers of livestock, as determined by the Secretary of Agriculture, for losses incurred during calendar year 2021 due to drought or wildfires: Provided further , That at the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ) or a cooperative processor of dairy, the Secretary shall make payments for losses in 2021 to such processors (to be paid to producer members, as determined by such processors) in lieu of payments to producers and under the same terms and conditions as payments made to processors pursuant to title I of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 ( Public Law 116–20 ) under the heading Department of Agriculture—Agricultural Programs—Processing, Research and Marketing—Office of the Secretary , as last amended by section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 ( Public Law 116–94 ): Provided further , That notwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in the preceding proviso does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under this heading in this Act: Provided further , That of the amounts provided under this heading in this Act, not more than one percent of the funds provided herein may be used for administrative costs, including for streamlining the application process and easing the burden on county office employees, to carry out the matter under this heading in this Act: Provided further , That, except as otherwise provided under this heading in this Act, the Secretary shall impose payment limitations consistent with section 760.1507 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act): Provided further , That, in the case of specialty crops or high value crops, as determined by the Secretary, the Secretary shall impose payment limitations consistent with section 760.1507(a)(2) of title 7, Code of Federal Regulations (as in effect on January 1, 2019): Provided further , That, with respect to the payment limitations described under this heading in this Act, the Secretary shall apply separate payment limits for each of 2020 and 2021: Provided further , That the total amount of payments received under this heading in this Act and applicable policies of crop insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) or the Noninsured Crop Disaster Assistance Program (NAP) under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) (minus any premiums or fees paid for such coverages) shall not exceed 90 percent of the loss as determined by the Secretary: Provided further , That the total amount of payments received under this heading in this Act for producers who did not obtain a policy or plan of insurance for an insurable commodity for the applicable crop year under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) for the crop incurring the losses or did not file the required paperwork and pay the service fee by the applicable State filing deadline for a noninsurable commodity for the applicable crop year under NAP for the crop incurring the losses shall not exceed 70 percent of the loss as determined by the Secretary: Provided further , That producers receiving payments under this heading in this Act, as determined by the Secretary, shall be required to purchase crop insurance where crop insurance is available for the next two available crop years and producers receiving payments under this heading in this Act shall be required to purchase coverage under NAP where crop insurance is not available in the next two available crop years, as determined by the Secretary: Provided further , That not later than 120 days after the end of fiscal year 2021, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory. Farm Production and Conservation Programs Natural Resources Conservation Service Watershed and Flood Prevention Operations For an additional amount for Watershed and Flood Prevention Operations for necessary expenses for the Emergency Watershed Protection Program, $275,000,000, to remain available until expended, which shall be in addition to amounts otherwise available for such purposes. II Department of Commerce National Institute of Standards and Technology Scientific and Technical Research and Services For an additional amount for Scientific and Technical Research and Services for necessary expenses to carry out investigations of building failures pursuant to the National Construction Safety Team Act of 2002 ( 15 U.S.C. 7301 ), $22,000,000, to remain available until September 30, 2023. National Oceanic and Atmospheric Administration Operations, Research, and Facilities For an additional amount for Operations, Research, and Facilities for necessary expenses related to the consequences of hurricanes and of wildfires in calendar years 2020 and 2021, $92,834,000, to remain available until September 30, 2023, as follows: (1) $4,709,000 for repair and replacement of observing assets, real property, and equipment; (2) $3,425,000 for marine debris assessment and removal; (3) $4,700,000 for mapping, charting, and geodesy services; (4) $35,000,000 to improve: (A) hurricane intensity and track forecasting, including through deployment of unmanned ocean observing platforms and enhanced data assimilation; and (B) precipitation and flood prediction, forecasting, and mitigation capabilities; (5) $20,000,000 to improve wildfire research, prediction, detection, forecasting, monitoring, data management, and communication and engagement; and (6) $25,000,000 for Title IX Fund grants as authorized under section 906(c) of division O of Public Law 114–113 : Provided , That the National Oceanic and Atmospheric Administration shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act. Procurement, Acquisition and Construction For an additional amount for Procurement, Acquisition and Construction for necessary expenses related to the consequences of hurricanes and of wildfires in calendar years 2020 and 2021, $52,205,000, to remain available until September 30, 2024, as follows: (1) $2,205,000 for repair and replacement of observing assets, real property, and equipment; and (2) $50,000,000 for improvements to operational and research weather and climate supercomputing and dissemination infrastructure, observing assets, and satellites, along with associated ground systems, used for hurricane intensity and track prediction; precipitation and flood prediction, forecasting, and mitigation; and wildfire research, prediction, detection, forecasting, and monitoring: Provided , That the National Oceanic and Atmospheric Administration shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act. Fisheries Disaster Assistance For an additional amount for Fisheries Disaster Assistance for necessary expenses associated with the mitigation of fishery disasters, $200,000,000, to remain available until expended: Provided , That such funds shall be used for mitigating the effects of commercial fishery failures and fishery resource disasters declared by the Secretary of Commerce, including those declared by the Secretary to be a direct result of hurricanes in calendar years 2020 and 2021. Science National Aeronautics and Space Administration Construction and Environmental Compliance and Restoration (Including Transfer of Funds) For an additional amount for Construction and Environmental Compliance and Restoration for repair at National Aeronautics and Space Administration facilities damaged by Hurricanes Zeta and Ida, $321,400,000, to remain available until expended: Provided , That up to 15 percent of such amount may be transferred to Exploration for necessary expenses related to flight hardware, tooling, production and schedule delays caused by Hurricane Ida: Provided further , That except as provided in the preceding proviso, the amounts appropriated under this heading in this Act shall not be available for transfer under any transfer authority provided for the National Aeronautics and Space Administration in an appropriation Act for fiscal year 2022. National Science Foundation Major Research Equipment and Facilities Construction For an additional amount for Major Research Equipment and Facilities Construction for necessary expenses related to the National Science Foundation Regional Class Research Vessel construction impacted by Hurricane Ida, $25,000,000, to remain available until expended. Related Agencies Legal Services Corporation Payment to the Legal Services Corporation For an additional amount for Payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses related to the consequences of hurricanes, wildfires, other extreme weather, and earthquakes that occurred during calendar years 2020 and 2021, $40,000,000, to remain available until September 30, 2022: Provided , That none of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 , and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2021 and 2022, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119 ) shall not apply to the amount made available under this heading: Provided further , That, for the purposes of this Act, the Legal Services Corporation shall be considered an agency of the United States. III Department of Defense Department of Defense—Military Operation and Maintenance Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $565,000,000, to remain available until September 30, 2022, for necessary expenses related to the consequences of severe storms, straight-line winds, flooding, tornadoes, earthquakes, wildfires, and hurricanes occurring in calendar years 2020 and 2021. Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force , $330,000,000, to remain available until September 30, 2022, for necessary expenses related to the consequences of Winter Storm Uri occurring in calendar year 2021. General Provision—This Title 1301. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. IV Corps of Engineers—Civil Department of the Army Investigations For an additional amount for Investigations for necessary expenses related to the completion, or initiation and completion, of flood and storm damage reduction, including shore protection, studies that are currently authorized or that are authorized after the date of enactment of this Act, to reduce risk from future floods and hurricanes, at full Federal expense, $100,000,000, to remain available until expended: Provided , That funds made available under this heading in this Act shall be for high-priority studies of projects in States with a major disaster declared due to Hurricane Ida pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) in fiscal year 2021: Provided further , That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, including new studies selected to be initiated using funds provided under this heading in this Act, beginning not later than 60 days after the date of enactment of this Act. Construction For an additional amount for Construction for necessary expenses, $3,000,000,000, to remain available until expended, to construct flood and storm damage reduction, including shore protection, projects that are currently authorized or that are authorized after the date of enactment of this Act, and flood and storm damage reduction, including shore protection, projects that have signed Chief’s Reports as of the date of enactment of this Act or that are studied using funds provided under the heading Investigations if the Secretary determines such projects to be technically feasible, economically justified, and environmentally acceptable: Provided , That of such amount, $1,500,000,000 shall be available for such projects in States with a major disaster declared due to Hurricane Ida pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) in fiscal year 2021: Provided further , That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to the construction of projects, including initial construction or periodic nourishment, completed using funding under this heading in this Act: Provided further , That the completion of ongoing construction projects receiving funding provided under this heading in this Act shall be at full Federal expense with respect to such funds: Provided further , That for any projects using funding provided under this heading in this Act, the non-Federal cash contribution for projects other than ongoing construction projects shall be financed in accordance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further , That up to $65,000,000 of the amounts made available under this heading in this Act shall be used for continuing authorities projects to reduce the risk of flooding and storm damage: Provided further , That any projects using funding appropriated under this heading in this Act shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring, where applicable, the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further , That of the amounts made available under this heading in this Act, such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities Program shall be derived from the general fund of the Treasury: Provided further , That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this Act. Mississippi River and Tributaries For an additional amount for Mississippi River and Tributaries for necessary expenses to address emergency situations at Corps of Engineers projects, and to construct, and rehabilitate and repair damages to Corps of Engineers projects, caused by natural disasters, $868,000,000, to remain available until expended: Provided , That of the amounts made available under this heading in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided further , That of the amounts made available under this heading in this Act, $500,000,000 shall be available to construct flood and storm damage reduction projects that are currently authorized or that are authorized after the date of enactment of this Act in States with a major disaster declared due to Hurricane Ida pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) in fiscal year 2021: Provided further , That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to the construction of projects, including initial construction or periodic nourishment, completed using funding under this heading in this Act: Provided further , That to the extent that ongoing construction projects are constructed using funding provided under this heading in this Act, such construction shall be at full Federal expense: Provided further , That for any projects using funding provided under this heading in this Act, the non-Federal cash contribution for projects other than ongoing construction projects shall be financed in accordance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further , That any projects using funding appropriated under this heading in this Act shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring, where applicable, the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further , That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this Act. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses to dredge Federal navigation projects in response to, and repair damages to Corps of Engineers Federal projects caused by, natural disasters, $887,000,000, to remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided , That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this Act. Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies , as authorized by section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ), for necessary expenses to prepare for flood, hurricane and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters, as authorized by law, $826,000,000, to remain available until expended: Provided , That funding utilized for authorized shore protection projects shall restore such projects to the full project profile at full Federal expense: Provided further , That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this Act. Expenses For an additional amount for Expenses for necessary expenses to administer and oversee the obligation and expenditure of amounts provided in this Act for the Corps of Engineers, $30,000,000, to remain available until expended: Provided , That the Assistant Secretary of the Army for Civil Works shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this Act. Department of the Interior Central Utah Project Central Utah Project Completion Account For an additional amount for Central Utah Project Completion Account , $10,000,000 to be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission, to remain available until expended, for expenses necessary in carrying out fire remediation activities for wildfires. Bureau of Reclamation Water and Related Resources For an additional amount for Water and Related Resources , $210,000,000, to remain available until expended: Provided , That of such amount, $200,000,000 shall be available for activities to address drought, as determined by the Secretary of the Interior: Provided further , That of the amount made available under this heading in this Act, $10,000,000 shall be for fire remediation and suppression emergency assistance related to wildfires: Provided further , That the Commissioner shall provide a monthly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this Act. Department of Energy Energy Programs Strategic Petroleum Reserve For an additional amount for Strategic Petroleum Reserve , $43,300,000, to remain available until expended, for necessary expenses related to damages caused by natural disasters. V Independent Agencies Small Business Administration Disaster Loans Program Account (Including Transfer of Funds) For an additional amount for Disaster Loans Program Account for the cost of direct loans authorized by section 7(b) of the Small Business Act, $1,189,100,000, to remain available until expended: Provided , That up to $620,000,000 may be transferred to and merged with Salaries and Expenses for administrative expenses to carry out the disaster loan program authorized by section 7(b) of the Small Business Act. VI Department of Homeland Security Protection, Preparedness, Response, and Recovery Federal Emergency Management Agency Federal Assistance For an additional amount for Federal Assistance , $50,000,000, to remain available until September 30, 2022, for emergency management performance grants under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 ), the Earthquake Hazards Reduction Act of 1977 ( 42 U.S.C. 7701 ), section 762 of title 6, United States Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). General Provision—This Title 1601. (a) Repayments of the remaining balances of all loans, as of September 30, 2021, by the Federal Emergency Management Agency under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) are hereby cancelled. (b) Of the unobligated balances available to the Department of Homeland Security for Federal Emergency Management Agency—Disaster Relief Fund , such sums as are necessary may be transferred to the Disaster Assistance Direct Loan Program Account for carrying out subsection (a). (c) Each amount repurposed or transferred by this section that was previously designated by the Congress as an emergency requirement or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget is designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b), or as being for disaster relief pursuant to section 4004(b)(6) and section 4005(f), respectively, of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. VII Department of the Interior Bureau of Land Management Management of Lands and Resources For an additional amount for Management of Lands and Resources , $1,192,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. United States Fish and Wildlife Service Construction For an additional amount for Construction , $58,227,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. National Park Service Construction For an additional amount for Construction , $229,472,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. United States Geological Survey Surveys, Investigations, and Research For an additional amount for Surveys, Investigations, and Research , $26,284,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. Bureau of Safety and Environmental Enforcement Offshore Safety and Environmental Enforcement For an additional amount for Offshore Safety and Environmental Enforcement , $223,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020 and 2021 wildfires, hurricanes and natural disasters. Bureau of Indian Affairs Construction For an additional amount for Construction , $452,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. Department-Wide Programs Wildland Fire Management (Including Transfer of Funds) For an additional amount for Wildland Fire Management , $100,000,000, to remain available until expended, for necessary expenses related to wildfires: Provided , That of the amounts provided under this heading in this Act, $55,000,000 shall be for hazardous fuels management activities: Provided further , That of the amounts provided under this heading in this Act, $45,000,000, shall be for burned area recovery. Related Agencies Department of Agriculture Forest Service Forest Service Operations For an additional amount for Forest Service Operations , $105,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. Forest and Rangeland Research For an additional amount for Forest and Rangeland Research , $25,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters for the forest inventory and analysis program. State and Private Forestry For an additional amount for State and Private Forestry , $50,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. National Forest System For an additional amount for National Forest System , $710,000,000, to remain available until expended: Provided , That of the amounts provided under this heading in this Act, $535,000,000 shall be for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters, including no less than $175,000,000 for high priority post-wildfire restoration for watershed protection, critical habitat, and burned area recovery: Provided further , That of the amounts provided under this heading in this Act, $175,000,000 shall be for hazardous fuels mitigation. Capital Improvement and Maintenance For an additional amount for Capital Improvement and Maintenance , $470,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes and other natural disasters. General Provision—This Title 1701. (a) (1) If services performed by the designated employees under paragraph (2) of this subsection at the Department of the Interior or the Department of Agriculture during 2021 are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to be primarily related to emergency wildland fire suppression activities, any premium pay for such services shall be disregarded in calculating the aggregate of such employee’s basic pay and premium pay for purposes of a limitation under section 5547(a) of title 5, United States Code, or under any other provision of law, whether such employee’s pay is paid on a biweekly or calendar year basis. Any services during 2021 that generate payments payable in 2022 shall be disregarded in applying this subsection. (2) The premium pay waiver under paragraph (1) of this subsection shall apply to individuals serving as wildland firefighters and as fire management response officials, including regional fire directors, deputy regional fire directors, agency officials who directly oversee fire operations, and fire management officers, and individuals serving on incident management teams (IMTs), at the National Interagency Fire Center (NIFC), at Geographic Area Coordinating Centers (GACCs), and at Operations centers. (3) The Departments of the Interior and Agriculture shall provide a report to Congress detailing the number of positions, including by occupation, grade, and the aggregate pay by type of pay for each individual who receives pay authorized under subsection (a)(1). (b) Any overtime pay for services described in subsection (a) that is payable under an authority outside of title 5, United States Code, shall be disregarded in calculating any annual limit on the amount of overtime pay payable in 2021. (c) Any pay that is disregarded under either subsection (a) or (b) shall be disregarded in calculating such employee’s aggregate pay for purposes of applying the limitation in section 5307 of title 5, United States Code, during 2021. (d) (1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee’s basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. (2) For purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, premium pay means the premium pay paid under the provisions of law cited in section 5547(a). (3) For purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments are considered premium pay. (4) For the purpose of applying this subsection, basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code, any applicable special rate supplement under section 5305 of such title, or any equivalent payment under a similar provision of law. (e) This section shall take effect as if enacted on January 1, 2021. (f) If application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not— (1) be considered to be basic pay of the covered employee for any purpose; or (2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code, or other similar provision of law. (g) Not later than 45 days after the date of enactment of this Act, the Secretary of the Interior and Secretary of Agriculture shall jointly provide to the Committees on Appropriations of the House of Representatives and the Senate, the Senate Committee on Agriculture Nutrition and Forestry, the House of Representatives Committee on Agriculture, the Senate Committee on Energy and Natural Resources, the House of Representatives Committee on Natural Resources, Senate Committee on Homeland Security and Governmental Affairs, and the House of Representatives Committee on Oversight and Reform, a framework to modernize the wildland firefighting workforce beginning in fiscal year 2022. VIII Department of Transportation Federal Aviation Administration Facilities and Equipment For an additional amount for Facilities and Equipment , $100,000,000, to remain available until September 30, 2024, for necessary expenses related to the consequences of Hurricane Ida. Federal Highway Administration Emergency Relief Program For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $2,600,000,000, to remain available until expended. Department of Housing and Urban Development Community Planning and Development Community Development Fund (Including Transfers of Funds) For an additional amount for Community Development Fund , $5,000,000,000, to remain available until expended, for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation, in the most impacted and distressed areas resulting from a major disaster that occurred in 2020 or 2021 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided , That amounts made available under this heading in this Act shall be awarded directly to the State, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )) at the discretion of the Secretary: Provided further , That the Secretary shall allocate, using the best available data, an amount equal to the total estimate for unmet needs for qualifying disasters under this heading in this Act: Provided further , That any final allocation for the total estimate for unmet need made available under the preceding proviso shall include an additional amount of 15 percent of such estimate for additional mitigation: Provided further , That of the amounts made available under this heading in this Act, no less than $1,610,000,000 shall be allocated for major declared disasters that occurred in 2020 within 30 days of the date of enactment of this Act: Provided further , That the Secretary shall not prohibit the use of amounts made available under this heading in this Act for non-Federal share as authorized by section 105(a)(9) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a)(9) ): Provided further , That of the amounts made available under this heading in this Act, grantees may establish grant programs to assist small businesses for working capital purposes to aid in recovery: Provided further , That as a condition of drawing funds for any activity other than general administration, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with amounts made available under this heading in this Act, and to detect and prevent waste, fraud, and abuse of funds: Provided further , That with respect to any such duplication of benefits, the Secretary shall act in accordance with section 1210 of Public Law 115–254 (132 Stat. 3442) and section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ): Provided further , That the Secretary shall require grantees to maintain on a public website information containing common reporting criteria established by the Department that permits individuals and entities awaiting assistance and the general public to see how all grant funds are used, including copies of all relevant procurement documents, including grantee administrative contracts and details of ongoing procurement processes, as determined by the Secretary: Provided further , That prior to the obligation of funds a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas: Provided further , That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further , That funds allocated under this heading in this Act shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further , That a State, unit of general local government, or Indian tribe may use up to 5 percent of its allocation for administrative costs related to a major disaster under this heading in this Act and for the same purposes in prior and future Acts and such amounts shall be available for any eligible administrative costs without regard to a particular disaster: Provided further , That in administering the amounts made available under this heading in this Act, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974: Provided further , That, notwithstanding the preceding proviso, recipients of funds provided under this heading in this Act that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further , That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(2) ), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading in this Act if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further , That the Secretary shall publish via notice in the Federal Register or on the website of the Department any waiver, or alternative requirement, to any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver or alternative requirement: Provided further , That the Secretary is authorized to approve the use of amounts made available under this heading in this Act or a prior or future Act for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) related to unmet recovery needs in the most impacted and distressed areas resulting from a major disaster in this Act or in a prior or future Act to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from other major disasters assisted under this Act or a prior or future Act when such areas overlap and when the use of the funds will address unmet recovery needs of both disasters: Provided further , That, until the Secretary publishes a Federal Register Notice establishing the requirements for the previous proviso, grantees that received grants under the same heading for 2017, 2018 or 2019 disasters may submit for approval revised plans for the use of funds related to those major disasters to expand the eligible beneficiaries of existing programs contained in such previously approved plans to include those impacted by disasters in 2020 or 2021: Provided further , That of the amounts made available under this heading in this Act, up to $7,000,000 shall be made available for capacity building and technical assistance, including assistance on contracting and procurement, to support States, units of general local government, or Indian tribes, and subrecipients that receive allocations for disaster recovery pursuant to the authority under this heading in this Act and allocations for disaster recovery in any prior or future Acts: Provided further , That of the amounts made available under this heading in this Act, up to $5,500,000 shall be transferred to Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts made available under the heading Community Development Fund in this Act or any prior or future Act that makes amounts available for purposes related to major disasters under such heading. IX General Provisions—This Act 1901. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1902. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1903. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. 1904. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. This division may be cited as the Disaster Relief Supplemental Appropriations Act, 2022 . C Afghanistan Supplemental Appropriations Act, 2022 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: I Department of Justice Federal Bureau of Investigation Salaries and Expenses For an additional amount for Salaries and Expenses , $50,000,000, to remain available until September 30, 2022, for investigative activities associated with Afghan resettlement operations. II Department of Defense Operation and Maintenance Overseas Humanitarian, Disaster, and Civic Aid For an additional amount for Overseas Humanitarian, Disaster, and Civic Aid , $2,200,000,000, to remain available until September 30, 2023, for support of Operation Allies Welcome by the Department of Defense. General Provisions—This Title 2201. Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall provide a written report to the congressional defense committees describing the execution of funds provided in this title, including the amounts obligated and expended, in total and since the previous report; the nature of the costs incurred or services provided by such funds; and any reimbursements or funds transferred by another Federal agency to the Department of Defense which relates to the purpose of the funds provided by this title. 2202. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. 2203. The Inspector General of the Department of Defense shall carry out reviews of the activities of the Department of Defense to transport and care for Afghans, including but not limited to, the humane treatment and living conditions of Afghans at any Department of Defense facility; the use of funds by the Department of Defense to support such persons, including the monitoring of potential waste, fraud, or abuse of such funds; and any related issues that the Inspector General may direct: Provided , That the Inspector General shall provide to the congressional defense committees periodic updates on such oversight efforts and a written report to such committees not later than 60 days after the date of enactment of this Act. 2204. Title IX of division C of Public Law 116–260 is amended under the heading Afghanistan Security Forces Fund by inserting the following before the penultimate proviso: Provided further , That the Secretary of Defense may obligate and expend funds made available under this heading for costs associated with the termination of contracts previously funded with amounts provided under this heading in prior Acts, and to pay valid invoices in satisfaction of liabilities under such contracts for which the applicable prior appropriation cannot be identified: . 2205. Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Service Secretaries and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the disposition of United States property, equipment, and supplies, including property, equipment, and supplies provided to the Afghanistan National Security Forces, which were destroyed, taken out of Afghanistan, or remain in Afghanistan in connection with the United States military withdrawal: Provided, That such report shall include information on the future plans of the Department of Defense regarding any such items. III Department of Health and Human Services Centers for Disease Control and Prevention CDC–Wide Activities and Program Support For an additional amount for CDC–Wide Activities and Program Support , $21,500,000, for support of Operation Allies Welcome, to remain available until September 30, 2022, for medical support, screening, and other related public health activities related to Afghan arrivals and refugees. Administration for Children and Families Refugee and Entrant Assistance For an additional amount for Refugee and Entrant Assistance , $1,680,000,000, to remain available until September 30, 2023, for support of Operation Allies Welcome for carrying out refugee and entrant assistance activities in support of citizens or nationals of Afghanistan paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act and citizens or nationals of Afghanistan for whom such refugee and entrant assistance activities are authorized: Provided , That amounts made available under this heading in this Act may be used for grants or contracts with qualified nonprofit organizations to provide culturally and linguistically appropriate services, including wrap-around services during temporary housing and after resettlement, housing assistance, medical assistance, legal assistance, and case management assistance: Provided further , That the Director of the Office of Refugee Resettlement, in carrying out section 412(c)(1)(A) of the Immigration and Nationality Act with amounts made available under this heading in this Act, may allocate such amounts among the States in a manner that accounts for the most current data available. Children and Families Services Programs For an additional amount for Children and Families Services Programs , $7,773,000, to remain available until September 30, 2022, for support of Operation Allies Welcome for necessary administrative expenses to carry out refugee and entrant assistance activities in support of citizens or nationals of Afghanistan. General Provision—This Title 2301. (a) Not later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services, the Secretary of State, and the Secretary of Homeland Security shall jointly submit a strategy on Afghan evacuee resettlement to the appropriate congressional committees and leadership describing agency roles and responsibilities, vetting, immigration status of each Afghan, and anticipated costs associated with implementing such strategy. (b) Definition of Afghan Evacuee In this section, the term Afghan evacuee means a person whose evacuation from Afghanistan to the United States, or a location overseas controlled by the United States, was facilitated by the United States as part of Operation Allies Refuge. IV Department of State Administration of Foreign Affairs Emergencies in the Diplomatic and Consular Service For an additional amount for Emergencies in the Diplomatic and Consular Service , $276,900,000, to remain available until expended, for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses, and to reimburse the account under this heading in prior acts making appropriations for the Department of State, foreign operations, and related programs for obligations previously incurred. Bilateral Economic Assistance Funds Appropriated to the President International Disaster Assistance For an additional amount for International Disaster Assistance , $400,000,000, to remain available until expended, to address humanitarian needs in Afghanistan and the region impacted by the situation in Afghanistan. Department of State Migration and Refugee Assistance For an additional amount for Migration and Refugee Assistance , $415,000,000, to remain available until expended, to address humanitarian needs in, and to assist refugees from, Afghanistan. United States Emergency Refugee and Migration Assistance Fund For an additional amount for United States Emergency Refugee and Migration Assistance Fund , $1,076,100,000, to remain available until expended, notwithstanding section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601(c)(2) ), of which $976,100,000 is for support for Operation Allies Welcome and related efforts by the Department of State, including additional relocations of individuals at risk as a result of the situation in Afghanistan and related expenses, and $100,000,000 is to respond to other unexpected and urgent humanitarian emergencies. General Provisions—This Title 2401. During fiscal years 2022 and 2023, notwithstanding any applicable restrictions on the ability of the Department of State and the United States Agency for International Development to enter into personal services contracts, including section 704 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 ) as continued by section 101 of division A of this Act (and any successor provision in a subsequently enacted appropriations Act), the authorities of section 2(c) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2669(c) ), section 636(a)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2396(a)(3) ), and section 5(a)(6) of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2605(a)(6) ) may be exercised, without regard to the geographic limitations referenced therein, particularly to enter into, extend, and maintain contracts with individuals who have served as locally employed staff of the United States mission in Afghanistan. 2402. The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act, a report on the proposed uses of funds appropriated by this title under the headings Emergencies in the Diplomatic and Consular Service and United States Emergency Refugee and Migration Assistance Fund , by program, project, and activity, for which the obligation of funds is anticipated: Provided , That such report shall be updated (including any changes in proposed uses from the initial plan) and submitted to the Committees on Appropriations every 45 days until September 30, 2023. 2403. Not later than 45 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the Committees on Appropriations a report on the status of the Priority 2 (P–2) designation granting United States Refugee Admissions Program (USRAP) access for certain at risk Afghan nationals and their eligible family members that was announced by the Department of State on August 2, 2021: Provided , That such report shall include the approximate number of Afghan nationals and their eligible family members who have been referred to the program, the number of Afghan nationals who have contacted a Resettlement Support Center to begin processing of their P–2 referral, the estimated time for processing such applications, an assessment of the obstacles facing P–2 eligible individuals seeking to leave Afghanistan, and a plan for augmenting personnel needed for refugee processing or humanitarian parole: Provided further , That such report shall be submitted in unclassified form, but may be accompanied by a classified annex. 2404. None of the funds appropriated in this title and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban. V General Provisions—This Act 2501. In addition to amounts otherwise made available, there is appropriated for U.S. Citizenship and Immigration Services—Immigration Examination Fee Account , $193,000,000, to remain available until expended, for necessary expenses in support of Operation Allies Welcome, to be deposited and used as provided in section 286(n) of the Immigration and Nationality Act ( 8 U.S.C. 1356(n) ): Provided , That such amounts shall be in addition to any other amounts made available for such purposes and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act ( 8 U.S.C. 1356(m) ): Provided further , That amounts provided in this section shall only be for the purposes specified, and notwithstanding any other provision of law are not available for non-expenditure transfer or reprogramming: Provided further , That within 15 days of the date of enactment of this Act, U.S. Citizenship and Immigration Services shall provide to the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives an expenditure plan for the funds provided under this paragraph, and every 30 days thereafter shall provide updated execution data to such Committees for such funds: Provided further , That the reporting requirement in the previous proviso shall end on September 30, 2026. 2502. (a) In General Notwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if— (1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently— (A) paroled into the United States between July 31, 2021, and September 30, 2022; or (B) paroled into the United States after September 30, 2022, and— (i) is the spouse or child (as such term is defined under section 101(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b) ) of an individual described in subparagraph (A); or (ii) is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child under 6 U.S.C. 279(g)(2) ; and (2) such individual’s parole has not been terminated by the Secretary of Homeland Security. (b) Benefits An individual described in subsection (a) shall be eligible for— (1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) until March 31, 2023; and (2) services described under section 412(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d)(2) ), subject to subparagraph (B) of such section, if such individual is an unaccompanied alien child as defined under 6 U.S.C. 279(g)(2) . (c) Expeditious adjudication of asylum applications With respect to an application for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) filed by an individual described in subsection (a)— (1) the initial interview on the asylum application shall occur not later than 15 days after the date on which an application is filed; and (2) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 150 days after the date an application is filed. (d) Clarification Notwithstanding any other provision of law, nothing in this Act shall be interpreted to— (1) preclude an individual described in subsection (a), from applying for or receiving any immigration benefits to which such individual is otherwise entitled; or (2) entitle a person described in subsection (a) to adjustment of status to lawful permanent resident; or (3) preclude a person described in subsection (a) from applying for a driver’s license or identification card for which they are eligible under state law. (e) Report Not later than 120 days after the date of enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit a report to Congress detailing the number individuals described in subsection (a); the number of individuals receiving benefits in subsection (b), including their eligibility for benefits as refugees notwithstanding this Act; and any other information deemed relevant by the Secretary. 2503. Reporting requirement (1) In general Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter through September 30, 2023, the Secretary of Homeland Security, in coordination with the head of any other applicable Federal agency, shall submit to Congress a report that includes the elements described in paragraph (2). (2) Elements The report required by paragraph (1) shall include the following: (A) A summary of the status of Afghan evacuees, including— (i) the number of the Afghan evacuees present in the United States, located at overseas bases of the United States Armed Forces, or located in third countries who are not located at such a base including— (I) the number who are U.S. lawful permanent residents; (II) the number who are Special Immigrant Visa holders; (III) the number who are Special Immigrant Visa applicants; (IV) the number who are in possession of a valid nonimmigrant visa to enter the United States; (V) the number who are employees of a U.S. Government agency; (VI) the number who are employees of a U.S. funded partner organization, media, or non-profit; (VII) the number of Priority 1 refugee referrals; (VIII) the number of Priority 2 refugee referrals; (IX) the number who have been relocated from the United States to a third country, and the country to which they were relocated; and (X) the number who do not fall into any of the above categories. (ii) the number of Afghan evacuees at overseas bases or other official staging areas who have been flagged as potential security concerns or risks or included on the United States no-fly list and who were therefore denied clearance to enter the United States; (iii) the number of the Afghan evacuees who have been paroled into the United States— (I) the number whose parole was terminated; and (II) the number whose parole has been extended; and (B) The number of Afghan evacuees who have been interviewed by U.S. Citizenship and Immigration Services in connection with an application or petition for immigration benefits, including— (i) the number of such interviews conducted since the United States withdrawal; (ii) the rate at which individuals were granted or refused the benefits that formed the basis for such interviews; (iii) the number of individuals who did not appear at a scheduled interview; and (iv) a description of the procedures for screening for and detecting child marriage, human trafficking, gender-based violence, and marriages entered into or relationships as fiancee or fiance claimed for the sole purpose of securing evacuation. (C) For each Federal department and agency involved in Operation Allies Welcome— (i) as of the date of the report, the costs incurred; and (ii) an identification of the source of appropriated or other funds used to fund the effort. (3) Definition of afghan evacuee In this section, the term Afghan evacuee means a person whose evacuation from Afghanistan to the United States, or a location overseas controlled by the United States, was facilitated by the United States as part of Operation Allies Refuge. 2504. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 2505. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 2506. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. 2507. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. This division may be cited as the Afghanistan Supplemental Appropriations Act, 2022 . D Other Matters I Extensions, Technical Corrections, and Other Matters 3101. Extension of Authority to Make Certain Appointments for National Disaster Medical System Section 2812(c)(4)(B) of the Public Health Service Act ( 42 U.S.C. 300hh–11(c)(4)(B) ) is amended by striking September 30, 2021 and inserting December 3, 2021 . 3102. Extending Certain Waiver Authorities (a) National School Lunch Program Requirement Waivers Addressing COVID–19 Section 2202(e) of the Families First Coronavirus Response Act ( Public Law 116–127 ; 42 U.S.C. 1760 note) is amended by striking September 30, 2021 and inserting June 30, 2022: Provided, That such waivers shall only apply to school year 2021–2022 . (b) Funding There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section. 3103. Extension of Additional Special Assessments Section 3014(a) of title 18, United States Code, is amended by striking September 30, 2021 and inserting December 31, 2021 . 3104. Extension of Temporary Order for Fentanyl-Related Substances Effective as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act ( Public Law 116–114 ), section 2 of such Act (as amended by Public Law 117–12 ) is amended by striking October 22, 2021 and inserting January 28, 2022 . 3105. Extending the Increased Federal Medical Assistance Percentage for Territories (a) In general Section 1905(ff) of the Social Security Act ( 42 U.S.C. 1396d(ff) ) is amended— (1) in paragraph (2), by striking September 30, 2021 and inserting December 3, 2021 ; and (2) in paragraph (3), by striking September 30, 2021 and inserting December 3, 2021 . (b) GAO review Not later than November 15, 2021, the Comptroller General of the United States shall review the determination of the allotment for Puerto Rico for fiscal year 2022 under section 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) ), and include in the review the legal opinion of the Comptroller General on the most plausible plain reading of how such fiscal year 2022 allotment level should be calculated. 3106. Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking $165,000,000 and inserting $69,000,000 . II Budgetary Effects 3201. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated— (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
September 22, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2789pcs/xml/BILLS-117s2789pcs.xml |
117-s-2790 | II 117th CONGRESS 1st Session S. 2790 IN THE SENATE OF THE UNITED STATES September 21, 2021 Mr. Hagerty (for himself, Ms. Lummis , Mr. Scott of South Carolina , Mr. Kennedy , Mrs. Blackburn , Mr. Cruz , Mr. Barrasso , Mr. Hoeven , Mr. Grassley , Mr. Braun , Mr. Rubio , Mrs. Capito , Ms. Collins , Mr. Cotton , Mr. Cramer , Mr. Boozman , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to subject the Bureau of Consumer Financial Protection to the regular appropriations process, and for other purposes.
1. Short title This Act may be cited as the Consumer Financial Protection Bureau Accountability Act of 2021 . 2. Subjecting the Bureau of Consumer Financial Protection to the regular appropriations process (a) In general Section 1017 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497 ) is amended— (1) in subsection (a)— (A) in the subsection heading, by striking “ Transfer of Funds From Board Of Governors.— ” and inserting Budget and Financial Management.— ; (B) by striking paragraphs (1) through (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated— (i) in the paragraph heading, by striking Budget and financial management.— and inserting In general.— ; (ii) by striking subparagraph (E); and (iii) by redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; (4) in subsection (b), as so redesignated— (A) in paragraph (2)— (i) in the first sentence, by inserting direct before victims ; and (ii) by striking the second sentence; and (B) by adding at the end the following: (3) Treatment of excess amounts If, after the Bureau obtains a civil penalty in a judicial or administrative action under Federal consumer financial laws, deposits that civil penalty into the Civil Penalty Fund under paragraph (1), and, under paragraph (2), makes payments to all of the direct victims of activities for which that civil penalty was imposed, amounts remain in the Civil Penalty Fund with respect to that civil penalty, the Bureau shall transfer those excess amounts to the general fund of the Treasury. ; and (5) in subsection (c), as so redesignated— (A) by striking paragraphs (1) through (3) and inserting the following: (1) Authorization of appropriations There is authorized to be appropriated such funds as may be necessary to carry out this title for fiscal year 2023. ; and (B) by redesignating paragraph (4) as paragraph (2). (b) Effective date The amendments made by this section shall take effect on October 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s2790is/xml/BILLS-117s2790is.xml |
117-s-2791 | II 117th CONGRESS 1st Session S. 2791 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mrs. Murray (for herself, Ms. Baldwin , Mr. Blumenthal , Mr. Booker , Mr. Brown , Mr. Cardin , Mr. Casey , Ms. Duckworth , Mrs. Feinstein , Mrs. Gillibrand , Ms. Hassan , Ms. Hirono , Mr. Kaine , Ms. Klobuchar , Mr. Luján , Mr. Markey , Mr. Menendez , Mr. Merkley , Mr. Murphy , Mr. Padilla , Ms. Rosen , Mr. Sanders , Mr. Schatz , Mrs. Shaheen , Ms. Smith , Mr. Van Hollen , Ms. Warren , Mr. Whitehouse , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prevent harassment at institutions of higher education, and for other purposes.
1. Short title This Act may be cited as the Tyler Clementi Higher Education Anti-Harassment Act of 2021 . 2. Institutional and financial assistance information for students Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) by striking the subsection heading and inserting Disclosure of campus security and harassment policy and campus crime statistics. ; (2) in paragraph (6)(A)— (A) by redesignating clauses (iii), (iv), and (v) as clauses (vi), (vii), and (viii), respectively; and (B) by inserting after clause (ii) the following: (iii) The term commercial mobile service has the meaning given the term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). (iv) The term electronic communication means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. (v) The term electronic messaging services has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 ). ; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1)— (i) a statement of policy regarding harassment on the basis of a student’s actual or perceived race, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, and a sex stereotype), disability, or religion, which shall include— (I) a prohibition of such harassment of enrolled students by other students, faculty, and staff— (aa) on campus; (bb) in noncampus buildings or on noncampus property; (cc) on public property; (dd) in dormitories or other residential facilities for students on campus; (ee) through the use of electronic mail addresses issued by the institution of higher education; (ff) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or (gg) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; (II) a prohibition of such harassment that is carried out in whole or in part through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology; (III) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; (IV) a description of the procedures that a student should follow if an incident of harassment occurs; and (V) a description of the procedures that the institution will follow once an incident of harassment has been reported; and (ii) a detailed description of each occasion in which a pattern of harassment occurs based on one or more of the characteristics described in clause (i) and the actions taken by the institution of higher education. (B) The statement of policy described in subparagraph (A)(i) shall address the following areas: (i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. (ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. (iii) Notification of existing counseling, mental health, or student and employee services for victims or perpetrators of harassment, both on campus and in the community. (iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member. . 3. Anti-harassment Competitive Grant program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. (2) Secretary The term Secretary means the Secretary of Education. (b) Program authorized The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). (c) Amount of grant awards The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. (d) Authorized activities An eligible entity that receives a grant under this section shall use the funds made available through the grant to address harassment on the basis of one or more of the characteristics described in section 485(f)(9)(A)(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(9)(A)(i) ), as amended by section 2 of this Act, by initiating, expanding, or improving programs— (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to recognize and prevent harassment or ways to address such harassment if it occurs. (e) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. (f) Duration; renewal A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award considerations In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and evaluation (1) Evaluation and report to the Secretary Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall— (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (2) Evaluation and report to Congress Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. (B) The anti-harassment programs being implemented with assistance under this section and the costs of such programs. (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. (3) Best practices report The Secretary shall use the information provided under paragraph (1) to publish a report of evidence-based best practices for combating harassment at institutions of higher education, which shall be based on scientific research that meets nationally recognized standards. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2027. 4. Effect on other laws Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 , 794a), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). The obligations imposed by this Act are in addition to those imposed by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). | https://www.govinfo.gov/content/pkg/BILLS-117s2791is/xml/BILLS-117s2791is.xml |
117-s-2792 | II Calendar No. 129 117th CONGRESS 1st Session S. 2792 [Report No. 117–39] IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Reed , from the Committee on Armed Services , reported the following original bill; which was read twice and placed on the calendar A BILL To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.
1. Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2022 . 2. Organization of Act into divisions; table of contents (a) Divisions This Act is organized into four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act. TITLE I—Procurement Subtitle A—Authorization of appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army programs Sec. 121. Multiyear procurement authority for AH–64E Apache helicopters. Sec. 122. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters. Sec. 123. Report and limitations on acquisition of Integrated Visual Augmentation System. Sec. 124. Modification of deployment by the Army of interim cruise missile defense capability. Subtitle C—Navy programs Sec. 131. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 132. Analysis of certain radar investment options. Sec. 133. Extension of report on Littoral Combat Ship mission packages. Sec. 134. Extension of procurement authorities for certain amphibious shipbuilding programs. Sec. 135. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. Sec. 136. Acquisition, modernization, and sustainment plan for carrier air wings. Sec. 137. Improving oversight of Navy contracts for shipbuilding, conversion, and repair. Subtitle D—Air Force programs Sec. 141. Required minimum inventory of tactical airlift aircraft. Sec. 142. Extension of inventory requirement for Air Force fighter aircraft. Sec. 143. Prohibition on use of funds for retirement of A–10 aircraft. Sec. 144. Requirements relating to reports on fighter aircraft. Sec. 145. Prohibition on additional F–35 aircraft for the Air National Guard. Sec. 146. Prohibition on availability of funds for reducing the number of KC–135 aircraft of the Air National Guard designated as primary mission aircraft inventory. Sec. 147. Authority to divest 18 KC–135 aircraft. Sec. 148. Prohibition on use of funds for a follow-on tanker aircraft to the KC–46 aircraft. Sec. 149. Maintenance of B–1 bomber aircraft squadrons. Subtitle E—Defense-wide, joint, and multiservice matters Sec. 161. Prohibition on duplication of efforts to provide air- and space-based ground moving target indicator capability. Sec. 162. Limitation on funds for armed overwatch aircraft. Sec. 163. Transition of F–35 program sustainment from Joint Program Office to Air Force and Navy. TITLE II—Research, development, test, and evaluation Subtitle A—Authorization of appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program requirements, restrictions, and limitations Sec. 211. Increase in allowable rate of basic pay for certain employees of Defense Advanced Research Projects Agency. Sec. 212. Additional mission areas for mechanisms for expedited access to technical talent and expertise at academic institutions by Department of Defense. Sec. 213. Modification of other transaction authority for research projects. Sec. 214. Artificial intelligence metrics. Sec. 215. Modification of the Joint Common Foundation Program. Sec. 216. Executive education on emerging technologies for senior civilian and military leaders. Sec. 217. Improvements relating to national network for microelectronics research and development. Sec. 218. Activities to accelerate domestic quantum computing capabilities. Sec. 219. Pilot programs for passive telecommunications infrastructure to facilitate installation 5G deployment. Sec. 220. National Guard participation in microreactor testing and evaluation. Sec. 221. Limitation on transfer of certain operational flight test events and reduction in operational flight test capacity. Sec. 222. Limitation on availability of funds for the High Accuracy Detection and Exploitation System. Subtitle C—Codification and technical corrections Sec. 231. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders. Sec. 232. Codification of authorities relating to Department of Defense science and technology reinvention laboratories. Sec. 233. Codification of requirement for Defense Established Program to Stimulate Competitive Research. Sec. 234. Technical correction to pilot program for enhancement of research, development, test, and evaluation centers of Department of Defense. Subtitle D—Plans, reports, and other matters Sec. 241. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories. Sec. 242. Analysis of potential modifications to Department of Defense unmanned aerial systems categorization. Sec. 243. Digital development infrastructure plan and working group. Sec. 244. Optionally Manned Fighting Vehicle requirements analysis. Sec. 245. Making permanent requirement for annual report by Director of Operational Test and Evaluation. TITLE III—Operation and maintenance Subtitle A—Authorization of appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and environment Sec. 311. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience. Sec. 312. Maintenance of current analytical tools in evaluating energy resilience measures. Sec. 313. Military Aviation and Installation Assurance Clearinghouse matters. Sec. 314. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States. Sec. 315. Demonstration program on domestic production of rare earth elements from coal byproducts. Sec. 316. Authority to transfer amounts derived from energy cost savings. Sec. 317. Sense of Senate on energy independence and diversification. Subtitle C—National Security Climate Resilience Sec. 331. Short title. Sec. 332. Definitions. Sec. 333. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense. Sec. 334. Climate Resilience Infrastructure Initiative of the Department of Defense. Sec. 335. Assessment of climate risks to infrastructure of Department of Defense. Subtitle D—Treatment of perfluoroalkyl substances and polyfluoroalkyl substances Sec. 351. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 352. Public disclosure of testing and results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances and additional requirements for testing. Sec. 353. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 354. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations. Sec. 355. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Subtitle E—Other matters Sec. 371. Extension of temporary authority to extend contracts and leases under the ARMS Initiative. Sec. 372. Incident reporting requirements for Department of Defense regarding lost or stolen weapons. Sec. 373. Repeal of sunset for naval vessel examination report. Sec. 374. Report on ammunition organic industrial base modernization by Department of the Army. Sec. 375. Annual report by Secretary of the Navy on ship maintenance. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Sec. 402. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements. Sec. 403. Additional authority to vary Space Force end strength. Sec. 404. Temporary exemption from end strength grade restrictions for the Space Force. Subtitle B—Reserve forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy Sec. 501. Increase in authorized lieutenant commander billets in the Navy. Sec. 502. Time in grade requirements. Subtitle B—General service authorities and correction of military records PART I— Selective service reform Sec. 511. Modernization of the Selective Service System. Sec. 512. Report on exemptions and deferments for a possible military draft. Sec. 513. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service. Sec. 514. Responsibilities for national mobilization; personnel requirements. Sec. 515. Enhancements to national mobilization exercises. PART II—Other matters Sec. 518. Military service independent racial disparity review. Sec. 519. Appeals to Physical Evaluation Board determinations of fitness for duty. Sec. 520. Extension of paid parental leave. Sec. 520A. Bereavement leave for members of the Armed Forces. Subtitle C—Prevention and response to sexual assault, harassment, and related misconduct, and other military justice matters Sec. 521. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims. Sec. 522. Assessment of relationship between command climate and the prevention and adjudication of military sexual misconduct. Sec. 523. Policy for ensuring the annual report regarding sexual assaults involving members of the Armed Forces includes information on race and ethnicity of victims. Sec. 524. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons. Sec. 525. Special Victim's Counsel representation of civilian victims of sex-related offenses. Sec. 526. Notice to victims of further administrative action following a determination not to refer to trial by court-martial. Sec. 527. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism. Sec. 528. Determination and reporting of missing, absent unknown, absent without leave, and duty status-whereabouts unknown service members. Sec. 529. Conduct unbecoming an officer. Sec. 530. Analysis of the use of non-judicial punishment. Sec. 530A. Sexual Assault Response Coordinator Military Occupational Specialty. Sec. 530B. Implementation of recommendations of the Independent Review Commission on Sexual Assault in the Military. Subtitle D—Military justice reform and sexual assault prevention PART I—Military justice matters Sec. 531. Special victim prosecutors. Sec. 532. Policies with respect to special victim prosecutors. Sec. 533. Definition of military magistrate, special victim offense, and special victim prosecutor. Sec. 534. Clarification of applicability of domestic violence and stalking to dating partners. Sec. 535. Clarification relating to who may convene courts-martial. Sec. 536. Inclusion of sexual harassment as general punitive article. Sec. 537. Determinations of impracticability of rehearing. Sec. 538. Plea agreements. Sec. 539. Opportunity to obtain witness and other evidence in trials by court-martial. Sec. 540. Former jeopardy. Sec. 541. Advice to convening authority before referral for trial. Sec. 542. Preliminary hearing. Sec. 543. Detail of trial counsel. Sec. 544. Sentencing reform. Sec. 545. Uniform, document-based data system. Sec. 546. Primary prevention workforce. Sec. 547. Annual primary prevention research agenda. Sec. 548. Full functionality of certain advisory committees and panels. Sec. 549. Military defense counsel parity. Sec. 550. Resourcing. Sec. 551. Applicability to the United States Coast Guard. Sec. 552. Effective date. PART II—Military justice improvement and increasing prevention Sec. 561. Short title. Sec. 562. Improvement of determinations on disposition of charges for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year. Sec. 563. Modification of officers authorized to convene general and special courts-martial for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year. Sec. 564. Discharge using otherwise authorized personnel and resources. Sec. 565. Monitoring and assessment of modification of authorities by Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 566. Limitation on modifications to sexual assault reporting procedures. Sec. 567. Professionalization of military prosecutors. Sec. 568. Increased training and education on military sexual assault. Sec. 569. Increasing the physical security of military installations. Sec. 570. Effective date and applicability. Subtitle E—Member education, training, and transition Sec. 571. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences. Sec. 572. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress. Sec. 573. Troops-to-Teachers Program. Sec. 574. Combating foreign malign influence. Sec. 575. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system. Subtitle F—Military family readiness and dependents' education Sec. 581. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 582. Pilot program to establish employment fellowship opportunities for military spouses. Subtitle G—Other matters and reports Sec. 591. Amendments to additional Deputy Inspector General of the Department of Defense. Sec. 592. Inclusion of Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting. Sec. 593. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test. Sec. 594. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N). Sec. 595. Reports on security force personnel performing protection level one duties. TITLE VI—MILITARY COMPENSATION Sec. 601. Basic needs allowance for members on active service in the Armed Forces. Sec. 602. Equal incentive pay for members of the reserve components of the Armed Forces. Sec. 603. Extension of expiring travel and transportation authorities. Sec. 604. Repeal of expiring travel and transportation authorities. Sec. 605. One-year extension of certain expiring bonus and special pay authorities. Sec. 606. Requirements in connection with suspension of retired pay and retirement annuities. TITLE VII—Health care provisions Subtitle A—TRICARE and other health care benefits Sec. 701. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program. Sec. 702. Coverage of overseas subacute and hospice care for eligible overseas dependents of members of the uniformed services. Sec. 703. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Subtitle B—Health care administration Sec. 721. Revisions to TRICARE provider networks. Sec. 722. Implementation of an integrated TRICARE program through effective market management. Sec. 723. Establishment of centers of excellence for enhanced treatment of ocular injuries. Sec. 724. Mandatory training on health effects of burn pits. Sec. 725. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs. Sec. 726. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities. Sec. 727. Consistency in accounting for medical reimbursements received by military medical treatment facilities from other Federal agencies. Subtitle C—Reports and other matters Sec. 741. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions. Sec. 742. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 743. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Repeal of preference for fixed-price contracts. Sec. 802. Improving the use of available data to manage and forecast service contract requirements. Sec. 803. Assessment of impediments and incentives to improving the acquisition of commercial technology, products, and services. Sec. 804. Pilot program on acquisition practices for emerging technologies. Sec. 805. Annual report on highest and lowest performing acquisition programs of the Department of Defense. Sec. 806. Systems engineering determinations. Subtitle B—Amendments to general contracting authorities, procedures, and limitations Sec. 811. Recommendations on the use of other transaction authority. Sec. 812. Modified condition for prompt contract payment eligibility. Sec. 813. Exclusion of certain services from intergovernmental support agreements for installation-support services. Sec. 814. Modification of prize authority for advanced technology achievements. Sec. 815. Cost or pricing data reporting in Department of Defense contracts. Sec. 816. Authority to acquire innovative commercial products and services using general solicitation competitive procedures. Sec. 817. Reporting requirement for defense acquisition activities. Sec. 818. Department of Defense contractor professional training material disclosure requirements. Sec. 819. Report on place of performance requirements. Sec. 820. Multiyear contract authority for defense acquisitions specifically authorized by law. Subtitle C—Industrial base matters Sec. 831. Addition of certain items to list of high priority goods and services for analyses, recommendations, and actions related to sourcing and industrial capacity. Sec. 832. Prohibition on acquisition of personal protective equipment from non-allied foreign nations. Sec. 833. Further prohibition on acquisition of sensitive materials. Sec. 834. Requirement for industry days and requests for information to be open to allied defense contractors. Sec. 835. Assessment of requirements for certain items to address supply chain vulnerabilities. Sec. 836. Requirement that certain providers of systems to Department of Defense disclose the source of printed circuit boards when sourced from certain countries. Sec. 837. Employment transparency regarding individuals who perform work in the People’s Republic of China. Subtitle D—Small business matters Sec. 841. Clarification of duties of Director of Small Business Programs. Sec. 842. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards. Sec. 843. Pilot program to incentivize employee ownership in defense contracting. Subtitle E—Other matters Sec. 851. Technology protection features activities. Sec. 852. Independent study on technical debt in software-intensive systems. Sec. 853. Determination with respect to optical fiber transmission equipment for Department of Defense purposes. Sec. 854. Two-year extension of Selected Acquisition Report requirement. Sec. 855. Military standards for high-hardness armor in combat vehicle specifications. Sec. 856. Revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Sec. 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions. Sec. 902. Renaming of Air National Guard to Air and Space National Guard. Sec. 903. Joint Aviation Safety Council. Sec. 904. Assignments for participants in the John S. McCain Strategic Defense Fellows Program. Sec. 905. Alignment of Close Combat Lethality Task Force. Sec. 906. Management innovation activities. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Commission on Planning, Programming, Budgeting, and Execution Reform. Sec. 1003. Plan for consolidation of information technology systems used in the planning, programming, budgeting, and execution process. Subtitle B—Counterdrug activities Sec. 1011. Codification and expansion of authority for joint task forces of the Department of Defense to support law enforcement agencies conducting counter-terrorism, counter-illicit trafficking, or counter-transnational organized crime activities. Sec. 1012. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia. Subtitle C—Naval vessels Sec. 1021. Modification to annual naval vessel construction plan. Sec. 1022. Navy battle force ship assessment and requirement reporting. Subtitle D—Counterterrorism Sec. 1031. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1032. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba. Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1035. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Notification of significant Army force structure changes. Sec. 1042. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers. Subtitle F—Studies and Reports Sec. 1051. Report on implementation of irregular warfare strategy. Sec. 1052. Optimization of Irregular Warfare Technical Support Directorate. Sec. 1053. Quarterly briefings on anomalous health incidents. Subtitle G—Other Matters Sec. 1061. Commission on the National Defense Strategy. Sec. 1062. Assessment of requirements for and management of Army three-dimensional terrain data. Sec. 1063. Modification to Regional Centers for Security Studies. TITLE XI—Civilian personnel matters Sec. 1101. Civilian personnel management. Sec. 1102. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense. Sec. 1103. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees. Sec. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies. Sec. 1105. Extension of temporary increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense. Sec. 1106. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1107. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1108. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States. Sec. 1109. Civilian Cybersecurity Reserve pilot project at United States Cyber Command. TITLE XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. Authority to build capacity for additional operations. Sec. 1202. Administrative support and payment of certain expenses for covered foreign defense personnel. Sec. 1203. Authority for certain reimbursable interchange of supplies and services. Sec. 1204. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1205. Temporary authority to pay for personnel expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security. Sec. 1206. Security cooperation strategy for certain combatant commands. Sec. 1207. Plan for enhancing Western Hemisphere security cooperation. Sec. 1208. Pilot program to support the implementation of the Women, Peace, and Security Act of 2017. Sec. 1209. Limitation on support to military forces of the Kingdom of Morocco for bilateral or multilateral exercises. Subtitle B—Matters relating to Afghanistan and Pakistan Sec. 1211. Extension and modification of authority for support for reconciliation activities led by the Government of Afghanistan and prohibition on use of funds for the Taliban and other terrorist groups. Sec. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1213. Afghanistan Security Forces Fund. Sec. 1214. Quarterly security briefings on Afghanistan. Sec. 1215. Sense of Senate and briefing on counterterrorism posture of the United States after transition of United States Armed Forces from Afghanistan. Subtitle C—Matters relating to Syria, Iraq, and Iran Sec. 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Subtitle D—Matters relating to Europe and the Russian Federation Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1233. Extension of Ukraine Security Assistance Initiative. Sec. 1234. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1235. Sense of Senate on the North Atlantic Treaty Organization. Sec. 1236. Sense of Senate on continuing support for Estonia, Latvia, and Lithuania. Subtitle E—Matters relating to the Indo-Pacific region Sec. 1241. Extension and modification of Indo-Pacific Maritime Security Initiative. Sec. 1242. Extension and modification of Pacific Deterrence Initiative. Sec. 1243. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1244. Cooperative program with Vietnam to account for Vietnamese personnel missing in action. Sec. 1245. Assessment of and plan for improving the defensive asymmetric capabilities of Taiwan. Sec. 1246. Annual feasibility briefing on cooperation between the National Guard and Taiwan. Sec. 1247. Defense of Taiwan. Sec. 1248. Comparative analyses and reports on efforts by the United States and the People's Republic of China to advance critical modernization technology with respect to military applications. Sec. 1249. Modification of annual report on military and security developments involving the People's Republic of China. Sec. 1250. Feasibility report on establishing more robust military-to-military crisis communications with the People's Republic of China. Sec. 1251. Semiannual briefings on efforts to deter Chinese aggression and military coercion. Sec. 1252. Sense of Congress on defense alliances and partnerships in the Indo-Pacific region. Subtitle F—Reports Sec. 1261. Report on security cooperation authorities and associated resourcing in support of the Security Force Assistance Brigades. Sec. 1262. Independent assessment with respect to Arctic region and establishment of Arctic Security Initiative. Sec. 1263. Annual report and briefing on Global Force Management Allocation Plan. Subtitle G—Other matters Sec. 1271. Modification of United States-Israel Operations-Technology cooperation within the United States-Israel Defense Acquisition Advisory Group. Sec. 1272. Prohibition on support for offensive military operations against the Houthis in Yemen. Sec. 1273. Repeal of authorization of non-conventional assisted recovery capabilities; modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment. Sec. 1274. Extension and modification of authority for certain payments to redress injury and loss. Sec. 1275. Secretary of Defense Strategic Competition Initiative. Sec. 1276. Strategic competition initiative for United States Southern Command and United States Africa Command. Sec. 1277. Modification of notification requirements for sensitive military operations. Sec. 1278. Special Operations Forces joint operating concept for competition and conflict. Sec. 1279. Plan for provision of information support to commanders of the combatant commands. Sec. 1280. Independent review of and report on the Unified Command Plan. Sec. 1281. Establishment of mission-oriented pilot programs to close significant capabilities gaps. Sec. 1282. Limitation on availability of certain funding for operation and maintenance. TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Funding allocations; specification of Cooperative Threat Reduction funds. TITLE XIV—Other authorizations Subtitle A—Military programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—Armed Forces Retirement Home Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home. Subtitle C—Other matters Sec. 1421. Authorization to loan materials in National Defense Stockpile. Sec. 1422. Repeal of termination of biennial report on National Defense Stockpile requirements. Sec. 1423. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. TITLE XV—Space activities, strategic programs, and intelligence matters Subtitle A—Space activities Sec. 1501. Delegation of authorities to Space Development Agency. Sec. 1502. Modification to Space Development Agency. Sec. 1503. Disclosure of National Security Space Launch program contract pricing terms. Sec. 1504. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise. Sec. 1505. Senior Procurement Executive authority. Sec. 1506. Modifications to Space Force Acquisition Council. Sec. 1507. Modifications relating to the Assistant Secretary of the Air Force for Space Acquisition and Integration. Sec. 1508. Modification to transfer of acquisition projects for space systems and programs. Sec. 1509. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force. Sec. 1510. Prohibition on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites. Sec. 1511. Continued requirement for National Security Space Launch program. Sec. 1512. Limitation, report, and briefing on use of commercial satellite services and associated systems. Sec. 1513. Study on commercial systems integration into, and support of, Armed Forces space operations. Sec. 1514. Space policy review. Sec. 1515. Annual briefing on threats to space operations. Subtitle B—Defense intelligence and intelligence-related activities Sec. 1521. Authority for Army counterintelligence agents to execute warrants and make arrests. Sec. 1522. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense. Subtitle C—Nuclear forces Sec. 1531. Participation in United States Strategic Command strategic deterrence exercises. Sec. 1532. Modification to requirements relating to nuclear force reductions. Sec. 1533. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States. Sec. 1534. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems. Sec. 1535. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe. Sec. 1536. Congressional Commission on the Strategic Posture of the United States. Sec. 1537. Revised nuclear posture review. Sec. 1538. Ground-based strategic deterrent development program accountability matrices. Sec. 1539. Procurement authority for certain parts of ground-based strategic deterrent cryptographic device. Sec. 1540. Mission-design series popular name for ground-based strategic deterrent. Sec. 1541. B–21 Raider nuclear capability and integration with long-range standoff weapon. Sec. 1542. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements. Sec. 1543. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1544. Limitation on use of funds until completion of analysis of alternatives for nuclear sea-launched cruise missile. Sec. 1545. Sense of the Senate on NATO security and nuclear cooperation between the United States and the United Kingdom. Sec. 1546. Sense of the Senate on maintaining diversity in the nuclear weapons stockpile. Sec. 1547. Sense of the Senate on ground-based strategic deterrent. Subtitle D—Missile defense programs Sec. 1551. Authority to develop and deploy Next Generation Interceptor for missile defense of the United States homeland. Sec. 1552. Annual reliability testing for the Next Generation Interceptor. Sec. 1553. Next Generation Interceptor development program accountability matrices. Sec. 1554. Extension of period for transition of ballistic missile defense programs to military departments. Sec. 1555. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1556. Semiannual updates on meetings held by the Missile Defense Executive Board. Sec. 1557. Independent study of Department of Defense components’ roles and responsibilities relating to missile defense. TITLE XVI—Cyberspace-related matters Sec. 1601. Matters concerning cyber personnel requirements. Sec. 1602. Cyber data management. Sec. 1603. Assignment of certain budget control responsibilities to Commander of United States Cyber Command. Sec. 1604. Coordination between United States Cyber Command and private sector. Sec. 1605. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations. Sec. 1606. Zero trust strategy, principles, model architecture, and implementation plans. Sec. 1607. Demonstration program for automated security validation tools. Sec. 1608. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1609. Quarterly reports on cyber operations. Sec. 1610. Assessment of cybersecurity posture and operational assumptions and development of targeting strategies and supporting capabilities. Sec. 1611. Assessing capabilities to counter adversary use of ransomware tools, capabilities, and infrastructure. Sec. 1612. Comparative analysis of cybersecurity capabilities. Sec. 1613. Report on the Cybersecurity Maturity Model Certification program. Sec. 1614. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure. Sec. 1615. Deadline for reports on assessment of cyber resiliency of nuclear command and control system. DIVISION B—Military Construction Authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Extension of authorization of fiscal year 2017 project at Wiesbaden Army Airfield. Sec. 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas. Sec. 2106. Modification of authority to carry out fiscal year 2021 project at Fort Wainwright, Alaska. Sec. 2107. Additional authority to carry out fiscal year 2022 project at Aberdeen Proving Ground, Maryland. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Extension of authorizations of certain fiscal year 2017 projects. Sec. 2306. Extension of authorizations of fiscal year 2017 projects at Spangdahlem Air Base, Germany. Sec. 2307. Extension of authorization of fiscal year 2017 project at Hanscom Air Force Base, Massachusetts. Sec. 2308. Modification of authority to carry out fiscal year 2018 project at Tyndall Air Force Base, Florida. Sec. 2309. Modification of authority to carry out fiscal year 2020 projects at Tyndall Air Force Base, Florida. TITLE XXIV—Defense Agencies military construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension of authorization of fiscal year 2017 project at Yokota Air Base, Japan. TITLE XXV—International programs Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. Sec. 2512. Republic of Poland provided infrastructure projects. Sec. 2513. Authorization to accept contributions from the Republic of Korea in the form of an irrevocable letter of credit. TITLE XXVI—Guard and Reserve Forces facilities Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. TITLE XXVII—Base realignment and closure activities Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account. Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round. TITLE XXVIII—Military construction and general provisions Subtitle A—Military construction program Sec. 2801. Clarification of establishment of the Office of Local Defense Community Cooperation as a Department of Defense Field Activity. Sec. 2802. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation. Subtitle B—Military family housing Sec. 2811. Command oversight of military privatized housing as element of performance evaluations. Sec. 2812. Clarification of prohibition against collection from tenants of privatized military housing units of amounts in addition to rent and application of existing law. Sec. 2813. Modification of calculation of military housing contractor pay for privatized military housing. Sec. 2814. Modification of requirements relating to window fall prevention devices at military family housing. Subtitle C—Land conveyances Sec. 2821. Land conveyance, St. Louis, Missouri. Sec. 2822. Land conveyance, Saint Joseph, Missouri. Sec. 2823. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina. Sec. 2824. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia. Subtitle D—Other matters Sec. 2831. Consideration of public education when making basing decisions. Sec. 2832. Designation of facility at Rock Island Arsenal, Illinois. Sec. 2833. Improvement of security of lodging and living spaces on military installations. Sec. 2834. Expansion of authority of Secretary of the Navy to lease and license Navy museum facilities to generate revenue to support museum administration and operations. Sec. 2835. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Nuclear Weapons Stockpile Matters Sec. 3111. Portfolio management framework for National Nuclear Security Administration. Sec. 3112. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials. Sec. 3113. Sense of Senate on oversight role of Congress in conduct of nuclear weapons testing. Subtitle C—Defense Environmental Cleanup Matters PART I—Environmental Management Liability Reduction and Technology Development Sec. 3121. Definitions. Sec. 3122. Independent assessment and management of defense environmental cleanup programs. Sec. 3123. Incremental Technology Development Program. Sec. 3124. High-Impact Technology Development Program. Sec. 3125. Environmental Management University Program. PART II—Other Matters Sec. 3131. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities. Subtitle D—Budget and Financial Management Matters Sec. 3141. Improvements to cost estimates informing analyses of alternatives. Sec. 3142. Modification of requirements for certain construction projects. Sec. 3143. Modification to terminology for reports on financial balances for atomic energy defense activities. Subtitle E—Other Matters Sec. 3151. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Sec. 3152. Extension of enhanced procurement authority to manage supply chain risk. Sec. 3153. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3154. Updates to Infrastructure Modernization Initiative. Sec. 3155. Acquisition of high-performance computing capabilities by National Nuclear Security Administration. Sec. 3156. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board. TITLE XXXV—MARITIME ADMINISTRATION Sec. 3501. Maritime Administration. DIVISION D—Funding Tables Sec. 4001. Authorization of amounts in funding tables. 3. Congressional defense committees In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 4. Budgetary effects of this Act The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses. I Procurement A Authorization of appropriations 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for procurement for the Army, the Navy and the Marine Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101. B Army programs 121. Multiyear procurement authority for AH–64E Apache helicopters (a) Authority for multiyear procurement Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of AH–64E Apache helicopters. (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. 122. Multiyear procurement authority for UH–60M and HH–60M Black Hawk helicopters (a) Authority for multiyear procurement Subject to section 2306b of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2022 program year, for the procurement of UH–60M and HH–60M Black Hawk helicopters. (b) Condition for out-year contract payments A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2022 is subject to the availability of appropriations for that purpose for such later fiscal year. 123. Report and limitations on acquisition of Integrated Visual Augmentation System (a) Report required (1) In general Not later than January 31, 2022, but after completion of operational testing of the Integrated Visual Augmentation System (IVAS), the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System. (2) Elements The report required by paragraph (1) shall include the following: (A) A validation of the reliability of the Integrated Visual Augmentation System to meet operational need for mean time between failure to support anticipated operational mission profiles. (B) A validation of network adequacy for operational employment of the System, including ability to integrate into command networks, and a plan to facilitate the display of position location and identification information for adjacent units, non-System-equipped platforms, and soldiers. (C) A validation of power duration adequacy and a plan for battery management of the System to meet anticipated operational mission requirements. (D) A plan to ensure targetable three-dimensional terrain data in the System. (E) A basis-of-issue plan based on lessons of developmental and operational testing of the System. (F) A plan for iterative improvements to sensors, software, and form factor throughout production and procurement of the System. (G) Any other matters that the Secretary considers relevant to the full understanding of the status and plan of the System. (b) Limitation on use of funds Of the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement of the Integrated Visual Augmentation System, not more than 50 percent may be obligated or expended until the date on which the Secretary submits to the congressional defense committees the report required by subsection (a)(1). 124. Modification of deployment by the Army of interim cruise missile defense capability Section 112(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1660), as amended by section 111(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in paragraph (1), by striking shall deploy the capability as follows: and all that follows through the period at the end and inserting shall deploy two batteries of the capability by not later than September 30, 2020. ; (2) in paragraph (2)— (A) in the paragraph heading, by striking deadlines and inserting deadline ; (B) in the matter preceding subparagraph (A), by striking deadlines and inserting deadline ; (C) in subparagraph (F), by adding and at the end; (D) by striking subparagraph (G); and (E) by redesignating subparagraph (H) as subparagraph (G); and (3) in paragraph (4), by striking in paragraph (1): and all that follows through the period at the end and inserting in paragraph (1), if the Secretary determines that sufficient funds have not been appropriated to enable the Secretary to meet such deadline. . C Navy programs 131. Extension of prohibition on availability of funds for Navy port waterborne security barriers Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1665), as most recently amended by section 127 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking for fiscal years 2019, 2020, or 2021 and inserting for fiscal years 2019, 2020, 2021, or 2022 . 132. Analysis of certain radar investment options (a) Analysis (1) In general The Director of Cost Assessment and Program Evaluation shall conduct an analysis of covered radar systems operating with the Aegis combat system in the Navy and the Missile Defense Agency in the future-years defense program. (2) Elements The analysis conducted under paragraph (1) shall include the following: (A) An independent cost estimate of each covered radar systems described in paragraph (1) and each variant thereof. (B) An assessment of the capability provided by each such system and variant to address current and future air and missile defense threats. (C) In the case of covered radar systems operating with the Aegis combat system in the Navy, an assessment of the capability and technical suitability of each planned configuration for such systems to support current and future distributed maritime operations in contested environments. (b) Report Not later than March 1, 2022, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees the following: (1) A report on the results of the analysis conducted under subsection (a)(1). (2) Such recommendations as the Director may have to achieve greater capability, affordability, and sustainability across covered radar systems described in subsection (a)(1), including variants thereof, during fiscal years 2022 through 2027, including whether to maintain parallel paths with different systems configurations or to choose to pursue fewer configurations. (c) Covered radar systems defined In this section, the term covered radar systems includes the following: (1) AN/SPY–1. (2) AN/SPY–6. (3) AN/SPY–7. 133. Extension of report on Littoral Combat Ship mission packages Section 123(a)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2030) is amended by striking fiscal year 2022 and inserting fiscal year 2027 . 134. Extension of procurement authorities for certain amphibious shipbuilding programs Section 124(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal years 2021 and 2022 . 135. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) In general Chapter 863 of title 10, United States Code, is amended by inserting after section 8678 the following new section: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life (a) Limitation The Secretary of the Navy may not decommission or inactivate a battle force ship before the end of the expected service life of the ship. (b) Waiver The Secretary may waive the limitation under subsection (a) not fewer than 30 days after the date on which the Secretary submits to the congressional defense committees a certification described in subsection (c). (c) Certification described A certification described in this subsection is a certification that— (1) (A) maintaining the battle force ship in a reduced operating status is not feasible; (B) maintaining the ship with reduced capability is not feasible; (C) maintaining the ship as a Navy Reserve unit is not feasible; (D) transferring the ship to the Coast Guard is not feasible; (E) maintaining the ship is not required to support the most recent national defense strategy required by section 113(g) of this title; and (F) maintaining the ship is not required to support operational plans of any combatant commander; and (2) includes an explanation of— (A) the options assessed and the rationale for the determinations under subparagraphs (A) through (D) of paragraph (1); and (B) the rationale for the determinations under subparagraphs (E) and (F) of such paragraph. (d) Form A certification submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term expected service life means the number of years a naval vessel is expected to be in service. . (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is amended by inserting after the item relating to section 8678 the following new item: 8678a. Limitation on decommissioning or inactivating a battle force ship before the end of expected service life. . 136. Acquisition, modernization, and sustainment plan for carrier air wings (a) Plan required Not later than February 1, 2022, the Secretary of the Navy shall submit to the congressional defense committees a 15-year acquisition, modernization, and sustainment plan for the carrier air wings of the Navy. (b) Elements The plan required by subsection (a) shall include the following: (1) An assessment of how well the capabilities and composition of the carrier air wings meet the requirements of the National Defense Strategy and a plan to address known shortfalls such as with respect to tanker capacity and strike fighter range. (2) An identification of the role of autonomous aircraft, including the MQ–25 aircraft, and other potential future capabilities and platforms in future carrier air wings. (3) An assessment of whether nine carrier air wings is the correct force structure, considering— (A) whether the composition of aircraft and squadrons within a carrier air wing as of the date on which the plan is submitted is adequate; and (B) whether ten carrier air wings, the minimum number to be maintained under section 8062(e) of title 10, United States Code, after the earlier of the two dates referred to in subparagraphs (A) and (B) of paragraph (1) of such section, is adequate. (4) An identification of the appropriate modernization plan to maximize operational use of platforms in existence as of the date on which the report is submitted, particularly the EA–18G aircraft and the E–2D aircraft, by leveraging available technologies such as Next Generation Jammer. 137. Improving oversight of Navy contracts for shipbuilding, conversion, and repair (a) In general Chapter 805 title 10, United States Code, is amended by adding at the end the following new section: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (a) In general The Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair (in this section referred to as the Deputy Commander ). (b) Qualifications The Deputy Commander shall be a flag officer of the Navy or an employee of the Navy in a Senior Executive Service position. (c) Reporting The Deputy Commander shall report directly to the Commander of the Naval Sea Systems Command. (d) General responsibilities The Deputy Commander shall— (1) independently administer and manage the execution of Department of Defense contracts awarded to commercial entities for shipbuilding, conversion, and repair at the facilities of such entities; (2) serve as the designated contract administration office of the Department responsible for performing contract administration services for the contracts described in paragraph (1); (3) enforce contract requirements of the contracts described in paragraph (1), ensuring contractors and the Department satisfy contractual obligations; (4) work with contractors and Federal agencies to facilitate greater quality and economy in the products and services being procured; and (5) provide on-site quality assurance for contracts described in paragraph (1), including inspections. (e) Non-CAS functions The Deputy Commander shall manage the complexities and unique demands of shipbuilding, conversion, and repair by performing the following non-contract administration services functions for Navy Program Executives Offices, fleet commanders, and the Naval Sea Systems Command headquarters: (1) Project oversight, including the following: (A) Coordinating responses to non-contractual emergent problems. (B) Coordinating activities of precommissioning crews and ship’s force, and other Government activities. (C) Communicating with customers and higher authority regarding matters that may affect project execution. (2) Technical authority, including the following: (A) Executing the technical authority responsibilities of the Waterfront Chief Engineer. (B) Serving as the waterfront technical authority of the Naval Sea Systems Command responsible for providing Government direction and coordination in the resolution of technical issues. (C) Contract planning and procurement, including participation in acquisition planning and pre-award activities, including assessment of contractor qualifications. (f) Comprehensive contract management The Deputy Commander shall maintain direct relationships with the Director of the Defense Contract Management Agency and the Director of the Defense Contract Audit Agency to facilitate comprehensive contract management and oversight of contractors awarded a contract described in subsection (d)(1) and subcontractors. (g) Subcontractor audits The Deputy Commander shall request that the Director of the Defense Contract Audit Agency perform periodic audits of subcontractors that perform cost- or incentive-type subcontracts for which the Deputy Commander serves as the designated contract administration office of the Department and that are valued at $50,000,000 or more. (h) Annual written assessment (1) Not later than March 1 of each year, the Deputy Commander shall submit to the congressional defense committees a written assessment of the contracts for which the Deputy Commander serves as the designated contract administration office of the Department. (2) Each written assessment required by paragraph (1) shall include the following: (A) The cost, schedule, and performance of each contract covered by the assessment. (B) A summary of any requests for corrective action or other significant contract discrepancies documented by the office of the Deputy Commander, the Defense Contract Management Agency, or the Defense Contract Audit Agency for such contracts, and any actions planned or taken in response. (C) A summary of any dedicated evaluation, such as a review by a task force or working group, of the organizational structure and resourcing plans and requirements that support the supervision of shipbuilding, conversion, and repair, that— (i) includes key findings, recommendations, and implementation plans; and (ii) indicates any additional support needed from other organizations of the Department, such as the Defense Contract Audit Agency and the Defense Contract Management Agency, for implementation. . (b) Clerical amendment The table of sections at the beginning of chapter 805 of such title is amended by adding at the end the following new item: 8039. Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair. . (c) Deadline for establishment and appointment Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall establish and appoint an individual to the position of Deputy Commander of the Naval Sea Systems Command for the Supervision of Shipbuilding, Conversion, and Repair under section 8039 of such title, as added by subsection (a). D Air Force programs 141. Required minimum inventory of tactical airlift aircraft (a) In general The Secretary of the Air Force shall maintain a total tactical airlift aircraft inventory of not less than 292 aircraft. (b) Exception The Secretary of the Air Force may reduce the number of C–130 aircraft in the Air Force below the minimum number specified in subsection (a) if the Secretary of the Air Force determines, on a case-by-case basis, that an aircraft is no longer mission capable because of a mishap or other damage. (c) Savings clause (1) In general During fiscal years 2021, 2022, and 2023, the Secretary of the Air Force is prohibited from reducing the total tactical airlift aircraft inventory from the National Guard. (2) Replacements The Secretary of the Air Force may remove an aircraft from the total tactical airlift aircraft inventory of the National Guard if the Secretary of the Air Force replaces the aircraft with a similarly capable mobility aircraft. (d) Sunset This section shall not apply after October 1, 2023. (e) Conforming amendment Section 134(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking October 1, 2021 and inserting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 . 142. Extension of inventory requirement for Air Force fighter aircraft (a) Extension of inventory requirement Section 9062(i)(1) of title 10, United States Code, is amended by striking October 1, 2022 and inserting October 1, 2026 . (b) Extension of limitation on retirement of Air Force fighter aircraft Section 131(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1314; 10 U.S.C. 9062 note) is amended— (1) in paragraph (1), by striking October 1, 2022 and inserting October 1, 2026 ; and (2) in paragraph (2), by striking October 1, 2022 and inserting October 1, 2026 . 143. Prohibition on use of funds for retirement of A–10 aircraft (a) Prohibition Notwithstanding sections 134 and 135 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037), and except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to retire, prepare to retire, or place in storage or on backup aircraft inventory status any A–10 aircraft. (b) Exception (1) In general The limitation under subsection (a) shall not apply to an individual A–10 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of a Class A mishap. (2) Certification required If the Secretary determines under paragraph (1) that an aircraft is no longer mission capable, the Secretary shall submit to the congressional defense committees a certification that the status of such aircraft is due to a Class A mishap and not due to lack of maintenance or repairs or other reasons. (3) Certification additional Any certification submitted under paragraph (2) shall be in addition to the notification and certification required by section 135(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2039). (c) Implementation report Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report setting forth the following: (1) The plans of the Secretary to re-wing each of the aircraft in the fleet of 281 A–10 aircraft that have not received new wings as of the date of the enactment of this Act, including— (A) the funding needed to complete re-winging of the aircraft in the fleet and the fiscal year in which such funds will be requested; and (B) the plan for executing the installations, including the intended location, number of aircraft, and fiscal year in which installations will be completed. (2) The funding needed to maintain the aircraft in the fleet of 281 A–10 aircraft at a rate of operational readiness of not less than 80 percent mission capable and not less than 70 percent fully mission capable, including— (A) the funding for unit, intermediate, and depot maintenance and repair, spare parts, fuel and all other flying hour costs; (B) the actual funding being made available by the Air Force to achieve and maintain such readiness levels; and (C) any actions taken or contemplated to be taken to bridge any shortfall. (d) Report on comparison test and evaluation that examines capabilities of F–35A and A–10C aircraft Section 134(e)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038) is amended— (1) in subparagraph (A), by striking ; and and inserting a semicolon; (2) in subparagraph (B)— (A) by inserting the results and findings of before a comparison ; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding after subparagraph (B) the following new subparagraph: (C) details of the design and metrics of the comparison test and evaluation described in subparagraph (B), including each scenario examined in the test, number of sorties, time on station, how the interaction with ground forces and Joint Terminal Air Controllers was assessed or simulated, how scenarios adequately represented real-world threats, ability to strike representative targets, and combat dynamics in which close air support, search and rescue, and forward air controller airborne missions were conducted. . 144. Requirements relating to reports on fighter aircraft (a) Modification of limitation on retirement of A–10 aircraft Section 134(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2037) is amended by striking report under subsection (e)(2) and inserting part of the report under subsection (e)(2) that is required under subparagraph (C) of that subsection . (b) Fighter aircraft comparison test reports (1) Report from Director of Operational Test and Evaluation Not later than 60 days after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees the part of the report required by section 134(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). (2) Report from Secretary of the Air Force Not later than 60 days after the date of the submission of the report under paragraph (1), the Secretary of the Air Force shall submit to the congressional defense committees the part of the report required by section 134(e)(2)(C) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2038). 145. Prohibition on additional F–35 aircraft for the Air National Guard Beginning on the date of the enactment of this Act, the Secretary of the Air Force may not equip any unit of the Air National Guard of the United States with an F–35 aircraft until the ratio of combat-coded F–35 aircraft of the Regular Air Force to combat-coded F–35 aircraft of the Air National Guard is greater than 4 to 1. 146. Prohibition on availability of funds for reducing the number of KC–135 aircraft of the Air National Guard designated as primary mission aircraft inventory Section 135(d) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking None and inserting the following: (1) Fiscal year 2021 None ; and (2) by adding at the end the following new paragraph: (2) Fiscal year 2022 None of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated to reduce the number of KC–135 aircraft of the Air National Guard designated as primary mission aircraft inventory. . 147. Authority to divest 18 KC–135 aircraft Notwithstanding section 135 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), during the period beginning on the date of the enactment of this Act and ending on October 1, 2022, the Secretary of the Air Force may divest 18 KC–135 aircraft. 148. Prohibition on use of funds for a follow-on tanker aircraft to the KC–46 aircraft None of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Air Force may be obligated for a follow-on tanker aircraft to the KC–46 aircraft (commonly referred to as a bridge tanker ) until the date on which the Remote Vision System version 2.0 begins operational testing. 149. Maintenance of B–1 bomber aircraft squadrons The Secretary of the Air Force shall fully maintain the operational and maintenance squadrons of the B–1 bomber aircraft in existence as of the date of the enactment of this Act until at least September 30, 2030, unless such squadrons are replaced by units of the B–21 bomber aircraft. E Defense-wide, joint, and multiservice matters 161. Prohibition on duplication of efforts to provide air- and space-based ground moving target indicator capability (a) Prohibition on duplication of efforts The Secretary of Defense shall ensure that efforts to provide air- and space-based ground moving target indicator capability are not duplicated across the Department of Defense. (b) Prohibition on use of funds The Secretary of Defense may not obligate or expend any funds to provide the capability described in subsection (a) until the Vice Chairman of the Joint Chiefs of Staff, in consultation with the Secretaries of the military departments and the heads of such agencies as the Secretary of Defense considers appropriate, submits to the congressional defense committees the following: (1) A list of all procurement and research and development efforts relating to the capability described in subsection (a) funded by the Department of Defense or any other agency of the executive branch. (2) A description of how the efforts described in paragraph (1) will provide real-time information to warfighters through the use of air battle managers and the joint all domain command and control efforts of the Department. 162. Limitation on funds for armed overwatch aircraft None of the funds authorized to be appropriated by this Act for Procurement, Defense-wide, for the procurement of armed overwatch aircraft by the United States Special Operations Command may be obligated or expended until 15 days after submission to the congressional defense committees of the acquisition roadmap required by section 165(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 163. Transition of F–35 program sustainment from Joint Program Office to Air Force and Navy (a) Transition plan Not later than February 1, 2022, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretary of the Air Force and the Secretary of the Navy, shall submit to the congressional defense committees a report with a plan for transitioning sustainment responsibilities for the F–35 program away from the Joint Program Office. The plan shall include the full transfer by October 1, 2027, of sustainment responsibilities for the F–35A to the Air Force as executive agent and of sustainment responsibilities for the F–35B and F–35C to the Navy as executive agent. (b) Transition requirement Not later than October 1, 2027, the Secretary of Defense shall fully transition sustainment responsibilities for the F–35 program from the Joint Program Office to the Air Force and the Navy as specified under subsection (a). II Research, development, test, and evaluation A Authorization of appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201. B Program requirements, restrictions, and limitations 211. Increase in allowable rate of basic pay for certain employees of Defense Advanced Research Projects Agency Subparagraph (A) of section 1599h(b)(2) of title 10, United States Code, is amended to read as follows: (A) in the case of employees appointed pursuant to paragraph (1)(B)— (i) to any of 5 positions designated by the Director of the Defense Advanced Research Projects Agency for purposes of this clause, at rates not in excess of a rate equal to 150 percent of the maximum rate of basic pay authorized for positions at Level I of the Executive Schedule under section 5312 of title 5; and (ii) to any other position designated by the Director for purposes of this clause, at rates not in excess of the maximum amount of total annual compensation payable at the salary set in accordance with section 104 of title 3; and . 212. Additional mission areas for mechanisms for expedited access to technical talent and expertise at academic institutions by Department of Defense Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 ( 10 U.S.C. 2358 note) is amended— (1) by redesignating paragraph (30) as paragraph (33); and (2) by inserting after paragraph (29) the following new paragraphs (30), (31), and (32): (30) Research security and integrity. (31) Spectrum dominance. (32) Printed circuit boards. . 213. Modification of other transaction authority for research projects Section 2371 of title 10, United States Code, is amended— (1) in subsection (e)— (A) by striking paragraph (2); (B) in paragraph (1), in the matter before subparagraph (A), by striking (1) ; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (2) by amending subsection (h) to read as follows: (h) Guidance The Secretary of Defense shall issue guidance to carry out this section. . 214. Artificial intelligence metrics (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the potential applications of artificial intelligence and digital technology to Department of Defense platforms, processes, and operations; and (2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics (1) Skill gaps In carrying out subsection (a), the Secretary shall require each secretary of a military department and the head of each component of the Department shall— (A) (i) conduct a comprehensive review of skill gaps in the fields of software development, software engineering, knowledge management, data science, and artificial intelligence; (ii) assess the number and qualifications of civilian personnel needed for both management and specialist tracks in such fields; (iii) assess the number of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel. (2) AI modernization activities In carrying out subsection (a), the Secretary shall— (A) assess investment by the Department in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and (C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department. (3) Exercises, wargames, and experimentation To assist the Secretary in carrying out subsection (a), the Chairman of the Joint Chiefs of Staff shall— (A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and (B) develop performance objectives and accompanying metrics for such integration. (4) Logistics and sustainment In carrying out subsection (a), the Secretary shall require the Under Secretary of Defense for Acquisition and Sustainment— (A) to assess the application of artificial intelligence in logistics and sustainment systems; and (B) to establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise. (5) Business AI applications In carrying out subsection (a), the Secretary of Defense shall— (A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and (B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department, including the following: (i) Human resources. (ii) Budget and finance, including audit. (iii) Retail. (iv) Real estate. (v) Health care. (vi) Logistics. (vii) Such other business processes as the Secretary considers appropriate. (c) Report to Congress Not later than 120 days after the completion of the review required by subsection (a)(1), the Secretary shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b). 215. Modification of the Joint Common Foundation Program (a) Modification of joint common foundation The Secretary of Defense shall modify the Joint Common Foundation program conducted by the Joint Artificial Intelligence Center to ensure that Department of Defense components can more easily contract with leading commercial artificial intelligence companies to support the rapid and efficient development and deployment of applications and capabilities. (b) Qualifying commercial companies The Secretary shall take such actions as may be necessary to increase the number of commercial artificial intelligence companies eligible to provide support to Department of Defense components, including with respect to requirements for cybersecurity protections and processes, to achieve automatic authority to operate and provide continuous delivery, security clearances, data portability, and interoperability. (c) Use of FAR part 12 The Secretary shall ensure that, to the maximum extent practicable, commercial artificial intelligence companies are able to offer platforms, services, applications, and tools to components through processes and procedures under part 12 of the Federal Acquisition Regulation. (d) Objectives of the joint common foundation program The objectives of the Joint Common Foundation shall include the following: (1) Relieving components of the need to design or develop or independently contract for the computing and data hosting platforms and associated services on and through which the component would apply its domain expertise to develop specific artificial intelligence applications. (2) Providing expert guidance to components in selecting commercial platforms, tools, and services to support the development of component artificial intelligence applications. (3) Ensuring that leading commercial artificial intelligence technologies and capabilities are easily and rapidly accessible to components through streamlined contracting processes. (4) Assisting components in designing, developing, accessing, or acquiring commercial or non-commercial capabilities that may be needed to support the operational use of artificial intelligence applications. (5) Enabling companies to develop software for artificial intelligence applications within secure software development environments that are controlled, sponsored, required, or specified by the Department of Defense, including PlatformOne of the Department of the Air Force (e) Briefing Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on actions taken to carry out this section. 216. Executive education on emerging technologies for senior civilian and military leaders (a) Establishment of course Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense. (b) Plan for participation (1) In general The Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a). (2) Requirements As part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are— (A) required to complete the executive education activities under such subsection; and (B) certified as having successfully completed the executive education activities. (c) Report (1) In general Not later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a). (2) Contents The report submitted under paragraph (1) shall include the following: (A) A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated. (B) A recommendation with respect to continuing or expanding the activities required under subsection (a). 217. Improvements relating to national network for microelectronics research and development Section 9903(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1), in the matter before subparagraph (A), by striking may and inserting shall ; and (2) by adding at the end the following new paragraphs: (3) Structure (A) In carrying out paragraph (1), the Secretary shall, through a competitive process, select two or more entities to carry out the activities described in paragraph (2) as part of the network established under paragraph (1). (B) The Secretary shall, to the extent practicable, ensure that the entities selected under subparagraph (A) collectively represent the geographic diversity of the United States. . 218. Activities to accelerate domestic quantum computing capabilities (a) Activities required The Secretary of Defense shall establish a set of activities— (1) to accelerate the development and deployment of a useful, large scale, dual-use quantum computing capability; (2) to ensure that the Department of Defense is fully aware and has a technical understanding of the maturity and operational utility of new and emerging quantum computing technologies; and (3) to ensure the Department of Defense consistently has access to the most advanced quantum computing capabilities available in the commercial sector to support research and modernization activities. (b) Assistance program (1) Program required In carrying out subsection (a) and subject to the availability of appropriations for this purpose, the Secretary shall, acting through the Director of the Defense Advanced Research Projects Agency and in consultation with such officials from government and private sector organizations as the Secretary considers appropriate, establish a program under which the Secretary may award assistance to one or more organizations to accelerate the development and deployment of a useful, dual-use quantum computing capability. (2) Form of assistance Assistance awarded under the program required by paragraph (1) may consist of a grant, a contract, a cooperative agreement, or such other form of assistance as the Secretary considers appropriate. (3) Authorities and acquisition approaches The Secretary may use the following authorities and acquisition approaches for the program required by paragraph (1): (A) Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements. (B) Section 2373 of such title, relating to procurement for experimental purposes. (C) Sections 2371 and 2371b of such title, relating to transactions other than contracts and grants. (D) Section 2358 of such title, relating to research and development projects. (E) Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note), relating to defense pilot program for authority to acquire innovative commercial items, technologies, and services using general solicitation competitive procedures. (F) Milestone payments based on technical achievements. (G) Requirement for cost share from private sector participants in the program. (H) Commercial procurements under part 12 of the Federal Acquisition Regulations. (I) Such other authorities or approaches as the Secretary considers appropriate. (4) Policies and procedures The Secretary shall, in consultation with such experts from government and industry as the Secretary considers appropriate, establish policies and procedures to carry out the program required by paragraph (1). (c) Briefing and report (1) Briefing Not later than March 1, 2022, the Secretary shall provide to the congressional defense committees a briefing on the plan to carry out the activities required by subsection (a) and the program required by subsection (b). (2) Report Not later than December 31, 2022, and not less frequently than once each year thereafter until December 31, 2026, the Secretary shall submit to the congressional defense committees a report on the activities carried out under subsection (a) and the program carried out under subsection (b). 219. Pilot programs for passive telecommunications infrastructure to facilitate installation 5G deployment (a) Plans (1) In general Not later than 180 days after enactment of this Act, each Secretary of a military department shall submit to the congressional defense committees a plan for a pilot program for the deployment of passive telecommunications infrastructure to facilitate the deployment of fifth-generation wireless telecommunications on military installations of the respective military department. (2) Plan elements Each plan submitted under paragraph (1) by a Secretary of a military department shall include, with respect to such military department, the following: (A) A list of military installations at which the pilot program will be carried out, including at least one military installation of the department. (B) A description of authorities that will be used to execute the pilot program. (C) A timeline for the implementation and duration of the pilot program. (D) The number of telecommunication carriers that intend to use the passive telecommunications infrastructure to provide services at each of the military installations listed under subparagraph (A). (E) An assessment of need for centralized processes and points of contacts to facilitate passive telecommunications infrastructure or similar telecommunications infrastructure. (b) Pilot programs required Not later than one year after the date of the enactment of this Act, each Secretary of a military department shall establish a pilot program in accordance with the plan submitted by the Secretary under subsection (a)(1). (c) Reports (1) In general Not later than 180 days after the date on which a Secretary of a military department commences a pilot program under subsection (b) and not less frequently than once every 180 days thereafter until the completion of the pilot program, the Secretary of the military department shall submit to the congressional defense committees a report on the pilot program. (2) Contents Each report submitted under paragraph (1) for a pilot program shall include the following: (A) A description of the status of the pilot program at each location at which the pilot program is carried out. (B) A description of the use of and services provided by telecommunications carriers of the passive telecommunications infrastructure at each military installation under the pilot program. (C) Such additional information as the Secretary of the military department considers appropriate. (d) Passive telecommunications infrastructure defined In this section, the term passive telecommunications infrastructure means the passive components that enable services of commercial telecommunication carriers and Department of Defense private networks, including macro tower, small cell poles, distributed antenna systems, dark fiber, and assured power solutions. 220. National Guard participation in microreactor testing and evaluation The Secretary of Defense may, in coordination with the Director of the Strategic Capabilities Office and the Chief of the National Guard Bureau, assemble a collection of four National Guard units to participate in the testing and evaluation of a micro nuclear reactor program. 221. Limitation on transfer of certain operational flight test events and reduction in operational flight test capacity The Secretary of the Navy may not transfer any operational flight test event to be completed by a nontest designated unit and may not reduce any operational flight test capacity until such time as the Director of Operational Test and Evaluation has, in consultation with the Secretary of the Navy, certified that the use of nontest designated units to conduct flight tests will not have any appreciable effect on program cost, program schedule, or the efficacy of test completion. 222. Limitation on availability of funds for the High Accuracy Detection and Exploitation System Of the funds authorized to be appropriated by this Act for fiscal year 2022 for Research, Development, Test and Evaluation, Army, for the High Accuracy Detection and Exploitation System, not more than 50 percent may be obligated until the Vice Chairman of the Joint Chiefs of Staff certifies that— (1) the High Accuracy Detection and Exploitation System is a critical component of Project Convergence of the Army and is consistent with the Joint All Domain Command and Control strategy of the Department of Defense; and (2) in a conflict, it will be able to operate at standoff distances for survivability against enemy air defenses, while providing signals intelligence, electronic intelligence, communications intelligence, or synthetic aperture radar or moving target indicator information to the ground component commander, consistent with planned operational concepts. C Codification and technical corrections 231. Codification of direct hire authority at personnel demonstration laboratories for advanced degree holders (a) In general Section 2358a of title 10, United States Code, is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Direct hire authority at personnel demonstration laboratories for advanced degree holders (1) Authority The Secretary of Defense may appoint qualified candidates possessing an advanced degree to positions described in paragraph (2) without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title. (2) Applicability This subsection applies with respect to candidates for scientific and engineering positions within any laboratory designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) as a Department of Defense science and technology reinvention laboratory. (3) Limitation (A) Authority under this subsection may not, in any calendar year and with respect to any laboratory, be exercised with respect to a number of candidates greater than the number equal to 5 percent of the total number of scientific and engineering positions within such laboratory that are filled as of the close of the fiscal year last ending before the start of such calendar year. (B) For purposes of this paragraph, positions and candidates shall be counted on a full-time equivalent basis. . (b) Repeal Section 1108 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ) is hereby repealed. (c) Conforming amendments (1) Section 255(b)(5)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2223a note) is amended by striking in section 2358a(f)(3) of and inserting in section 2358a(g) of . (2) Section 223(d)(3)(C) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking in section 2358a(f) of and inserting in section 2358a(g) of . 232. Codification of authorities relating to Department of Defense science and technology reinvention laboratories (a) In general Subchapter II of chapter 305 of title 10, United States Code, as added by section 1843 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting before section 4111 the following new section: 4110. Science and technology reinvention laboratories: authority and designation (a) In general (1) The Secretary of Defense may carry out personnel demonstration projects at Department of Defense laboratories designated by the Secretary as Department of Defense science and technology reinvention laboratories. (2) (A) Each personnel demonstration project carried out under the authority of paragraph (1) shall be generally similar in nature to the China Lake demonstration project. (B) For purposes of subparagraph (A), the China Lake demonstration project is the demonstration project that is authorized by section 6 of the Civil Service Miscellaneous Amendments Act of 1983 ( Public Law 98–224 ) to be continued at the Naval Weapons Center, China Lake, California, and at the Naval Ocean Systems Center, San Diego, California. (3) If the Secretary carries out a demonstration project at a laboratory pursuant to paragraph (1), section 4703 of title 5 shall apply to the demonstration project, except that— (A) subsection (d) of such section 4703 shall not apply to the demonstration project; (B) the authority of the Secretary to carry out the demonstration project is that which is provided in paragraph (1) rather than the authority which is provided in such section 4703; and (C) the Secretary shall exercise the authorities granted to the Office of Personnel Management under such section 4703 through the Under Secretary of Defense for Research and Engineering (who shall place an emphasis in the exercise of such authorities on enhancing efficient operations of the laboratory and who may, in exercising such authorities, request administrative support from science and technology reinvention laboratories to review, research, and adjudicate personnel demonstration project proposals). (4) The employees of a laboratory covered by a personnel demonstration project carried out under this section shall be exempt from, and may not be counted for the purposes of, any constraint or limitation in a statute or regulation in terms of supervisory ratios or maximum number of employees in any specific category or categories of employment that may otherwise be applicable to the employees. The employees shall be managed by the director of the laboratory subject to the supervision of the Under Secretary of Defense for Research and Engineering. (5) The limitations in section 5373 of title 5 do not apply to the authority of the Secretary under this subsection to prescribe salary schedules and other related benefits. (b) Designation of laboratories Each of the following is hereby designated as a Department of Defense science and technology reinvention laboratory as described in subsection (a): (1) The Air Force Research Laboratory. (2) The Joint Warfare Analysis Center. (3) The Army Research Institute for the Behavioral and Social Sciences. (4) The Combat Capabilities Development Command Armaments Center. (5) The Combat Capabilities Development Command Army Research Laboratory. (6) The Combat Capabilities Development Command Aviation and Missile Center. (7) The Combat Capabilities Development Command Chemical Biological Center. (8) The Combat Capabilities Development Command Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, and Reconnaissance Center. (9) The Combat Capabilities Development Command Ground Vehicle Systems Center. (10) The Combat Capabilities Development Command Soldier Center. (11) The Engineer Research and Development Center. (12) The Medical Research and Development Command. (13) The Technical Center, US Army Space and Missile Defense Command. (14) The Naval Air Systems Command Warfare Centers. (15) The Naval Facilities Engineering Command Engineering and Expeditionary Warfare Center. (16) The Naval Information Warfare Centers, Atlantic and Pacific. (17) The Naval Medical Research Center. (18) The Naval Research Laboratory. (19) The Naval Sea Systems Command Warfare Centers. (20) The Office of Naval Research. (c) Conversion procedures The Secretary of Defense shall implement procedures to convert the civilian personnel of each Department of Defense science and technology reinvention laboratory, as so designated by subsection (b), to the personnel system under an appropriate demonstration project (as referred to in subsection (a)). Any conversion under this subsection— (1) shall not adversely affect any employee with respect to pay or any other term or condition of employment; (2) shall be consistent with section 4703(f) of title 5; (3) shall be completed within 18 months after designation; and (4) shall not apply to prevailing rate employees (as defined by section 5342(a)(2) of title 5) or senior executives (as defined by section 3132(a)(3) of such title). (d) Limitation The science and technology reinvention laboratories, as so designated by subsection (a), may not implement any personnel system, other than a personnel system under an appropriate demonstration project (as referred to subsection (a)), without prior congressional authorization. . (b) Clerical amendment The table of sections at the beginning of chapter 305 of such title, as added by section 1843 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting before the item relating to section 4111 the following new item: 4110. Science and technology reinvention laboratories: authority and designation. . (c) Conforming repeals (1) Section 1105 of the National Defense Authorization Act For Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) is hereby repealed. (2) Section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) is hereby repealed. (d) Conforming amendments (1) Section 1601(f) of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. 2358 note) is amended by striking section 342 of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 108 Stat. 2721) and inserting section 4110(a) of title 10, United States Code . (2) Section 1107 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 10 U.S.C. 2358 note) is amended— (A) by amending subsection (a) to read as follows: (e) Requirement The Secretary of Defense shall take all necessary actions to fully implement and use the authorities provided to the Secretary under subsection (a) of section 4110 of title 10, United States Code, to carry out personnel management demonstration projects at Department of Defense laboratories designated by subsection (b) of such section as Department of Defense science and technology reinvention laboratories. ; (B) in subsection (c), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486) and inserting designated by section 4110(b) of title 10, United States Code ; and (C) in subsection (e)(3), by striking section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (as cited in subsection (a)) and inserting section 4110(a) of title 10, United States Code . (3) Section 1109(c) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting designated under section 4110(b) of title 10, United States Code . (4) Section 2803(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 2358 note) is amended by striking (as designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting (as designated under section 4110(b) of title 10, United States Code) . (5) Section 1108(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 10 U.S.C. 1580 note prec.) is amended by striking section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2486; 10 U.S.C. 2358 note) and inserting section 4110(b) of title 10, United States Code . (6) Section 211(g) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note), as amended and inserting under section 4110(b) of title 10, United States Code . (7) Section 233(a)(2)(A) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking as specified in section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting as designated under section 4110(b) of title 10, United States Code . (8) Section 223(d)(3)(B) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4110(b) of title 10, United States Code . (9) Section 252(e)(1) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2358 note) is amended by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4110(b) of title 10, United States Code . (10) Section 255(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 223a note) is amended by striking (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note)) and inserting (as designated under section 4110(b) of title 10, United States Code) . (11) Section 249 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in subsection (e)(1)— (i) in subparagraph (A), by striking under section 2358a of title 10, United States Code and inserting under section 4110(b) of title 10, United States Code ; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B); and (B) in subsection (g)(1)(B) by striking under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting under section 4111 of title 10, United States Code . (12) Section 2368(h)(3) of title 10, United States Code, as redesignated by section 1844(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by striking designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) and inserting designated under section 4110(b) of this title . (13) Section 4111 of title 10, United States Code, as redesignated by section 1843(b)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (A) in subsection (b), by striking designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2358 note) both places it appears and inserting designated by section 4110(b) of this title ; and (B) in subsection (d)(2), by striking pursuant to section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) both places it appears and inserting pursuant to section 4110(a) of this title . (14) Section 4112(f) of title 10, United States Code, as redesignated by section 1843(b)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), as amended by subsection (e)(1) of this section, is amended by striking by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 ( 10 U.S.C. 2358 note) and inserting by section 4110(b) of this title . (e) Technical corrections (1) Section 1843(b)(2) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) by inserting , 2358c, after Sections 2358a ; and (B) by striking and 4112 and inserting , 4112, and 4113 , respectively. (2) The table of sections at the beginning of chapter 305 of title 10, United States Code, as added by section 1843(a) of such Act, is amended by striking the item relating to section 4112 and inserting the following new items: 4112. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories. 4113. Research and development laboratories: contracts for services of university students. . (f) Effective dates (1) In general Except as provided in paragraph (2), this section and the amendments made by this section shall take effect immediately after title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and the amendments made by such title take effect pursuant to section 1801(d)(1) of such Act. (2) Effective date of certain technical correction Subsection (e)(1) shall take effect on the date of the enactment of this Act. 233. Codification of requirement for Defense Established Program to Stimulate Competitive Research (a) In general Chapter 301 of title 10, United States Code, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after section 4009 the following new section: 4011. Defense Established Program to Stimulate Competitive Research (a) Program required The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a Defense Established Program to Stimulate Competitive Research (DEPSCoR) as part of the university research programs of the Department of Defense. (b) Program objectives The objectives of the program are as follows: (1) To increase the number of university researchers in eligible States capable of performing science and engineering research responsive to the needs of the Department of Defense. (2) To enhance the capabilities of institutions of higher education in eligible States to develop, plan, and execute science and engineering research that is relevant to the mission of the Department of Defense and competitive under the peer-review systems used for awarding Federal research assistance. (3) To increase the probability of long-term growth in the competitively awarded financial assistance that institutions of higher education in eligible States receive from the Federal Government for science and engineering research. (c) Program activities In order to achieve the program objectives, the following activities are authorized under the program: (1) Competitive award of grants for research and instrumentation to support such research. (2) Competitive award of financial assistance for graduate students. (3) To provide assistance to science and engineering researchers at institutions of higher education in eligible States through collaboration between Department of Defense laboratories and such researchers. (4) Any other activities that are determined necessary to further the achievement of the objectives of the program. (d) Eligible States (1) The Under Secretary of Defense for Research and Engineering shall designate which States are eligible States for the purposes of this section. (2) The Under Secretary shall designate a State as an eligible State if, as determined by the Under Secretary— (A) the average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the State for the three fiscal years preceding the fiscal year for which the designation is effective or for the last three fiscal years for which statistics are available is less than the amount determined by multiplying 60 percent times the amount equal to 1⁄50 of the total average annual amount of all Department of Defense obligations for science and engineering research and development that were in effect with institutions of higher education in the United States for such three preceding or last fiscal years, as the case may be; and (B) the State has demonstrated a commitment to developing research bases in the State and to improving science and engineering research and education programs in areas relevant to the mission of the Department of Defense at institutions of higher education in the State. (3) The Under Secretary shall not remove a designation of a State under paragraph (2) because the State exceeds the funding levels specified under subparagraph (A) of such paragraph unless the State has exceeded such funding levels for at least two consecutive years. (e) Coordination with similar federal programs (1) The Secretary may consult with the Director of the National Science Foundation and the Director of the Office of Science and Technology Policy in the planning, development, and execution of the program and may coordinate the program with the Established Program to Stimulate Competitive Research conducted by the National Science Foundation and with similar programs sponsored by other departments and agencies of the Federal Government. (2) All solicitations under the Defense Established Program to Stimulate Competitive Research may be made to, and all awards may be made through, the State committees established for purposes of the Established Program to Stimulate Competitive Research conducted by the National Science Foundation. (3) A State committee referred to in paragraph (2) shall ensure that activities carried out in the State of that committee under the Defense Established Program to Stimulate Competitive Research are relevant to the mission of the Department of Defense and coordinated with the activities carried out in the State under other similar initiatives of the Federal Government to stimulate competitive research. (f) State defined In this section, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands. . (b) Clerical amendment The table of sections at the beginning of chapter 301 of such title, as added by section 1841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item relating to section 4009 the following new item: 4011. Defense Established Program to Stimulate Competitive Research. . (c) Conforming repeals (1) Section 307 of title I of the 1997 Emergency Supplemental Appropriations Act for Recovery from Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia ( Public Law 105–18 ; 10 U.S.C. 2358 note) (2) Section 257 of title II of division A of the National Defense Authorization Act for Fiscal Year 1995 ( Public Law 103–337 ; 10 U.S.C. 2358 note) (d) Effective date This section and the amendments made by this section shall take effect immediately after title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and the amendments made by such title take effect pursuant to section 1801(d)(1) of such Act. 234. Technical correction to pilot program for enhancement of research, development, test, and evaluation centers of Department of Defense Section 233(c)(2)(B) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2358 note) is amended by striking Chief Management Officer and inserting Deputy Secretary of Defense or a designee of the Deputy Secretary . D Plans, reports, and other matters 241. Study on efficient use of Department of Defense test and evaluation organizations, facilities, and laboratories (a) Study required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct the Defense Science Board to carry out a study on the resources and capabilities of the Department of Defense test and evaluation (T&E) organizations, facilities, and laboratories. (2) Participation Participants in the study shall include the following: (A) Such members of the Board as the Chairman of the Board considers appropriate for the study. (B) Such additional temporary members or contracted support as the Secretary— (i) selects from those recommended by the Chairman for purposes of the study; and (ii) considers to have significant technical, policy, or military expertise relevant to defense test and evaluation missions. (3) Elements The study conducted pursuant to paragraph (1) shall include the following: (A) Assessment of the effectiveness of current developmental testing (DT), operational testing (OT), and integrated testing (IT) within the Department of Defense in meeting statutory objectives and the test and evaluation requirements of the Adaptive Acquisition Framework. (B) Identification of industry and government best practices for conducting developmental testing, operational testing, and integrated testing. (C) Potential applicability of industry and government best practices for conducting developmental testing, operational testing, and integrated testing within the Department to improve test and evaluation outcomes. (D) Identification of duplication of efforts and other non- or low-value added activities that reduce speed and effectiveness of test and evaluation activities. (E) Assessment of test and evaluation oversight organizations within the Office of the Secretary of Defense, including their authorities, responsibilities, activities, resources, and effectiveness, including with respect to acquisition programs of the military services and Defense Agencies. (F) Development and assessment of potential courses of action to improve the effectiveness of oversight of developmental testing, operational testing, and integrated testing activities, and test and evaluation resources within the Office of the Secretary of Defense, including as one such course of action establishing a single integrated office with such responsibilities. (G) Development of such recommendations as the Board may have for legislative changes, authorities, organizational realignments, and administrative actions to improve test and evaluation oversight and capabilities, and facilitate better test and evaluation outcomes. (H) Such other matters as the Secretary considers appropriate. (4) Access to information The Secretary shall provide the Board with timely access to appropriate information, data, resources, and analysis so that the Board may conduct a thorough and independent analysis as required under this subsection. (5) Report (A) Not later than one year after the date on which the Secretary directs the Board to conduct the study pursuant to paragraph (1), or December 1, 2022, whichever occurs earlier, the Board shall transmit to the Secretary a final report on the study. (B) Not later than 30 days after the date on which the Secretary receives the final report under subparagraph (A), or December 31, 2022, whichever occurs earlier, the Secretary shall submit to the congressional defense committees such report and such comments as the Secretary considers appropriate. (b) Briefing required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the schedule and plan to execute activities under this section. 242. Analysis of potential modifications to Department of Defense unmanned aerial systems categorization (a) Analysis required The Under Secretary of Defense for Acquisition and Sustainment shall conduct an analysis to determine whether modifications should be made in the Department of Defense grouping of unmanned aerial systems (UAS) into five broad categories. (b) Considerations In assessing under subsection (a) whether to make modifications to any of the five existing unmanned aerial systems groups, or expand the number of groups, the Under Secretary shall consider— (1) constraints the current categorization places on the ability to achieve future capability to support current and emerging warfighting concepts; (2) barriers arising from differences between the current categorization and the systems and technologies available in the commercial marketplace; and (3) effects of different category definitions on schedules for fielding of new unmanned aerial systems technologies. (c) Consultation In carrying out subsection (a), the Under Secretary shall consult with— (1) the Secretaries of the military departments; (2) the Chairman of the Joint Chiefs of Staff; and (3) the Secretary of State. (d) Report Not later than March 1, 2022, the Under Secretary shall submit to the congressional defense committees a report detailing the costs and benefits of potential modifications to the existing unmanned aerial systems categorization analyzed pursuant to subsection (a), and a notional schedule for implementation modifications the Under Secretary would recommend based on the findings of the Under Secretary with respect to such analysis. 243. Digital development infrastructure plan and working group (a) Plan required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, acting through the working group established under subsection (c)(1), develop a plan for the creation of a modern digital development infrastructure that supports state of the art tools and modern processes to enable development, testing, fielding, and continuous update of artificial intelligence-powered applications at speed and scale from headquarters to the tactical edge. (b) Contents of plan At a minimum, the plan required by subsection (a) shall include the following: (1) An open architecture, an evolving reference design, and guidance for necessary technical investments in the digital development infrastructure described in subsection (a) that address issues, including issues relating to common interfaces, authentication, applications, platforms, software, hardware, and data infrastructure. (2) A governance structure, together with associated policies and guidance, to drive the implementation of the reference design required by paragraph (1) throughout the Department on a federated basis. (3) Identification and minimum viable instantiations of prototypical development and platform environments with the digital development infrastructure, including enterprise data sets assembled under subsection (d). (c) Working group (1) Establishment Not later than 60 days after the date of the enactment of this Act, the Secretary shall establish a working group on digital development infrastructure implementation to accelerate efforts aligned with the plan required by subsection (a). (2) Membership The working group established under paragraph (1) shall be composed of individuals selected by the Secretary to represent each of the following: (A) The Office of Chief Data Officer (CDO). (B) The Component Offices of Chief Information Officer and Chief Digital Officer. (C) The Joint Artificial Intelligence Center (JAIC). (D) The Office of the Under Secretary of Defense for Research & Engineering (OUSD (R&E)). (E) The Office of the Under Secretary of Defense for Acquisition & Sustainment (OUSD (A&S)). (F) The Office of the Under Secretary of Defense for Intelligence & Security (OUSD (I&S)). (G) Service Acquisition Executives. (H) The Office of the Director of Operational Test and Evaluation (DOT&E). (I) The office of the Director of the Defense Advanced Research Projects Agency (DARPA). (J) Digital development infrastructure programs, including the appropriate activities of the military services and defense agencies. (K) Such other officials of the Department of Defense as the Chief Information Officer of the Department of Defense determines appropriate. (3) Chairperson The chairperson of the working group established under paragraph (1) shall be the Chief Information Officer of the Department, or such other official as the Secretary of Defense considers appropriate. (4) Consultation The working group shall consult with such experts outside of the Department as the working group considers necessary. (5) Responsibilities The working group established under paragraph (1) shall be develop the plan required by subsection (a). (d) Strategic data node (1) In general In addition to other duties pursuant to his or her role in the working group outlined in paragraph (c), the Secretary of Defense shall assemble enterprise data sets in the following areas: (A) Human resources. (B) Budget and finance. (C) Acquisition. (D) Logistics. (E) Real estate. (F) Health care. (G) Such other areas as the Secretary considers appropriate. (2) Requirement The Secretary shall assemble the enterprise data sets required by paragraph (1) as a linked, cloud-based data repository adherent to data service interfaces defined in the open architecture required under subsection (b)(1). (3) Support In carrying out this subsection, the Secretary shall support the use of artificial intelligence-enabled applications for social science analysis, business analytics, and senior leader decision support. (e) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on— (1) the status of the plan required by subsection (a); and (2) the progress in carrying out subsection (d). (f) Definitions In this section: (1) The term digital development infrastructure means a federated, enterprise technology infrastructure that enables the following: (A) Access to commercial cloud technologies and services for scalable computing. (B) Sharing of data, software, and capabilities through well-documented and hardened application programming interfaces with proper access controls. (C) Giving all Department of Defense developers, scientists, and other appropriate personnel access and resources they need to drive new digital capabilities. (2) The term digital development infrastructure programs means the collection of managed services for platforms, cloud infrastructure, and software development that have developed across the Department. 244. Optionally Manned Fighting Vehicle requirements analysis (a) Report required (1) In general The Secretary of the Army shall submit to the congressional defense committees a report of analysis supporting the determination of requirements or characteristics for the Optionally Manned Fighting Vehicle (OMFV) refined through the concept designs and detailed designs phases of the acquisition strategy. (2) Elements required The report required by paragraph (1) shall include the following: (A) A detailed description of the Optionally Manned Fighting Vehicle requirements or characteristics to be utilized for the physical prototyping phase of the program. (B) A description of the analysis conducted to finalize the requirements or characteristics to be utilized for physical prototyping of the Optionally Manned Fighting Vehicle. (C) A description of Optionally Manned Fighting Vehicle-equipped organizational designs analyzed through the concept design or detailed design phases. (D) A detailed description of the analysis conducted, trade-offs considered, and conclusions drawn with respect to the organizational design, survivability, mobility, payload, and combat effectiveness in execution of the critical operational tasks required of fighting-vehicle-equipped infantry within an armor brigade combat teams. (E) A comparison of the combat effectiveness and survivability of Optionally Manned Fighting Vehicle-equipped and Bradley Fighting Vehicle-equipped formations. (b) Briefing required The Secretary of the Army shall provide a briefing to the congressional defense committees on the elements of the report required under subsection (a) 30 days prior to its submission to the congressional defense committees. (c) Limitation The Secretary of the Army shall not enter into contract for the development of physical prototypes of the Optionally Manned Fighting Vehicle or otherwise named next-generation infantry fighting vehicle until 30 days after the Secretary submits to the congressional defense committees the report required under subsection (a). 245. Making permanent requirement for annual report by Director of Operational Test and Evaluation Section 139(h)(2) of title 10, United States Code, is amended by striking , through January 31, 2026 . III Operation and maintenance A Authorization of appropriations 301. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301. B Energy and environment 311. Expansion of purposes of Sentinel Landscapes Partnership program to include resilience (a) In general Section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note) is amended— (1) in subsection (a), in the first sentence, by inserting and restore after to preserve ; (2) in subsection (c)— (A) by striking The Secretaries and inserting the following: (1) In general The Secretaries ; (B) in paragraph (1), as designated by subparagraph (A)— (i) by inserting resilience, after benefit of conservation, ; and (ii) by inserting , resilience, after land management ; and (C) by adding at the end the following new paragraph: (2) Inclusion of information in report The Secretary of Defense shall include information concerning the activities undertaken pursuant to the Sentinel Landscapes Partnership in the annual report to Congress submitted under section 2684a(g) of title 10, United States Code. ; (3) in subsection (d), in the second sentence, by inserting by an eligible landowner or agricultural producer after Participation ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) Participation by other agencies Other Federal agencies with programs addressing conservation or resilience may, and are encouraged to— (1) participate in the activities of the Sentinel Landscape Partnership; and (2) become full partners in the Sentinel Landscape Partnership. ; and (6) in subsection (f), as redesignated by paragraph (4), by adding at the end the following new paragraph: (4) Resilience The term resilience means the capability to avoid, prepare for, minimize the effect of, adapt to, and recover from extreme weather events, flooding, wildfire, or other anticipated or unanticipated changes in environmental conditions. . (b) Conservation and cultural activities Section 2694 of title 10, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting or involves a sentinel landscape before the semicolon; and (ii) in subparagraph (B), by inserting or that would contribute to maintaining or improving military installation resilience before the semicolon; and (B) in paragraph (2)— (i) in subparagraph (A), by inserting or nature-based climate resilience plans before the semicolon; and (ii) in subparagraph (F)— (I) in clause (i)— (aa) by striking single ecosystem that encompasses and inserting “single ecosystem— (I) that encompasses ; (bb) by redesignating clause (ii) as subclause (II) and moving such subclause, as so redesignated, two ems to the right; and (cc) in subclause (II), as redesignated by item (bb), by striking the period at the end and inserting ; or ; and (II) by adding at the end the following new clause (ii): (ii) for one or more ecosystems within a sentinel landscape. ; and (2) by adding at the end the following new subsection: (e) Sentinel landscape defined In this section, the term sentinel landscape has the meaning given that term in section 317(e) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2684a note). . 312. Maintenance of current analytical tools in evaluating energy resilience measures (a) In general Section 2911 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Assessment of life-cycle costs and performance of potential energy resilience projects (1) Subject to the availability of appropriations, the Secretary of Defense shall develop and institute a process to ensure that the Department of Defense, when evaluating energy resilience measures, uses analytical tools that are accurate and effective in projecting the costs and performance of such measures. (2) Analytical tools used under paragraph (1) shall be— (A) designed to— (i) provide an accurate projection of the costs and performance of the energy resilience measure being analyzed; (ii) be used without specialized training; and (iii) produce resulting data that is understandable and usable by the typical source selection official; (B) consistent with standards and analytical tools commonly applied by the Department of Energy and by commercial industry; (C) adaptable to accommodate a rapidly changing technological environment; (D) peer reviewed for quality and precision and measured against the highest level of development for such tools; and (E) periodically reviewed and updated, but not less frequently than once every three years. . (b) Reporting requirement If amounts are appropriated to carry out the requirements under subsection (i) of section 2911 of title 10, United States Code, as added by subsection (a), not later than September 30, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the execution by the Secretary of such requirements. 313. Military Aviation and Installation Assurance Clearinghouse matters (a) Strategy to test and integrate wind turbine interference mitigation strategies The Secretary of Defense and the Secretary of the Air Force, in coordination with the Commander of United States Northern Command and the Commander of North American Aerospace Defense Command, shall develop a strategy to test and integrate wind turbine interference mitigation technologies into radars and the air surveillance command and control architecture of the Department of Defense. (b) Modification of Clearinghouse requirements Section 183a(c) of title 10, United States Code, is amended— (1) in paragraph (2), by adding at the end the following new subparagraph: (C) A notice of presumed risk issued under subparagraph (A) is a preliminary assessment only and does not represent a formal objection pursuant to subsection (e). Discussions of possible mitigation actions under such subparagraph could favorably resolve any concerns identified in the notice of presumed risk. ; and (2) by adding at the end the following new paragraph: (8) If, in reviewing an application for an energy project pursuant to paragraph (1), the Clearinghouse finds no obstruction, interference, or adverse impact under section 44718(b)(1) of title 49, the Clearinghouse shall communicate to the Secretary of Transportation in writing, not later than five business days after making such finding, the following: No Part 77 concerns, national security review ongoing. . . 314. Exemption from prohibition on use of open-air burn pits in contingency operations outside the United States Section 317(a) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 10 U.S.C. 2701 note) is amended by adding at the end the following new paragraph: (3) Exemption (A) In general The Secretary of Defense may exempt a location from the prohibition under paragraph (1) if the Secretary determines it is in the paramount interest of the United States to do so. (B) Nondelegation The Secretary may not delegate the authority under subparagraph (A). . 315. Demonstration program on domestic production of rare earth elements from coal byproducts (a) Demonstration program required Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence carrying out a demonstration program on recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts. (b) Partnership The Secretary shall carry out the demonstration program required by subsection (b) by entering into a partnership with one or more institutions of higher education that can demonstrate techniques for recovering rare earth elements and critical minerals from acid mine drainage and other coal byproducts, as the Secretary considers applicable. (c) Elements The demonstration program required by subsection (a) shall address the following: (1) The efficacy of separating rare earth elements and critical minerals from acid mine drainage. (2) The feasibility of bringing this technology to commercialized scale. (3) Domestic locations that are appropriate for the deployment of this technology. (4) The ability of this technology to meet the requirements of the defense industrial base to supplement the rare earth element and critical mineral needs of the Department of Defense. (d) Duration The demonstration program established under subsection (a) shall be carried out during the one-year period beginning on the date of the commencement of the demonstration program. (e) Authorization of appropriations There is authorized to be appropriated to carry out the demonstration program required by subsection (a) $3,000,000. (f) Briefing Not later than 120 days after the completion of the demonstration program required by subsection (a), the Secretary and the program manager of the institute of higher education with whom the Secretary partners under subsection (b) shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the elements of the demonstration program set forth under subsection (c). 316. Authority to transfer amounts derived from energy cost savings Section 2912 of title 10, United States Code, is amended by adding at the end the following new subsection: (e) Transfer of amounts (1) The Secretary of Defense may transfer amounts described in subsection (a) that remain available for obligation to other funding accounts of the Department of Defense if the purpose for which such amounts will be used is a purpose specified in subsection (b) or (c). (2) Amounts transferred to a funding account of the Department under paragraph (1) shall be available for obligation for the same period as amounts in that account. . 317. Sense of Senate on energy independence and diversification It is the sense of the Senate that the United States should— (1) remain energy independent to enhance national security; and (2) adopt an all-of-the-above energy strategy to diversify and mitigate the risk of becoming energy and materially dependent on vulnerable sources of energy and energy technology that may constrain the operations of the Armed Forces of the United States. C National Security Climate Resilience 331. Short title This subtitle may be cited as the National Security Climate Resilience Act . 332. Definitions In this subtitle: (1) Climate resilience The term climate resilience has the meaning given the term energy and climate resiliency in section 2864(f)(3) of title 10, United States Code. (2) Climate security The term climate security means the effects of extreme weather on the following: (A) The national security of the United States, including national security infrastructure. (B) Subnational, national, and regional political stability. (C) The security of allies and partners of the United States. (D) Ongoing or potential political violence, including unrest, rioting, guerrilla warfare, insurgency, terrorism, rebellion, revolution, civil war, and interstate war. (3) Extreme weather The term extreme weather means recurrent flooding, drought, desertification, wildfires, thawing permafrost, or any other weather-related events that present a recurring annual threat to facilities and other infrastructure of the Department of Defense or are likely to recur over a period of five to eight years. 333. Climate resilience in planning, engagement strategies, infrastructure, and force development of Department of Defense (a) Climate challenges and climate resilience in key processes of Department of Defense The Secretary of Defense shall direct that the acquisition, budget planning and execution, infrastructure planning and sustainment, force development, engagement strategy development, security assistance, and other core processes of the Department of Defense fully consider and make needed adjustments to account for current and emerging climate and environmental challenges and to ensure the climate resilience of assets and capabilities of the Department. (b) Climate resilience mission impact assessment (1) In general The Secretary shall conduct a mission impact assessment on climate resilience for the Department in order to identify and assess the full spectrum of climate risks that currently or could impact the mission of the Department and the degree to which the Department is resilient to such risks. (2) Elements The assessment conducted under paragraph (1) shall include the following: (A) An assessment of the impact of the latest climate science scenarios, as indicated in the National Climate Assessment, on readiness, training, testing, and operations for near-term operations and long-term, worst-case scenario climate projections for the Department. (B) A comprehensive review, conducted pursuant to section 153 of title 10, United States Code, by the Chairman of the Joint Chiefs of Staff (in coordination with the Secretaries of the military departments and the heads of the Defense Agencies), to determine— (i) security risks posed by extreme weather to operational and theater security plans and engagement with allies and partners of the United States; and (ii) the extent to which the program recommendations and budget proposals of the military departments and other components of the Department for each fiscal year fully account for the impacts of extreme weather and climate resilience requirements. (C) An assessment of the direct impacts of extreme weather on the deployment and operations of the Armed Forces, and the manner in which extreme weather will impact the requirements of the commanders of the combatant commands in their areas of responsibility, including— (i) assessment of the evolving posture of peer competitors and impacts to deployment and operations of peer competitors due to extreme weather; (ii) assessment of the impacts of expanding requirements for humanitarian assistance and disaster response due to extreme weather; (iii) assessment of the impacts on the political, military, and social stability of countries and regions of national security concern that lack suitable infrastructure and resources or, due to geographic location, may not successfully adapt to extreme weather and may suffer disproportionately compared to other countries and regions of national security concern; (iv) assessment of risks to home station strategic and operational support area readiness, including the strategic highway network, the strategic rail network, and strategic air and sea ports; (v) identification of the current climate resilience status, plans, goals, and objectives of military installations and State-owned National Guard installations in light of current and projected vulnerabilities of such installations to the impacts of extreme weather; and (vi) development of measures to improve the preparedness and resilience of military installations and State-owned National Guard installations to extreme weather, while simultaneously developing standards for data collection to assist decision-making processes for research, development, and acquisition priorities for installation and infrastructure resilience to extreme weather. (D) A long-term strategic plan, including war games and exercises, centered on climate-driven crises, and a long-term assessment of climate security by the Office of Net Assessment of the Department. (E) A review outlining near-term and long-term needs for research, development, and deployment for equipment and other measures required to assure the resilience of the assets and capabilities of the Department and each component thereof, and of key elements of the defense industrial base and supporting transportation networks, to the impacts of extreme weather. (c) Reports (1) In general Not later than one year after the date of the enactment of this Act, and every five years thereafter, the Chairman of the Joint Chiefs of Staff shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the broader strategic and operational impacts of extreme weather on the Department, measures to address such impacts, and progress in implementing new technologies and platforms, training and education methods, and data collection and dissemination for each military department to meet its mission requirements. (2) Research, development, and deployment needs Each report required by paragraph (1) shall identify research, development, and deployment needs for each combatant command and functional command. 334. Climate Resilience Infrastructure Initiative of the Department of Defense (a) Designation The programs, practices, and activities carried out pursuant to this section shall be known collectively as the Climate Resilience Infrastructure Initiative of the Department of Defense . (b) Conformance of facilities and infrastructure to climate resilience requirements (1) In general The Secretary of Defense, in coordination with the Secretaries of the military departments, the Chief of the National Guard Bureau, the Director of the Defense Advanced Research Projects Agency, the directors of other Defense Agencies, and the head of the Strategic Environmental Research and Development Program, shall ensure that all facilities and infrastructure of the Department of Defense meet applicable standards and requirements of the Unified Facilities Criteria of the Department on climate resilience. (2) Standards and requirements The Secretary shall provide for the ongoing review and update of the standards and requirements referred to in paragraph (1) to ensure that such standards and requirements incorporate lessons learned on the potential impacts of extreme weather on the facilities and infrastructure of the Department. (c) Building codes and standards In carrying out subsection (b), the Secretary shall ensure that the building codes and standards applicable to structures of the Department are updated on an ongoing basis to incorporate best practices on climate resilience in the specific regions in which the structures concerned are located, including with respect to worst case scenarios in connection with the impacts of extreme weather. (d) Hardening and quick recovery In carrying out subsection (b), the Secretary shall ensure that the Department develops requirements for backup utilities, communications, and transportation to ensure that the critical infrastructure of Department facilities is hardened, developed, and constructed for recovering quickly from natural disasters and the impacts of extreme weather. (e) Sustainment and modernization In carrying out subsection (b) the Secretary shall develop sustainment and modernization requirements for facilities of the Department in connection with climate resilience. (f) Collaboration in planning with local communities The Secretary shall develop, within existing frameworks for collaborative activities between military installations and State and local communities, and in addition to the requirements of section 2864(c) of title 10, United States Code, a framework that permits and directs installation commanders to engage with State, regional, and local agencies, and with local communities, on planning for climate resilience in order to enhance efficient response to impacts of extreme weather and to secure collaborative investment in infrastructure that is resilient to the current and projected impacts of extreme weather. (g) Testing and training range lands (1) Practices for sustainment of lands The Secretary shall develop and implement practices to sustain the lands of the military testing and training ranges of the Department, and the lands of testing and training ranges on State-owned National Guard installations, through the adaptation and resilience of such lands to the current and projected impacts of extreme weather to ensure the ongoing availability of such lands to military personnel, weapon systems, and equipment for testing and training purposes. (2) Training and education on sustainment of lands The Secretary shall develop a program of training and education for regular and reserve members of the Armed Forces (including members of the National Guard) on the importance of the sustainment of the lands of the military testing and training ranges as described in paragraph (1). (3) Investment in resilience of lands The Secretary shall provide for appropriate investments in the lands of the military testing and training ranges in order to increase the resilience and adaptation of such lands to the current and projected impacts of extreme weather for testing and training purposes in connection with current and projected testing and training requirements in the short-term and the long-term. (h) Use of emission-free technologies The Secretary shall take appropriate actions to increase the use of emission-free and net-zero-emission energy technologies in the operations, programs, projects, and activities of the Department. 335. Assessment of climate risks to infrastructure of Department of Defense (a) In general The Secretary of Defense shall direct the Secretary of each military department— (1) to assess the vulnerability of installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, to the current and projected impacts of extreme weather, using vulnerability and risk assessment tools chosen or developed pursuant to section 326 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1310); (2) to assess the infrastructure required for successful operation of such installations and facilities in response to any such vulnerabilities, and to assure military installation resilience of such installations and facilities; and (3) to develop installation-specific plans pursuant to section 2864(c) of title 10, United States Code, and similar plans for State-owned National Guard installations, to address such vulnerabilities. (b) Ranking of facilities In carrying out subsection (a), the Secretary of each military department shall rank the needs of the military installations and other facilities under the jurisdiction of such Secretary, and of State-owned National Guard installations, based on level of risks posed by the current and projected impacts of extreme weather, the likelihood of such risks, and the importance of such installations and facilities in maintaining overall readiness and operational capability. (c) Military installation resilience defined In this section, the term military installation resilience has the meaning given that term in section 101(e)(8) of title 10, United States Code. D Treatment of perfluoroalkyl substances and polyfluoroalkyl substances 351. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances (a) In general Chapter 160 of title 10, United States Code, is amended— (1) by inserting before section 2700 the following: I Environmental restoration ; (2) in section 2700, in the matter preceding paragraph (1), by striking this chapter and inserting this subchapter ; (3) in section 2701(c)(1), in the matter preceding subparagraph (A), by striking this chapter and inserting this subchapter ; (4) in section 2703— (A) in subsection (c)(1), by striking this chapter and inserting this subchapter ; and (B) in subsection (d), by striking this chapter and inserting this subchapter ; (5) in section 2707— (A) in subsection (a), by striking this chapter and inserting this subchapter ; and (B) in subsection (e), by striking this chapter and inserting this subchapter ; and (6) by adding at the end the following new subchapter: II Treatment of perfluoroalkyl substances and polyfluoroalkyl substances 2713. Definitions In this subchapter: (1) The term military installation has the meaning given such term in section 2801(c)(4) of this title. (2) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force (a) In general The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ). (b) Membership The members of the PFAS Task Force are the following: (1) The Assistant Secretary of Defense for Energy, Installations, and Environment. (2) The Assistant Secretary of the Army for Installations, Energy, and Environment. (3) The Assistant Secretary of the Navy for Energy, Installations, and Environment. (4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy. (5) The Assistant Secretary of Defense for Health Affairs. (c) Chairman The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force. (d) Support The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. (e) Duties The duties of the PFAS Task Force are the following: (1) Monitor the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. (2) Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances. (3) Coordination within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. (4) Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. (f) Report Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard (a) In general Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Determination of contamination Testing conducted under subsection (a) at a military installation or facility of the National Guard shall determine— (1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and (2) whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. (c) Additional response actions Testing conducted under subsection (a) shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. (d) Type of testing When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection (a) or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (e) Report (1) For each of fiscal years 2022 through 2024, the Secretary shall submit to Congress a report on the status of the testing conducted under subsection (a) during such year. (2) Each report submitted under paragraph (1) shall identify, with respect to testing conducted under subsection (a)— (A) each installation or facility where testing has been completed; (B) each installation or facility where testing has not yet been completed; (C) the projected completion date for testing at installations or facilities where testing has not yet been completed; (D) the results of testing at installations or facilities where testing has been completed; and (E) the actions planned, and the projected timelines for such actions, for each installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance. (3) Each report submitted under paragraph (1) shall be provided to Congress not later than January 1st of the fiscal year immediately following the fiscal year covered by the report. (4) The Secretary may delegate the responsibility for preparing the reports required by paragraph (1) only to the Deputy Secretary of Defense. . (b) Clerical amendment The table of sections for chapter 160 of such title is amended— (1) by inserting after the item relating to chapter 160 the following new item: SUBCHAPTER I—Environmental restoration ; and (2) by adding at the end the following: SUBCHAPTER II—Treatment of perfluoroalkyl substances and polyfluoroalkyl substances Sec. 2713. Definitions. 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard. . 352. Public disclosure of testing and results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances and additional requirements for testing (a) Public disclosure of PFAS testing results Not later than 10 days after receipt of validated testing results, the Secretary of Defense shall publicly disclose the validated results of any testing for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS ) conducted on or at areas surrounding military installations of the Department of Defense in the United States or facilities of the National Guard, as authorized under section 2707(e) of title 10, United States Code, including— (1) the results of all such testing conducted by the Department; and (2) the results of all such testing conducted by a non-Department entity (including any Federal agency or any public or private entity) under contract by or pursuant to an agreement with the Department. (b) Public disclosure of planned PFAS testing Not later than 60 days after the date of the enactment of the Act, and every 90 days thereafter, the Secretary of Defense shall disclose the expected timing and general location of any planned testing for perfluoroalkyl or polyfluoroalkyl substances conducted on or at areas surrounding military installations of the Department of Defense in the United States or facilities of the National Guard, as authorized under section 2707(e) of title 10, United States Code, including— (1) all such testing to be conducted by the Department; and (2) all such testing to be conducted by a non-Department entity (including any Federal agency and any public or private entity) under contract by or pursuant to an agreement with the Department. (c) Nature of disclosure The Secretary of Defense may satisfy the disclosure requirements under subsections (a) and (b) by publishing the information, datasets, and results relating to the testing described in such subsections— (1) on the publicly available website established under section 331(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2701 note); (2) on another publicly available website of the Department of Defense; or (3) in the Federal Register. (d) Requirements of information To be disclosed The information required to be disclosed by the Secretary of Defense under subsections (a) and (b) and published under subsection (c)— (1) shall constitute a record for the purposes of chapters 21, 29, 31, and 33 of title 44, United States Code; (2) shall include any underlying datasets or additional information of interest to the public, as determined by the Secretary; and (3) may exclude information as authorized by law. (e) Local notification Prior to conducting any testing for perfluoroalkyl or polyfluoroalkyl substances, including any testing not previously planned and reported, the Secretary of Defense shall provide notice to— (1) the managers of the public water system serving the areas located immediately adjacent to the military installation where such testing is to occur; (2) the municipal government serving the areas located immediately adjacent to the military installation where such testing is to occur; and (3) all members of the Restoration Advisory Board for the military installation where such testing is to occur, as applicable. (f) Type of testing When testing for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall test for all perfluoroalkyl or polyfluoroalkyl substances included in that method of measuring the amount of such substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. (g) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (2) The term perfluoroalkyl or polyfluoroalkyl substance means any man-made chemical with at least one fully fluorinated carbon atom. (3) The term public water system has the meaning given such term under section 1401(4) of the Safe Drinking Water Act ( 42 U.S.C. 300f(4) ). 353. Extension of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1713), section 321 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1307), and section 337 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2019, 2020, and 2021 and inserting fiscal years 2019 through 2023 . 354. Report on remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain military installations (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following locations: (1) England Air Force Base, Louisiana. (2) Naval Air Weapons Station China Lake, California. (3) Patrick Air Force Base, Florida. (4) Myrtle Beach Air Force Base, South Carolina. (5) Langley Air Force Base, Virginia. (6) Naval Air Station Jacksonville, Florida. (7) Niagara Falls Air Reserve Station, New York. (8) Grand Prairie Armed Forces Reserve Complex, Texas. (9) Altus Air Force Base, Oklahoma. (10) Charleston Air Force Base, South Carolina. (11) Barksdale Air Force Base, Louisiana. (12) Plattsburgh Air Force Base, New York. (13) Tyndall Air Force Base, Florida. (14) Sheppard Air Force Base, Texas. (15) Columbus Air Force Base, Mississippi. (16) Chanute Air Force Base, Illinois. (17) Marine Corps Air Station Tustin, California. (18) Travis Air Force Base, California. (19) Ellsworth Air Force Base, South Dakota. (20) Minot Air Force Base, North Dakota. (21) Westover Air Reserve Base, Massachusetts. (22) Eaker Air Force Base, Arkansas. (23) Naval Air Station Alameda, California. (24) Eielson Air Force Base, Alaska. (25) Horsham Air Guard Station, Pennsylvania. (26) Vance Air Force Base, Oklahoma. (27) Dover Air Force Base, Delaware. (28) Edwards Air Force Base, California. (29) Robins Air Force Base, Georgia. (30) Joint Base McGuire–Dix–Lakehurst, New Jersey. (31) Galena Air Force Base, Alaska. (32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. (33) Buckley Air Force Base, Colorado. (34) Arnold Air Force Base, Tennessee. (35) Tinker Air Force Base, Oklahoma. (36) Fairchild Air Force Base, Washington. (37) Vandenberg Air Force Base, California. (38) Hancock Field Air National Guard Base, New York. (39) F.E. Warren Air Force Base, Wyoming. (40) Nevada Air National Guard Base, Nevada. (41) K.I. Sawyer Air Force Base, Michigan. (42) Pease Air Force Base, New Hampshire. (43) Whiteman Air Force Base, Missouri. (44) Wurtsmith Air Force Base, Michigan. (45) Shepherd Field Air National Guard Base, West Virginia. (46) Naval Air Station Whidbey Island–Ault Field, Washington. (47) Rosecrans Air National Guard Base, Missouri. (48) Joint Base Andrews, Maryland. (49) Iowa Air National Guard Base, Iowa. (50) Stewart Air National Guard Base, New York. (b) Definitions In this section: (1) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. 355. Report on schedule for completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing a proposed schedule for the completion of remediation of perfluoroalkyl substances and polyfluoroalkyl substances, and the associated cost estimates to perform such remediation, at military installations, facilities of the National Guard, and formerly used defense sites in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances. (b) Definitions In this section: (1) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (2) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. E Other matters 371. Extension of temporary authority to extend contracts and leases under the ARMS Initiative Section 343 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 10 U.S.C. 7554 note) is amended by striking the date that is five years after the date of the enactment of this Act and inserting November 25, 2025, . 372. Incident reporting requirements for Department of Defense regarding lost or stolen weapons (a) In general For each of fiscal years 2022, 2023, and 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on security, control, thefts, losses, and recoveries of sensitive conventional arms, ammunition, and explosives (commonly referred to as AA&E ) of the Department of Defense during such year, including the following: (1) M–16 or M4s. (2) Light automatic weapons up to and including M249, M2, and 40mm MK19 machine guns. (3) Functional launch tube with umbilical squib installed and grip stock for the Stinger missile. (4) Launch tube, sight assembly, and grip stock for missiles. (5) Tracker for the Dragon missile. (6) Mortar tubes up to and including 81mm. (7) Grenade launchers. (8) Rocket and missile launchers with an unpacked weight of 100 pounds or less. (9) Flame throwers. (10) The launcher, missile guidance se, or the optical sight for the TOW and the Javelin Command Launch Unit. (11) Single shot and semi-automatic (non-automatic) shoulder-fired weapons such as shotguns and bolt action rifles and weapons barrels. (12) Handguns. (13) Recoil-less rifles up to and including 106mm. (14) Man-portable missiles and rockets in a ready-to-fire configuration or when jointly stored or transported with the launcher tube or grip-stock and the explosive round. (15) Stinger missiles. (16) Dragon, Javelin, light antitank weapon (66mm), shoulder-launched multi-purpose assault weapon rocket (83mm), M136 (AT4) anti-armor launcher and cartridge (84mm). (17) Missiles and rockets that are crew-served or require platform-mounted launchers and other equipment to function include HYDRA–70 rockets and tube-launched optically wire guided (TOW) missiles. (18) Missiles and rockets that require platform-mounted launchers and complex hardware equipment to function including the HELLFIRE missile. (19) Explosive rounds of any missile or rocket listed in paragraphs (1) through (18). (20) Hand or rifle grenades (high-explosive and white phosphorous). (21) Antitank or antipersonnel mines. (22) Explosives used in demolition operations, C–4, military dynamite, and trinitrotoluene (TNT). (23) Warheads for sensitive missiles and rockets weighing less than 50 pounds each. (24) Ammunition that is .50 caliber or larger with explosive-filled projectile. (25) Incendiary grenades and fuses for high-explosive grenades. (26) Blasting caps. (27) Supplementary charges. (28) Bulk explosives. (29) Detonating cord. (30) Riot control agents. (b) Immediate reporting of confirmed thefts, losses, and recoveries Not later than 72 hours after a confirmed theft, loss, or recovery of a sensitive conventional arm, ammunition, or explosive covered by the report required by subsection (a), the Secretary shall report such theft, loss, or recovery to the National Crime Information Center and local law enforcement. 373. Repeal of sunset for naval vessel examination report Section 8674(d) of title 10, United States Code, is amended by striking paragraph (3). 374. Report on ammunition organic industrial base modernization by Department of the Army (a) In general Not later than March 15, 2022, the Secretary of the Army shall submit to the congressional defense committees a report on— (1) a modernization master plan for the optimal placement and creation of efficiencies in facilities and major equipment to support mission requirements at ammunition organic industrial base production facilities under the jurisdiction of the Secretary of the Army; and (2) an investment strategy to address the facilities, major equipment, and infrastructure requirements at each such production facility in order to support the readiness and material availability goals of current and future weapons systems of the Department of Defense. (b) Elements The report required by subsection (a) shall include the following elements: (1) A review of current and projected workload requirements for the manufacturing of energetic materials, including propellants, explosives, pyrotechnics, and the ingredients for propellants, explosives, and pyrotechnics, to assess efficiencies in the use of existing facilities, including consideration of new weapons characteristics and requirements, obsolescence of facilities, siting of facilities and equipment, and various constrained process flows. (2) An analysis of life-cycle costs to repair and modernize existing mission-essential facilities versus the cost to consolidate functions into modern, right-sized facilities at each location to meet current and programmed future mission requirements. (3) A review of the progress made in prioritizing and funding projects that facilitate process efficiencies and consolidate and contribute to availability cost and schedule reductions. (4) An accounting of the backlog of restoration and modernization projects at each arsenal of the Department of the Army. (5) A master plan for each arsenal of the Department of the Army that incorporates the results of a review of— (A) industrial processes, logistics streams, and workload distribution required to support production objectives; and (B) the facilities requirements to support optimized processes. (6) An updated investment strategy planned for each arsenal of the Department of the Army, including— (A) a timeline to complete the master plan for such strategy; (B) a list of projects and a brief scope of work for each such project; and (C) cost estimates necessary to complete projects for mission essential facilities. (c) Annual report As part of the annual budget submission by the President under section 1105(a) of title 31, United States Code, for fiscal years 2023 through 2027, the Secretary of the Army shall submit to the congressional defense committees a report describing the progress made in establishing the master plan under subsection (b)(5) and implementing the investment strategy under subsection (b)(6). 375. Annual report by Secretary of the Navy on ship maintenance (a) In general Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: 8695. Annual report on ship maintenance Not later than October 15 of each year, the Secretary of the Navy shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the following: (1) A description of all ship maintenance planned for the fiscal year in which the report is submitted, by hull. (2) The estimated cost of the maintenance described in paragraph (1). (3) A summary of all ship maintenance conducted by the Secretary during the previous fiscal year. (4) Details of any ship maintenance that was deferred during the previous fiscal year. (5) Details of planned ship maintenance that was cancelled during the previous fiscal year and a summary of the reasons for the decision. . (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is amended by adding at the end the following new item: 8695. Annual report on ship maintenance. . IV Military personnel authorizations A Active forces 401. End strengths for active forces The Armed Forces are authorized strengths for active duty personnel as of September 30, 2022, as follows: (1) The Army, 485,000. (2) The Navy, 346,200. (3) The Marine Corps, 178,500. (4) The Air Force, 329,220. (5) The Space Force, 8,400. 402. Authority with respect to authorized strengths for general and flag officers within the Armed Forces for emerging requirements (a) Authority on and before December 31, 2022 Section 526 of title 10, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: (k) Transfer of authorizations among the military services (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title, and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense, if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526a(i)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides notice of the increase to the Committees on Armed Services of the Senate and the House of Representatives. . (b) Authority after December 31, 2022 Section 526a of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Transfer of authorizations among the military services (1) The Secretary of Defense may increase the maximum number of brigadier generals or major generals in the Army, Air Force, Marine Corps, or Space Force, or rear admirals (lower half) or rear admirals in the Navy, allowed under subsection (a) and section 525 of this title and the President may appoint officers in the equivalent grades equal to the number increased by the Secretary of Defense if each appointment is made in conjunction with an offsetting reduction under paragraph (2). (2) For each increase and appointment made under the authority of paragraph (1) in the Army, Navy, Air Force, Marine Corps, or Space Force, the number of appointments that may be made in the equivalent grade in one of the other armed forces (other than the Coast Guard) shall be reduced by one. When such an increase and appointment is made, the Secretary of Defense shall specify the armed force in which the reduction required by this paragraph is to be made. (3) The total number of general officers and flag officers increased under paragraph (1), combined with the total number of general officers and flag officers increased under section 526(k)(1) of this title, may not exceed 15 at any one time. (4) The Secretary may not increase the maximum number of general officers or flag officers under paragraph (1) until the date that is 30 days after the date on which the Secretary provides notice of the increase to the Committees on Armed Services of the Senate and the House of Representatives. . 403. Additional authority to vary Space Force end strength (a) In general Notwithstanding section 115(g) of title 10, United States Code, upon determination by the Secretary of the Air Force that such action would enhance manning and readiness in essential units or in critical specialties, the Secretary may vary the end strength authorized by Congress for each fiscal year as follows: (1) Increase the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 5 percent of such authorized end strength. (2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) for a fiscal year for the Space Force by a number equal to not more than 10 percent of such authorized end strength. (b) Termination The authority provided under subsection (a) shall terminate on December 31, 2022. 404. Temporary exemption from end strength grade restrictions for the Space Force Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force until January 1, 2023. B Reserve forces 411. End strengths for Selected Reserve (a) In general The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2022, as follows: (1) The Army National Guard of the United States, 336,000. (2) The Army Reserve, 189,500. (3) The Navy Reserve, 58,600. (4) The Marine Corps Reserve, 36,800. (5) The Air National Guard of the United States, 108,300. (6) The Air Force Reserve, 70,300. (7) The Coast Guard Reserve, 7,000. (b) End strength reductions The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by— (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year. (c) End strength increases Whenever units or individual members of the Selected Reserve of any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members. 412. End strengths for Reserves on active duty in support of the reserves Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2022, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components: (1) The Army National Guard of the United States, 30,845. (2) The Army Reserve, 16,511. (3) The Navy Reserve, 10,293. (4) The Marine Corps Reserve, 2,386. (5) The Air National Guard of the United States, 25,333. (6) The Air Force Reserve, 6,003. 413. End strengths for military technicians (dual status) (a) In general The authorized number of military technicians (dual status) as of the last day of fiscal year 2022 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. (3) For the Air National Guard of the United States, 10,994. (4) For the Air Force Reserve, 7,111. (b) Limitation on number of temporary military technicians (dual status) The number of temporary military technicians (dual-status) employed under the authority of subsection (a) may not exceed 25 percent of the total authorized number specified in such subsection. (c) Limitation Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual's position. 414. Maximum number of reserve personnel authorized to be on active duty for operational support During fiscal year 2022, the maximum number of members of the reserve components of the Armed Forces who may be serving at any time on full-time operational support duty under section 115(b) of title 10, United States Code, is the following: (1) The Army National Guard of the United States, 17,000. (2) The Army Reserve, 13,000. (3) The Navy Reserve, 6,200. (4) The Marine Corps Reserve, 3,000. (5) The Air National Guard of the United States, 16,000. (6) The Air Force Reserve, 14,000. C Authorization of appropriations 421. Military personnel (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401. (b) Construction of authorization The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2022. V Military personnel policy A Officer personnel policy 501. Increase in authorized lieutenant commander billets in the Navy Section 605(g)(4)(B) of title 10, United States Code, is amended by striking 325 and inserting 350 . 502. Time in grade requirements Section 619(a) of title 10, United States Code, is amended— (1) in paragraph (2), by striking paragraph (4) and inserting paragraph (5) ; (2) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (3) by inserting after paragraph (3) the following new paragraph: (4) When the needs of the service require, the Secretary of the military department concerned may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. . B General service authorities and correction of military records I Selective service reform 511. Modernization of the Selective Service System (a) Reference Except as expressly provided otherwise, any reference in this section to a section or other provision shall be deemed to be a reference to that section or other provision of the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). (b) Purpose of selective service Subsection (b) of section 1 ( 50 U.S.C. 3801 ) is amended to read as follows: (b) The Congress declares that the security of the Nation requires that adequate military strength be achieved and maintained by ensuring a requisite number of personnel with the necessary capabilities to meet the diverse mobilization needs of the Department of Defense during a national emergency. . (c) Solemnity of military service Section 3 ( 50 U.S.C. 3802 ) is amended by adding at the end the following: (c) Regulations prescribed pursuant to subsection (a) shall include methods to convey to every person required to register the solemn obligation for military service if called into training or service under this Act. . (d) Expanded registration to all Americans (1) Section 3(a) ( 50 U.S.C. 3802(a) ) is amended— (A) by striking male citizen and inserting citizen ; (B) by striking male person and inserting person ; (C) by striking present himself and inserting appear ; and (D) by striking so long as he and inserting so long as such alien . (2) Section 4(e) ( 50 U.S.C. 3803(e) ) is amended by striking enlisted men and inserting enlisted persons . (3) Section 5 ( 50 U.S.C. 3805 ) is amended— (A) in subsection (a)(1)— (i) by striking on account of race or color and inserting on any basis set forth in section 703(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2002e–2(a) ) ; and (ii) by striking call for men and inserting call for persons ; and (B) in subsection (b), by striking men each place it appears and inserting persons . (4) Section 6 ( 50 U.S.C. 3806 ) is amended— (A) in subsection (a)(1)— (i) by striking enlisted men and inserting enlisted persons ; and (ii) by striking accrue to him and inserting accrue to such alien ; and (B) in subsection (h)— (i) by striking (other than wives alone, except in cases of extreme hardship) ; and (ii) by striking wives and children and inserting spouses and children . (5) Section 10(b)(3) ( 50 U.S.C. 3809(b)(3) ) is amended by striking the President is requested and all that follows through race or national origin and inserting the President is requested to appoint the membership of each local board so that each board has both male and female members and, to the maximum extent practicable, it is proportionately representative of those registrants within its jurisdiction in each applicable basis set forth in section 703(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2002e–2(a) ), but no action by any board shall be declared invalid on the ground that such board failed to conform to such representation quota . (6) Section 16(a) ( 50 U.S.C. 3814(a) ) is amended by striking men and inserting persons . (e) Maintaining the health of the Selective Service System Section 10(a) ( 50 U.S.C. 3809(a) ) is amended by adding at the end the following new paragraph: (5) The Selective Service System shall conduct exercises periodically of all mobilization plans, systems, and processes to evaluate and test the effectiveness of such plans, systems, and processes. Once every 4 years, the exercise shall include the full range of internal and interagency procedures to ensure functionality and interoperability and may take place as part of the Department of Defense mobilization exercise under section 10208 of title 10, United States Code. The Selective Service System shall conduct a public awareness campaign in conjunction with each exercise to communicate the purpose of the exercise to the public. . (f) Technical and conforming amendments The Military Selective Service Act is amended— (1) in section 4 ( 50 U.S.C. 3803 )— (A) in subsection (a) in the third undesignated paragraph— (i) by striking his acceptability in all respects, including his and inserting such person’s acceptability in all respects, including such person's ; and (ii) by striking he may prescribe and inserting the President may prescribe ; (B) in subsection (c)— (i) in paragraph (2), by striking any enlisted member and inserting any person who is an enlisted member ; and (ii) in paragraphs (3), (4), and (5), by striking in which he resides and inserting in which such person resides ; (C) in subsection (g), by striking coordinate with him and inserting coordinate with the Director ; and (D) in subsection (k)(1), by striking finding by him and inserting finding by the President ; (2) in section 5(d) ( 50 U.S.C. 3805(d) ), by striking he may prescribe and inserting the President may prescribe ; (3) in section 6 ( 50 U.S.C. 3806 )— (A) in subsection (c)(2)(D), by striking he may prescribe and inserting the President may prescribe ; (B) in subsection (d)(3), by striking he may deem appropriate and inserting the President considers appropriate ; and (C) in subsection (h), by striking he may prescribe each place it appears and inserting the President may prescribe ; (4) in section 10 ( 50 U.S.C. 3809 )— (A) in subsection (b)— (i) in paragraph (3)— (I) by striking He shall create and inserting The President shall create ; and (II) by striking upon his own motion and inserting upon the President’s own motion ; (ii) in paragraph (4), by striking his status and inserting such individual’s status ; and (iii) in paragraphs (4), (6), (8), and (9), by striking he may deem each place it appears and inserting the President considers ; and (B) in subsection (c), by striking vested in him and inserting vested in the President ; (5) in section 13(b) ( 50 U.S.C. 3812(b) ), by striking regulation if he and inserting regulation if the President ; (6) in section 15 ( 50 U.S.C. 3813 )— (A) in subsection (b), by striking his each place it appears and inserting the registrant’s ; and (B) in subsection (d), by striking he may deem and inserting the President considers ; (7) in section 16(g) ( 50 U.S.C. 3814(g) )— (A) in paragraph (1), by striking who as his regular and customary vocation and inserting who, as such person’s regular and customary vocation, ; and (B) in paragraph (2)— (i) by striking one who as his customary vocation and inserting a person who, as such person’s customary vocation, ; and (ii) by striking he is a member and inserting such person is a member ; (8) in section 18(a) ( 50 U.S.C. 3816(a) ), by striking he is authorized and inserting the President is authorized ; (9) in section 21 ( 50 U.S.C. 3819 )— (A) by striking he is sooner and inserting sooner ; (B) by striking he each subsequent place it appears and inserting such member ; and (C) by striking his consent and inserting such member’s consent ; (10) in section 22(b) ( 50 U.S.C. 3820(b) ), in paragraphs (1) and (2), by striking his each place it appears and inserting the registrant’s ; and (11) except as otherwise provided in this section— (A) by striking he each place it appears and inserting such person ; (B) by striking his each place it appears and inserting such person’s ; (C) by striking him each place it appears and inserting such person ; and (D) by striking present himself each place it appears in section 12 ( 50 U.S.C. 3811 ) and inserting appear . (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsection (d) shall take effect 1 year after such date of enactment. 512. Report on exemptions and deferments for a possible military draft Not later than 120 days after the date of the enactment of this Act, the Director of the Selective Service System, in consultation with the Secretary of Defense and the Secretary of Homeland Security, shall submit to Congress a report providing a review of exemptions and deferments from registration, training, and service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ) and of proposed revisions to those exemptions and deferments, taking into account amendments to the Military Selective Service Act under section 511(a) of this Act to require registration of all United States citizens and persons residing in the United States. 513. Report on processes and procedures for appeal of denial of status or benefits for failure to register for Selective Service (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of the Selective Service System shall submit to the appropriate committees of Congress a report setting forth the results of a review of the processes and procedures employed by agencies across the Federal Government for the appeal by individuals of a denial of status or benefits under Federal law for failure to register for selective service under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ). (b) Consultation The Director of the Selective Service System shall carry out this section in consultation with the Secretary of Homeland Security, the Secretary of Education, the Director of the Office of Personnel Management, and the heads of other appropriate Federal agencies. (c) Elements The report required by subsection (a) shall include the following: (1) A description and assessment of the various appeals processes and procedures described in subsection (a), including— (A) a description of such processes and procedures; and (B) an assessment of— (i) the adequacy of notice provided for appeals under such processes and procedures; (ii) the fairness of each such process and procedure; (iii) the ease of use of each such process and procedure; (iv) consistency in the application of such processes and procedures across the Federal Government; and (v) the applicability of an appeal granted by one Federal agency under such processes and procedures to the actions and decisions of another Federal agency on a similar appeal. (2) Information on the number of waivers requested, and the number of waivers granted, during the 15-year period ending on the date of the enactment of this Act in connection with denial of status or benefits for failure to register for selective service. (3) An analysis and assessment of the recommendations of the National Commission on Military, National, and Public Service for reforming the rules and policies concerning failure to register for selective service. (4) Such recommendations for legislative or administrative action as the Director of the Selective Service System, and the consulting officers pursuant to subsection (b), consider appropriate in light of the review conducted pursuant to subsection (a). (5) Such other matters in connection with the review conducted pursuant to subsection (a) as the Director considers appropriate. (d) Appropriate committees of Congress defined In this section, the term appropriate committee of Congress means— (1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. 514. Responsibilities for national mobilization; personnel requirements (a) Executive agent for national mobilization The Secretary of Defense shall designate a senior civilian official within the Office of the Secretary of Defense as the Executive Agent for National Mobilization. The Executive Agent for National Mobilization shall be responsible for— (1) developing, managing, and coordinating policy and plans that address the full spectrum of military mobilization readiness, including full mobilization of personnel from volunteers to other persons inducted into the Armed Forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ); (2) providing Congress and the Selective Service System with updated requirements and timelines for obtaining inductees in the event of a national emergency requiring mass mobilization and induction of personnel under the Military Selective Service Act for training and service in the Armed Forces; and (3) providing Congress with a plan, developed in coordination with the Selective Service System, to induct large numbers of volunteers who may respond to a national call for volunteers during an emergency. (b) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for obtaining inductees as part of a mobilization timeline for the Selective Service System. The plan shall include a description of resources, locations, and capabilities of the Armed Forces required to train, equip, and integrate personnel inducted into the Armed Forces under the Military Selective Service Act into the total force, addressing scenarios that would include 300,000, 600,000, and 1,000,000 new volunteer and other personnel inducted into the Armed Forces under the Military Selective Service Act. The plan may be provided in classified form. 515. Enhancements to national mobilization exercises Section 10208 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) (1) The Secretary shall, beginning in the first fiscal year that begins after the date of the enactment of this subsection, and every 5 years thereafter, as part of the major mobilization exercise under subsection (a), include the processes of the Selective Service System in preparation for the induction of personnel into the armed forces under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), and submit to Congress a report on the results of this exercise. The report may be submitted in classified form. (2) The exercise under this subsection— (A) shall include a review of national mobilization strategic and operational concepts; (B) shall include a simulation of a mobilization of all armed forces and reserve units, with plans and processes for incorporating personnel inducted into the armed forces under the Military Selective Service Act and the large number of volunteers who may respond to a national call for volunteers; and (C) shall involve the Selective Service System, the Department of Homeland Security, the Department of Commerce, the Department of Labor, and other relevant interagency stakeholders. . II Other matters 518. Military service independent racial disparity review (a) Review required Each Secretary of a military department shall conduct an assessment of racial disparity in military justice and discipline processes and military personnel policies, as they pertain to minority populations. (b) Report required Not later than one year after the date of the enactment of this Act, each Secretary concerned shall transmit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a report detailing the results of the assessment required by subsection (a), together with recommendations for statutory or regulatory changes as the Secretary concerned determines appropriate. (c) Comptroller General report Not later than 180 days after receiving the reports submitted under subsection (b), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report comparing the military service assessments on racial disparity to existing reports assessing racial disparity in civilian criminal justice systems in the United States. (d) Definitions In this section: (1) Military justice; discipline processes The terms military justice and discipline processes refer to all facets of the military justice system, including investigation, the use of administrative separations and other administrative sanctions, non-judicial punishment, panel selection, pre-trial confinement, the use of solitary confinement, dispositions of courts-martial, sentencing, and post-trial processes. (2) Military personnel policies The term military personnel policies includes accession rates and policies, retention rates and policies, promotion rates, assignments, professional military education selection and policies, and career opportunity for minority members of the Armed Forces. (3) Minority populations The term minority populations includes Black, Hispanic, Asian/Pacific Islander, American Indian, and Alaska Native populations. 519. Appeals to Physical Evaluation Board determinations of fitness for duty Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall incorporate a formal appeals process into the policies and procedures applicable to the implementation of the Integrated Disability Evaluation System of the Department of Defense. The appeals process shall include the following: (1) The Secretary concerned shall ensure that a member of the Armed Forces may submit a formal appeal made with respect to determinations of fitness for duty to a Physical Evaluation Board of such Secretary. (2) The appeals process shall include, at the request of such member, an impartial hearing on a fitness for duty determination to be conducted by the Secretary concerned. (3) Such member shall have the option to be represented at a hearing by legal counsel. 520. Extension of paid parental leave (a) In general Section 701 of title 10, United States Code, is amended— (1) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (A), by striking a member and all that follows through the period at the end and inserting the following: a member of the armed forces described in paragraph (2) is allowed up to a total of 12 weeks of parental leave during the one-year period beginning after the following events: (i) The birth or adoption of a child of the member and in order to care for such child. (ii) The placement of a minor child with the member for adoption or foster care. ; and (ii) by striking subparagraph (B) and inserting the following: (B) (i) The Secretary concerned, under uniform regulations to be prescribed by the Secretary of Defense, may authorize leave described under subparagraph (A) to be taken after the one-year period described in such paragraph in the case of a member described in paragraph (2) who, except for this subparagraph, would lose unused parental leave at the end of the one-year period described in subparagraph (A) as a result of— (I) operational requirements; (II) professional military education obligations; or (III) other circumstances that the Secretary determines reasonable and appropriate. (ii) The regulations prescribed under clause (i) shall require that any leave authorized to be taken after the one-year period described in subparagraph (A) shall be taken within a reasonable period of time, as determined by the Secretary of Defense, after cessation of the circumstances warranting the extended deadline. ; (B) by striking paragraphs (3), (8), and (10) and redesignating paragraphs (4), (5), (6), (7), and (9) as paragraphs (3), (4), (5), (6), and (7), respectively; (C) in paragraph (3), as redesignated by subparagraph (B), by striking a member may receive more than six weeks of medical convalescent leave in connection with the birth of a child, but only if the additional medical convalescent leave and inserting a member who has given birth may take convalescent leave in conjunction with the birth of a child. Any medical convalescent leave taken by a member that has given birth shall be used concurrently with the member’s 12-week parental leave entitlement. Medical convalescent leave in excess of twelve weeks may be authorized if additional medical convalescent leave ; (D) in paragraph (4), as so redesignated, by striking paragraphs (1) and (4) and inserting paragraphs (1) and (3) ; (E) in paragraph (5)(A), as so redesignated, by inserting , subject to the exceptions in paragraph (1)(B)(ii) after shall be forfeited ; and (F) in paragraph (7)(B), as so redesignated, by striking paragraph (4) and inserting paragraph (3) ; and (2) by striking subsection (j) and redesignating subsections (k) and (l) as subsections (j) and (k), respectively. (b) Effective date The amendments made by subsection (a) shall take effect one year after the date of the enactment of this Act. (c) Regulations Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing the amendments made by subsection (a). 520A. Bereavement leave for members of the Armed Forces (a) In general Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection: (m) (1) (A) Under regulations prescribed by the Secretary of Defense, a member of the armed forces described in subparagraph (B) is allowed up to two weeks of leave to be used in connection with the death of an immediate family member. (B) Subparagraph (A) applies to the following members: (A) A member on active duty. (B) A member of a reserve component performing active Guard and Reserve duty. (C) A member of a reserve component subject to an active duty recall or mobilization order in excess of 12 months. (2) Under the regulations prescribed for purposes of this subsection, a member taking leave under paragraph (1) shall not have his or her leave account reduced as a result of taking such leave if such member’s accrued leave is fewer than 30 days. Members with 30 or more days of accrued leave shall be charged for bereavement leave until such point that the member’s accrued leave is less than 30 days. Any remaining bereavement leave taken by such member in accordance with paragraph (1) after such point shall not be chargeable to the member. (3) Immediate family member defined In this section, the term immediate family member , with respect to a member of the armed forces, means— (A) the member's spouse; or (B) a child of the member. . (b) Effective date The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. C Prevention and response to sexual assault, harassment, and related misconduct, and other military justice matters 521. DoD Safe Helpline authorization to perform intake of official restricted and unrestricted reports for eligible adult sexual assault victims Section 584 of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ; 10 U.S.C. 1561 note) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: (d) Authorizations for DoD Safe Helpline (1) Providing support and receiving official reports DoD Safe Helpline (or any successor service to DoD Safe Helpline, if any, as identified by the Secretary of Defense) is authorized to provide crisis intervention and support and to perform the intake of official reports of sexual assault from eligible adult sexual assault victims who contact the DoD Safe Helpline or other reports as directed by the Secretary of Defense. (2) Training and oversight DoD Safe Helpline staff shall have specialized training and appropriate certification to support eligible adult sexual assault victims. (3) Eligibility and procedures The Secretary of Defense shall prescribe regulations regarding eligibility for DoD Safe Helpline services, procedures for providing crisis intervention and support, and accepting reports. (4) Electronic receipt of official reports of adult sexual assaults DoD Safe Helpline shall provide the ability to receive reports of adult sexual assaults through the DoD Safe Helpline website and mobile phone applications, in a secure manner consistent with appropriate protection of victim privacy, and may offer other methods of receiving electronic submission of adult sexual assault reports, as appropriate, in a manner that appropriately protects victim privacy. (5) Types of reports Reports of sexual assault from eligible adult sexual assault victims received by DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall include unrestricted and restricted reports, or other reports as directed by the Secretary of Defense. (6) Option for entry into the CATCH A SERIAL OFFENDER system An individual making a restricted report (or a relevant successor type of report or other type of appropriate report, as determined by the Secretary of Defense) to the DoD Safe Helpline (or a successor as determined by the Secretary of Defense) shall have the option to submit information related to their report to the CATCH A SERIAL OFFENDER system (or its successor or similar system as determined by the Secretary of Defense). . 522. Assessment of relationship between command climate and the prevention and adjudication of military sexual misconduct (a) Assessment required The Secretary of Defense shall require the Secretaries of the military departments to conduct not fewer than six independent reviews at military installations under the control of the Secretary concerned to assess the command climate at such military installations, to include a review of those installations’ programs to prevent and respond to sexual assault and sexual harassment, organizational climate, gender discrimination, and support of survivors. (b) Locations The assessments conducted under subsection (a) shall be conducted at— (1) not fewer than three installations, including at least one Navy ship, with the highest risk of sexual assault, as defined by the Secretary of Defense; and (2) not fewer than three installations, including at least one Navy ship, with the lowest risk of sexual assault, as defined by the Secretary of Defense. (c) Parameters (1) Independence The assessments conducted under this section may be comprised of civilian and military personnel, include the membership of, and input from, the Office of the Department of Defense Inspector General, and include individuals possessing the appropriate level of experience to conduct assessments of command climate. The members conducting an assessment of a particular military installation shall be independent from the military service assessed, the chain of command involved, and the installation that is the focus of the review. (2) Data surveyed The assessment shall leverage command climate surveys, interviews, focus groups, independent research and materials, media reports, and other means as determined by the Secretary of Defense. (d) Use of results The results of the assessment shall be used to inform best practices in supporting a climate that supports prevention programs and survivors at military installations. The best practices shall be shared throughout the Department of Defense, including with the installations included in the assessment, and in a publicly available report. (e) Completion and reporting The assessment under this section shall be completed not later than 18 months after the date of the enactment of this Act. Not later than 30 days after the assessment is completed, the Secretary of Defense shall submit a report with findings to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. 523. Policy for ensuring the annual report regarding sexual assaults involving members of the Armed Forces includes information on race and ethnicity of victims The Secretary of Defense shall prescribe policy requiring information on the race and ethnicity of victims and accused individuals to be included to the maximum extent practicable in the annual report required under section 1631 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ; 10 U.S.C. 1561 note). The policy may provide for the exclusion of such information based on privacy concerns, impacts on accountability efforts, or other matters of importance as determined and identified in such policy by the Secretary. 524. Department of Defense tracking of allegations of retaliation by victims of sexual assault or sexual harassment and related persons (a) In general Chapter 80 of title 10, United States Code, is amended by inserting after section 1562 the following new section: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense (a) Designation of responsible component The Secretary of Defense shall designate a component of the Office of the Secretary of Defense to be responsible for documenting and tracking all covered allegations of retaliation and shall ensure that the Secretaries concerned and the Inspector General of the Department of Defense provide to such component the information required to be documented and tracked as described in subsection (b). (b) Tracking of allegations The head of the component designated by the Secretary under subsection (a) shall document and track each covered allegation of retaliation, including— (1) that such an allegation has been reported and by whom; (2) the date of the report; (3) the nature of the allegation and the name of the person or persons alleged to have engaged in such retaliation; (4) the Department of Defense component or other entity responsible for the investigation of or inquiry into the allegation; (5) the entry of findings; (6) referral of such findings to a decisionmaker for review and action, as appropriate; (7) the outcome of final action; and (8) any other element of information pertaining to the allegation determined appropriate by the Secretary or the head of the component designated by the Secretary. (c) Covered allegation of retaliation defined In this section, the term covered allegation of retaliation means an allegation of retaliation— (1) made by— (A) an alleged victim of sexual assault or sexual harassment; (B) an individual charged with providing services or support to an alleged victim of sexual assault or sexual harassment; (C) a witness or bystander to an alleged sexual assault or sexual harassment; or (D) any other person associated with an alleged victim of a sexual assault or sexual harassment; and (2) without regard to whether the allegation is reported to or investigated or inquired into by— (A) the Department of Defense Inspector General or any other inspector general; (B) a military criminal investigative organization; (C) a commander or other person at the direction of the commander; (D) another military or civilian law enforcement organization; or (E) any other organization, officer, or employee of the Department of Defense. . (b) Clerical amendment The table of sections at the beginning of chapter 80 of title 10, United States Code, is amended by inserting after the item relating to section 1562 the following new item: 1562a. Complaints of retaliation by victims of sexual assault or sexual harassment and related persons: tracking by Department of Defense. . 525. Special Victim's Counsel representation of civilian victims of sex-related offenses Section 1044e(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) A civilian who is a victim of an alleged sex-related offense, if the alleged perpetrator was subject to the jurisdiction of the Uniform Code of Military Justice at the time of the offense. . 526. Notice to victims of further administrative action following a determination not to refer to trial by court-martial Section 549 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 806b note) is amended— (1) by striking Under regulations and inserting Notwithstanding section 552a of title 5, United States Code (commonly referred to as the Privacy Act or the Privacy Act of 1974 ) and under regulations ; (2) by striking alleged sexual assault and inserting an alleged sex-related offense ; and (3) by adding at the end the following new sentence: Upon such final determination, the commander shall notify the victim of the type of action taken on such case, the outcome of the action (including any punishments assigned or characterization of service, as applicable), and such other information as the commander determines to be relevant. . 527. Recommendations on separate punitive article in the Uniform Code of Military Justice on violent extremism Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary considers appropriate with respect to the establishment of a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on violent extremism. 528. Determination and reporting of missing, absent unknown, absent without leave, and duty status-whereabouts unknown service members (a) Comprehensive review of missing persons reporting The Secretary of Defense shall instruct the Secretary of each military department to undertake a comprehensive review of the department's policies and procedures for determining and reporting service members as missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (b) Review of installation-level procedures In addition to such other requirements as may be set forth by the Secretary of Defense pursuant to subsection (a), the Secretary of each military department shall with regard to the department concerned— (1) direct each military installation, including any tenant command or activity present on such installation, to review its policies and procedures for carrying out the determination and reporting activities described under subsection (a); and (2) update such installation-level policies and procedures, including any tenant command or activity policies and procedures, with a view towards force protection, enhanced security for service members living on the military installation, and prioritizing reporting at the earliest practicable time to local law enforcement at all levels, and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a service member is determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (c) Installation-specific reporting protocols (1) In general The commander of each military installation shall establish a protocol applicable to all persons and organizations present on the installation, including tenant commands and activities, for sharing information with local and Federal law enforcement agencies about service members who are missing, absent-unknown, absent without leave, or duty status-whereabouts unknown. The protocol shall provide for the an immediate entry regarding the service member concerned in the Missing Persons File of the National Crimes Information Center data and for the commander to immediately notify all local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a service member assigned to such installation has been determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown. (2) Reporting to military installation command The commander of each military installation shall submit the protocol established pursuant to paragraph (1) to the Secretary of the military department concerned. 529. Conduct unbecoming an officer (a) In general Section 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice) is amended— (1) in the section heading, by striking and a gentleman ; and (2) by striking and a gentleman . (b) Clerical amendment The table of sections at the beginning of subchapter X of chapter 47 of such title is amended in the item relating to section 933 (article 133) by striking and a gentleman . 530. Analysis of the use of non-judicial punishment (a) In general The Secretary of Defense shall conduct statistical analysis of information on punishments imposed under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice). (b) Scope The information analyzed under subsection (a) shall include the following: (1) The race, ethnicity, gender, rank, and grade of— (A) members of the armed forces punished under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); (B) commanders who imposed such punishment; and (C) victims of the conduct for which such punishment was imposed. (2) For punishments imposed under such section (article), the Secretary shall— (A) analyze the offenses under this chapter for which punishment was imposed; and (B) analyze investigations conducted before the imposition of punishment. 530A. Sexual Assault Response Coordinator Military Occupational Specialty (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the optimal execution of a Sexual Assault Response Coordinator (SARC) Military Occupational Specialty (MOS). (b) Elements The report required under subsection (a) shall include the following elements: (1) A recommendation on the required rank and experience of a SARC MOS. (2) Recommendations for strengthening recruitment and retention of members of the Armed Forces of the required rank and experience identified under paragraph (1), including— (A) designating SARC as a secondary MOS instead of a primary MOS; (B) providing initial or recurrent bonuses or duty stations of choice to service members who qualify for the SARC MOS; (C) limiting the amount of time that a service member who has qualified for the SARC MOS can serve as a SARC in a given period of time; or (D) requiring evaluations for service members who have qualified for the SARC MOS and are serving as a SARC to be completed by an officer of the rank of O–6 or higher. (3) Recommendations for standardizing training and education for service members seeking a SARC MOS or serving as a SARC, including by institutionalizing relevant academies for each of the services. (4) An analysis of the impact of a SARC MOS on the talent management of the existing SARC program, including recruitment and retention. (5) An analysis of the requirements for a SARC-specific chain of command. (6) A plan to execute a SARC MOS within two years. (7) Analysis of the cost of a SARC MOS program. (8) Any other matter the Secretary of Defense considers relevant for inclusion. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the report required under subsection (a). 530B. Implementation of recommendations of the Independent Review Commission on Sexual Assault in the Military (a) IRC report defined In this section, the term IRC report means the 2021 report entitled, Hard Truths and the Duty to Change: Recommendations from the Independent Review Commission on Sexual Assault in the Military . (b) Line of Effort 2 The Secretary of Defense shall implement the following recommendations included in Line of Effort 2: Prevention of section III of the IRC report: (1) 2.1 Equip all leaders with prevention competencies and evaluate their performance. (A) 2.1 a The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) should define the competencies leaders must have to oversee prevention. (B) 2.1 b The Services and the National Guard Bureau (NGB) should develop and hold leaders appropriately accountable for prevention. (C) 2.1 c The Services and the NGB should equip all leaders to develop and deliver informed prevention messages in formal and informal settings. (2) 2.2 Establish a dedicated primary prevention workforce (A) 2.2 a USD(P&R) should develop a model for a dedicated and capable prevention workforce. (B) 2.2 b USD(P&R) should develop a professional credential for the prevention workforce. (C) 2.2 c The Services should determine the optimum full-time prevention workforce, and equip all echelons of active duty, reserve, and guard organizations. (3) 2.3 Implement community-level prevention strategies unique to Service members’ environments. (A) 2.3 a The Services and the NGB should resource and implement prevention strategies at organizational and community levels. (B) 2.3 b USD(P&R) should identify a non-clinical OSD-level Office of Primary Responsibility for alcohol policy and develop relevant policy guidance and oversight. (4) 2.4 Modernize prevention education and skill-building to reflect today’s generation of Service members. (5) 2.5 Identify and actively support Service members with the most effective prevention interventions. (A) 2.5 a The Services and the NGB should institute a pilot program to link Service members with resources and support. (B) 2.5 b The Services and the NGB should employ virtual platforms to provide support to all Service members. (6) 2.6 Create a state-of-the-art DoD prevention research capability. (A) 2.6 a DoD should establish a dedicated research center for the primary prevention of interpersonal and self-directed violence. (B) 2.6 b USD(P&R), the Services, and the NGB should continually review and update all policies that unnecessarily restrict data collection on important populations of Service members. (C) 2.6 c The Secretary of Defense should immediately authorize operational testing of the Air Force Compatibility Assessment with a cross-Service pre-accession sample, allowing for important research and intervention development. (D) 2.6 d The USD(P&R) should commission research on gender and masculinities to develop effective social marketing strategies to facilitate primary prevention efforts. (7) 2.7 Establish a comprehensive National Guard primary prevention strategy. (A) 2.7 a The NGB should develop Army National and Air National Guard prevention strategies aligned with DoD’s Prevention Plan of Action, based on the National Guard’s unique construct and missions. (B) 2.7 b USD(P&R) should submit a legislative proposal providing authorization and funding for the NGB to conduct recurring National Guard unit inspections and staff assistance visits for prevention oversight and assistance. (8) 2.8 USD(P&R) should update the Department’s prevention strategy, including the DoD Prevention Plan of Action, to incorporate approved IRC recommendations. (c) Line of Effort 3 The Secretary of Defense shall implement the following recommendations included in Line of Effort 3: Climate and Culture of section III of the IRC report: (1) 3.1 USD(P&R) should codify in policy and direct the development and implementation of metrics related to sexual harassment and sexual assault as part of readiness tracking and reporting. (2) 3.2 USD(P&R) should direct the Services to educate the force about sexual harassment and sexual assault within the context of the Services’ core values. (3) 3.3 DoD must execute on the principle that addressing sexual harassment and sexual assault in the 21st century requires engaging with the cyber domain. (A) 3.3 a Collect data to measure the problem of cyberharassment (and related harms). (B) 3.3 b Educate leaders on cyberharassment and technology-facilitated sexual harassment and sexual assault. (C) 3.3 c Hold Service members appropriately accountable who engage in cyberharassment and other forms of technology-facilitated sexual harassment and sexual assault. (4) 3.4 DoD should ensure that there is an internal focus on preventing sexual harm and gender-based violence across the force in implementing the 2017 National Women, Peace, and Security (WPS) Act. (A) 3.4 a Elevate and standardize the gender advisor workforce. (B) 3.4 b Use qualitative data as part of indicators for Defense Objective One of the WPS Strategic Framework. (C) 3.4 c Integrate a gender analysis into the military’s planning & operational frameworks. (D) 3.4 d Review and revise Professional Military Education (PME) and DoD schoolhouse curricula to mainstream WPS priorities. (E) 3.4 e Congress should support DoD’s inclusion of Personnel & Readiness in WPS implementation and codify in legislation. (5) 3.5 Use qualitative data to select, develop, and evaluate the right leaders for command positions. (A) 3.5 a Use qualitative data to select and develop the right leaders. (B) 3.5 b Include a meaningful narrative section in performance evaluations for officers and NCOs. (6) 3.6 Building a climate for the reduction of sexual harassment and sexual assault as a fundamental leader development requirement. (7) 3.7 USD(P&R) should undertake a series of enhancements to the climate survey process to ensure that timely, actionable data can be used to improve unit climate on sexual harassment and assault. (A) 3.7 a USD(P&R) should develop a standardized pulse survey tool that would enable unit-level commanders to collect real-time climate data on sexual harassment and sexual assault from Service members in their units between required administrations of the Defense Organizational Climate Survey (DEOCS). (B) 3.7 b The Secretary of Defense should direct the Services to develop a formal system to share climate survey data at the unit level and initiate and evaluate corrective action plans. (C) 3.7 c USD(P&R) should accelerate efforts to develop a validated Climate Benchmark to measure healthy and unhealthy climate at the unit level. (D) 3.7 d The Secretary of Defense should assess whether current DoD policies, relevant components, and the Service-level Equal Opportunity workforce have the capacity to help commanders resolve climate issues. (8) 3.8 The Services should publish the nature and results of all disciplinary actions related to sexual misconduct and disseminate this information to troops periodically. (d) Line of Effort 4 The Secretary of Defense shall implement the following recommendations included in Line of Effort 4: Victim Care and Support of section III of the IRC report: (1) 4.1 Optimize the victim care and support workforce. (A) 4.1 a Move SARCs and SAPR VAs from the command reporting structure. (B) 4.1 b Eliminate collateral duty for SARCs and SAPR VAs, with exceptions for ships, submarines, and isolated installations. (C) 4.1 c Explore the co-location of SAPR and SHARP with other special victim services, such as FAP, to improve coordination, collaboration, and consistency in victim support. (D) 4.1 d Train Independent Duty Corpsmen to be Sexual Assault Medical Forensic Examiners so patient care and evidence collection can be provided in deployed and isolated environments. (2) 4.2 Expand victim service options to meet the needs of all survivors of sexual assault and sexual harassment. (A) 4.2 a Increase access to and visibility of civilian community-based care. (B) 4.2 b Authorize Service members to access the full spectrum of VA services for conditions related to military sexual assault and sexual harassment confidentially, and without a referral. (C) 4.2 c Expand access to CATCH to include victims of sexual harassment and enable Service members to self-service access to CATCH. (D) 4.2 d Create survivor-led peer support programs that allow for in-person, virtual, and telephone interaction. (E) 4.2 e Amplify victims’ rights and services in the post-trial period. (3) 4.3 Center the survivor to facilitate healing and restoration. (A) 4.3 a Implement the No Wrong Door approach to sexual harassment, sexual assault, and domestic abuse across the Services and NGB. (B) 4.3 b Institute a Commander’s Package from the SAPR VA with recommendations for victim care and support. (C) 4.3 c Allow survivors flexibility to take non-chargeable time off for seeking services or time for recovery from sexual assault. (D) 4.3 d Increase victim agency and control of the response process by: maximizing adherence to survivor preference on reporting status, and centering survivor preferences in expedited transfers. (E) 4.3 e Study the methods our allies have used to make amends to survivors, including restorative engagement to acknowledge harm, and potential victim compensation. (4) 4.4 Re-envision training and research to improve victim care and support. (A) 4.4 a Establish a Defense Sexual Assault and Sexual Harassment Center of Excellence that administers a core curriculum of trauma and response trainings for all SAPR VAs and SARCs, chaplains, and other response personnel. (B) 4.4 b Develop training to build the capacity of SARCs and SAPR VAs to provide culturally competent care to Service members from communities of color, LGBTQ+ Service members, religious minorities, and men. (C) 4.4 c Revise and update training modules on appropriate response to sexual assault and sexual harassment in PME for officers and NCOs. (D) 4.4 d Use an action research model to identify root problems, test interventions, and create best practices with survivors’ input. D Military justice reform and sexual assault prevention I Military justice matters 531. Special victim prosecutors (a) In general Subchapter V of chapter 47 of title 10, United States Code, is amended by inserting after section 824 (article 24 of the Uniform Code of Military Justice) the following new section: 824a. Art 24a. Special victim prosecutors (a) Detail of special victim prosecutors and assistant special victim prosecutors Each Secretary concerned shall detail commissioned officers to serve as special victim prosecutors and assistant special victim prosecutors. (b) Qualifications A special victim prosecutor or assistant special victim prosecutor shall be a commissioned officer who— (1) is a member of the bar of a Federal court or a member of the bar of the highest court of a State; and (2) is certified to be qualified, by reason of education, training, experience, and temperament, for duty as a special victim prosecutor or assistant special victim prosecutor by the Judge Advocate General of the armed force of which the officer is a member. (c) Duties and authorities (1) In general Special victim prosecutors and assistant special victim prosecutors shall carry out the duties described in this chapter (the Uniform Code of Military Justice) and any other duties prescribed by the Secretary of Defense, in consultation with the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy), by regulation. (2) Determination of special victim offense; related charges (A) Authority A special victim prosecutor shall have exclusive authority to determine if a reported offense is a special victim offense and shall exercise authority over any such offense in accordance with this chapter (the Uniform Code of Military Justice). (B) Related offenses If a special victim prosecutor determines that a reported offense is a special victim offense, the special victim prosecutor may also exercise authority over any offense that the special victim prosecutor determines to be related to the special victim offense and any other offense alleged to have been committed by a person alleged to have committed the special victim offense. (3) Dismissal; referral; plea bargains Subject to paragraph (4), with respect to charges and specifications alleging any offense over which a special victim prosecutor exercises authority, a special victim prosecutor shall have exclusive authority to, in accordance with this chapter (the Uniform Code of Military Justice)— (A) on behalf of the Government, dismiss the charges and specifications or make a motion to dismiss the charges and specifications; (B) refer the charges and specifications for trial by a special or general court-martial; (C) enter into a plea agreement; and (D) determine if an ordered rehearing is impracticable. (4) Deferral to convening authority If a special victim prosecutor exercises authority over an offense and elects not to prefer charges and specifications for such offense or, with respect to charges and specifications for such offense preferred by a person other than a special victim prosecutor, elects not to refer such charges and specifications, a convening authority may exercise any of the authorities of the convening authority under this chapter (the Uniform Code of Military Justice) with respect to such offense, except that the convening authority may not refer charges and specifications for a special victim offense for trial by special or general court-martial. . (b) Table of sections amendment The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after the item relating to section 824 (article 24) the following new item: 824a. Art 24a. Special victim prosecutors. . 532. Policies with respect to special victim prosecutors (a) In general Chapter 53 of title 10, United States Code, is amended by inserting after section 1044e the following new section: 1044f. Policies with respect to special victim prosecutors (a) Policies required The Secretary of Defense shall establish policies with respect to the appropriate mechanisms and procedures that the Secretaries of the military departments shall establish and carry out relating to the activities of special victim prosecutors, including expected milestones for the Secretaries to fully implement such mechanisms and procedures. The policies shall include the following: (1) Provide for the establishment of a dedicated office in the Secretariat of each military department from which office the activities of the special victim prosecutors of the military services concerned shall be supervised and overseen. (2) Direct each Secretary of a military department to appoint one lead special victim prosecutor for each military service under the authority, direction, and control of the Secretary concerned, which lead special prosecutor shall be a judge advocate of that service in a grade no lower than O–6, with significant experience in military justice, who shall be responsible for the overall supervision and oversight of the activities of the special victim prosecutors of that service. (3) Direct each Secretary of a military department to designate one of the lead special victim prosecutors appointed pursuant to paragraph (2) to lead the office required to be established pursuant to paragraph (1). (4) Ensure that the office created pursuant to paragraph (1), the lead special victim prosecutors and other personnel assigned or detailed to the office, and the special victim prosecutors of the military services concerned— (A) are independent of the military chains of command of both the victims and those accused of special victim offenses and any other offenses over which a special victim prosecutor at any time exercises authority in accordance with section 824a of this title (article 24a of the Uniform Code of Military Justice); and (B) conduct assigned activities free from unlawful or unauthorized influence or coercion. (5) Provide that special victim prosecutors and assistant special victim prosecutors shall be well-trained, experienced, highly skilled, and competent in handling special victim cases. (6) Provide that commanders of the victim and the accused in a special victim case shall have the opportunity to provide their candid input to the special victim prosecutor regarding case disposition, but that the input is not binding on the special victim prosecutor. (b) Uniformity The Secretary of Defense shall ensure that any lack of uniformity in the implementation of policies, mechanisms, and procedures established under subsection (a) does not render unconstitutional any such policy, mechanism, or procedure. (c) Report Not later than 270 days after the date of the enactment of this section, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth the policies proposed to be established pursuant to subsection (a) and the expected roadmap and milestones for the implementation of such policies and the mechanisms and procedures to which they apply. (d) Quarterly briefing Not later than January 1, 2023, and at the beginning of each fiscal quarter thereafter until the policies established pursuant to subsection (a) and the mechanisms and procedures to which they apply are fully implemented and operational, the Secretary of Defense and the Secretaries of the military departments shall jointly provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing detailing the actions taken and progress made by the Office of the Secretary of Defense and each of the military departments in meeting the milestones established as required by subsection (a). . (b) Clerical amendment The table of sections at the beginning of chapter 53 of title 10, United States Code, is amended by inserting after the item relating to section 1044e the following new item: 1044f. Department of Defense policies with respect to special victim prosecutors. . 533. Definition of military magistrate, special victim offense, and special victim prosecutor Section 801 of title 10, United States Code (article 1 of the Uniform Code of Military Justice), is amended— (1) by inserting after paragraph (10) the following new paragraph: (11) The term military magistrate means a commissioned officer certified for duty as a military magistrate in accordance with section 826a of this title (article 26a of the Uniform Code of Military Justice). ; and (2) by adding at the end the following new paragraphs: (17) The term special victim offense means— (A) an offense under section 917a (article 117a), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), section 930 (article 130), section 932 (article 132), the standalone offense of sexual harassment punishable under section 934 (article 134), or the standalone offense of child pornography punishable under section 934 (article 134) of this chapter (the Uniform Code of Military Justice); (B) a conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of this title (article 81); (C) a solicitation to commit an offense specified in subparagraph (A) as punishable under section 882 of this title (article 82); or (D) an attempt to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 880 of this title (article 80). (17) The term special victim prosecutor means a judge advocate detailed as a special victim prosecutor in accordance with section 824a of this title (article 24a of the Uniform Code of Military Justice). . 534. Clarification of applicability of domestic violence and stalking to dating partners (a) Article 128b; domestic violence Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— (1) in the matter preceding paragraph (1), by striking Any person and inserting (a) In general .—Any person ; (2) in subsection (a), as designated by paragraph (1) of this subsection, by inserting a dating partner, after an intimate partner, each place it appears; and (3) by adding at the end the following new subsection: (b) Definitions In this section (article), the terms dating partner , immediate family , and intimate partner have the meaning given such terms in section 930 of this title (article 130 of the Uniform Code of Military Justice). . (b) Article 130; stalking Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— (1) in subsection (a), by striking or to his or her intimate partner each place it appears and inserting to his or her intimate partner, or to his or her dating partner ; and (2) in subsection (b)— (A) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (B) by inserting after paragraph (2) the following new paragraph: (3) The term dating partner , in the case of a specific person, means a person who is or has been in a social relationship of a romantic or intimate nature with such specific person based on a consideration of— (A) the length of the relationship; (B) the type of relationship; and (C) the frequency of interaction between the persons involved in the relationship. . 535. Clarification relating to who may convene courts-martial (a) General courts-martial Section 822(b) of title 10, United States Code (article 22(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; and (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a general court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter (the Uniform Code of Military Justice). . (b) Special courts-martial Section 823(b) of title 10, United States Code (article 23(b) of the Uniform Code of Military Justice), is amended— (1) by striking If any and inserting (1) If any ; (2) by adding at the end the following new paragraph: (2) A commanding officer shall not be considered an accuser solely due to the role of the commanding officer in convening a special court-martial to which charges and specifications were referred by a special victim prosecutor in accordance with this chapter (the Uniform Code of Military Justice). . 536. Inclusion of sexual harassment as general punitive article (a) Amendment to Manual for Courts-Martial Not later than 30 days after the date of the enactment of this Act, the President shall amend Part IV of the Manual for Courts-Martial to include sexual harassment as a standalone offense punishable under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice). (b) Elements of offense The amendment to Part IV of the Manual for Courts-Martial required under subsection (a) shall include the following in the proper place and form: (1) Elements The required elements constituting the offense of sexual harassment are as follows: (A) That the accused knowingly made sexual advances, demands, or requests for sexual favors, or engaged in other conduct of a sexual nature. (B) That such conduct was unwelcome. (C) That under the circumstances, such conduct— (i) would cause a reasonable person to, believe, and a certain person does believe that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person’s job, pay, career, benefits, or entitlements; (ii) would cause a reasonable person to believe, and a certain person does believe that submission to, or rejection of, such conduct would be used as a basis for career or employment decisions affecting that person; or (iii) was so severe, repetitive, or pervasive, that a reasonable person would perceive, and a certain person does perceive, an intimidating, hostile, or offensive duty or working environment. (D) That under the circumstances, the conduct of the accused was either— (i) to the prejudice of good order and discipline in the Armed Forces; (ii) of a nature to bring discredit upon the Armed Forces; or (iii) to the prejudice of good order and discipline in the Armed Forces and of a nature to bring discredit on the Armed Forces. (2) Scope of conduct considered sexual in nature Whether other conduct is of a sexual nature shall be dependent upon the circumstances of the act or acts alleged and may include conduct that, without context, would not appear to be sexual in nature. (3) Nature of victim For purposes of paragraph (1)(C), a certain person extends to any person, regardless of gender or seniority, or whether subject to the Uniform Code of Military Justice, who by some duty or military-related reason may work or associate with the accused. (4) Timing and location of act The act constituting sexual harassment can occur at any location, regardless of whether the victim or accused is on or off duty at the time of the alleged act or acts. Physical proximity is not required, and the acts may be committed through online or other electronic means. (5) Mens rea The accused must have actual knowledge that the accused is making sexual advances, demands or requests for sexual favors, or engaging in other conduct of a sexual nature. Actual knowledge is not required for the other elements of the offense. 537. Determinations of impracticability of rehearing (a) Transmittal and review of records Section 865(e)(3)(B) of title 10, United States Code (article 65(e)(3)(B) of the Uniform Code of Military Justice), is amended— (1) by striking impractical .—If the Judge Advocate General and inserting the following: impracticable .— (i) In general Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) Cases referred by special victim prosecutor If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines. . (b) Courts of criminal appeals Section 866(f)(1)(C) of title 10, United States Code (article 66(f)(1)(C) of the Uniform Code of Military Justice), is amended— (1) by striking impracticable .—If the Court of Criminal Appeals and inserting the following: “ Impracticable .— (i) In general Subject to clause (ii), if the Court of Criminal Appeals ; and (2) by adding at the end the following new clause: (ii) Cases referred by special victim prosecutor If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines. . (c) Review by the court of appeals for the armed forces Section 867(e) of title 10, United States Code (article 67(e) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: Notwithstanding the preceding sentence, if a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines. . (d) Review by Judge Advocate General Section 869(c)(1)(D) of title 10, Untied States Code (article 69(c)(1)(D) of the Uniform Code of Military Justice), is amended— (1) by striking If the Judge Advocate General and inserting (i) Subject to clause (ii), if the Judge Advocate General ; (2) by striking impractical and inserting impracticable ; and (3) by adding at the end the following new clause: (ii) If a case was referred to trial by a special victim prosecutor, a special victim prosecutor shall determine if a rehearing is impracticable and shall dismiss the charges if the special victim prosecutor so determines. . 538. Plea agreements (a) Authority To enter into agreements Subsection (a) of section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended— (1) in paragraph (1), by striking At any time and inserting Subject to paragraph (3), at any time ; and (2) by adding at the end the following new paragraph: (3) With respect to charges and specifications referred to court-martial by a special victim prosecutor, a plea agreement under this section may only be entered into between a special victim prosecutor and the accused. Such agreement shall be subject to the same limitations and conditions applicable to other plea agreements under this section (article). . (b) Binding effect Subsection (d) of such section (article) is amended by inserting after parties the following: (including the convening authority and the special victim prosecutor in the case of a plea agreement entered into under subsection of (a)(3)) . 539. Opportunity to obtain witness and other evidence in trials by court-martial Subsection 846(d)(2) of title 10, United States Code (article 46(d)(2) of the Uniform Code of Military Justice), is amended— (1) by striking only if a general court-martial and inserting the following: “only if— (A) a general court-martial; ; (2) in subparagraph (A), as designated by paragraph (1) of this section, by striking a subpoena or a military judge and inserting the following: “a subpoena; (B) a military judge ; (3) In subparagraph (B), as designated by paragraph (2), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new subparagraphs: (C) a special victim prosecutor issues such a subpoena; or (D) the military counsel detailed to defend an individual suspected or accused of an offense over which a special victim prosecutor exercises authority in accordance with section 824a of this title (article 824a of the Uniform Code of Military Justice) issues such a subpoena. . 540. Former jeopardy Section 844(c) of title 10, United States Code (article 44(c) of the Uniform Code of Military Justice), is amended— (1) in paragraph (1) in the matter following subparagraph (B), by inserting or the special victim prosecutor after the convening authority ; and (2) in paragraph (2) in the matter following subparagraph (B), by inserting or the special victim prosecutor after the convening authority . 541. Advice to convening authority before referral for trial Section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), is amended— (1) In subsection (a)(1)— (A) by striking Before referral and inserting Subject to subsection (c), before referral ; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: (C) there is sufficient admissible evidence to obtain and sustain a conviction on the charged offense. . (2) in subsection (b), by striking Before referral and inserting Subject to subsection (c), before referral ; (3) by redesignating subsections (c) and (d) as subsections (d) and (e) respectively; (4) by inserting after subsection (b) the following new subsection: (c) Special victim offenses A referral to a general or special court-martial for trial of charges and specifications over which a special victim prosecutor exercises authority may only be made— (1) by a special victim prosecutor, subject to a special victim prosecutor’s written determination accompanying the referral that— (A) each specification under a charge alleges an offense under this chapter; (B) there is probable cause to believe that the accused committed the offense charged; and (C) there is sufficient admissible evidence to obtain and sustain a conviction on the charged offense; or (2) in the case of charges and specifications that do not allege a special victim offense and as to which a special victim prosecutor declines to prefer or, in the case of charges and specifications preferred by a person other than a special victim prosecutor, refer charges, by the convening authority in accordance with this section. ; and (5) in subsection (e), as redesignated by paragraph (3) of this section, by inserting or, with respect to charges and specifications over which a special victim prosecutor exercises authority in accordance with section 824a of this title (article 824a of the Uniform Code of Military Justice), a special victim prosecutor, after convening authority . 542. Preliminary hearing (a) Detail of hearing officer; waiver Subsection (a)(1) of section 832 of title 10, United States Code (article 32 of the Uniform Code of Military Justice), is amended— (1) in subparagraph (A), by striking hearing officer and all that follows through the period at the end and inserting hearing officer detailed in accordance with subparagraph (C). ; (2) in subparagraph (B), by striking written waiver and all that follows through the period at the end and inserting the following: written waiver to— (i) except as provided in clause (ii), the convening authority and the convening authority determines that a hearing is not required; and (ii) with respect to charges and specifications over which the special victim prosecutor is exercising authority in accordance with section 824a of this title (article 24a of the Uniform Code of Military Justice), the special victim prosecutor and the special victim prosecutor determines that a hearing is not required. ; and (3) by adding at the end the following new subparagraph: (C) (i) Except as provided in clause (ii), the convening authority shall detail a hearing officer. (ii) If a special victim prosecutor is exercising authority over the charges and specifications subject to a preliminary hearing under this section (article), the special victim prosecutor shall request a military judge or military magistrate to serve as the hearing officer, and a military judge or military magistrate shall be provided, in accordance with regulations prescribed by the President. . (b) Report of preliminary hearing officer Subsection (c) of such section is amended— (1) in the heading, by inserting or special victim prosecutor after convening authority ; and (2) in the matter preceding paragraph (1) by striking to the convening authority and inserting to the convening authority or, in the case of a preliminary hearing in which the hearing officer is provided at the request of a special victim prosecutor, to the special victim prosecutor, . 543. Detail of trial counsel Section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection: (e) (1) For each general and special court-martial for which charges and specifications were referred by a special victim prosecutor— (A) a special victim prosecutor or an assistant special victim prosecutor shall be detailed as trial counsel; (B) a special victim prosecutor may detail a special victim prosecutor or an assistant special victim prosecutor as an assistant trial counsel; and (C) a special victim prosecutor may request that a counsel other than a special victim prosecutor or assistant special victim prosecutor be detailed as an assistant trial counsel. (2) Details of counsel under this subsection shall be made in accordance with regulations prescribed by the President. . 544. Sentencing reform (a) Article 53; findings and sentencing Section 853 of title 10, United States Code (article 53 of the Uniform Code of Military Justice), is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) General and special courts-martial Except as provided in subsection (c) for capital offenses, if the accused is convicted of an offense in a trial by general or special court-martial, the military judge shall sentence the accused. The sentence determined by the military judge constitutes the sentence of the court-martial. ; and (2) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) In general In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death— (A) the members shall determine— (i) whether the sentence for that offense shall be death or life in prison without eligibility for parole; or (ii) whether the matter shall be returned to the military judge for determination of a lesser punishment; and (B) the military judge shall sentence the accused for that offense in accordance with the determination of the members under subparagraph (A). ; and (B) in paragraph (2), by striking the court-martial and inserting the military judge . (b) Article 53a; plea agreements Section 853a of title 10, United States Code (article 53a of the Uniform Code of Military Justice), as amended by section 538 of this Act, is further amended— (1) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Acceptance of plea agreement Subject to subsection (c), the military judge of a general or special court-martial shall accept a plea agreement submitted by the parties, except that— (1) in the case of an offense with a sentencing parameter set forth in regulations prescribed by the President pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence that is outside the sentencing parameter if the military judge determines that the proposed sentence is plainly unreasonable; and (2) in the case of an offense for which the President has not established a sentencing parameter pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge may reject a plea agreement that proposes a sentence if the military judge determines that the proposed sentence is plainly unreasonable. . (c) Article 56; sentencing Section 856 of title 10, United States Code (article 56 of the Uniform Code of Military Justice), is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (C)(vii), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (E) the applicable sentencing parameters or sentencing criteria set forth in regulations prescribed by the President pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022. ; and (B) by striking paragraphs (2) through (4) and inserting the following new paragraphs: (2) Application of sentencing parameters in general and special courts-martial (A) Requirement to sentence within parameters Except as provided in subparagraph (B), in a general or special court-martial in which the accused is convicted of an offense for which the President has established a sentencing parameter pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall sentence the accused for that offense within the applicable parameter. (B) Exception The military judge may impose a sentence outside a sentencing parameter upon finding specific facts that warrant such a sentence. If the military judge imposes a sentence outside a sentencing parameter under this subparagraph, the military judge shall include in the record a written statement of the factual basis for the sentence. (3) Use of sentencing criteria in general and special courts-martial In a general or special court-martial in which the accused is convicted of an offense for which the President has established sentencing criteria pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022, the military judge shall consider the applicable sentencing criteria in determining the sentence for that offense. (4) Offense-based sentencing in general and special courts-martial In announcing the sentence under section 853 of this title (article 53) in a general or special court-martial, the military judge shall, with respect to each offense of which the accused is found guilty, specify the term of confinement, if any, and the amount of the fine, if any. If the accused is sentenced to confinement for more than one offense, the military judge shall specify whether the terms of confinement are to run consecutively or concurrently. (5) Inapplicability to death penalty Sentencing parameters and sentencing criteria shall not apply to a determination of whether an offense should be punished by death. (6) Sentence of confinement for life without eligibility for parole (A) In general If an offense is subject to a sentence of confinement for life, a court-martial may impose a sentence of confinement for life without eligibility for parole. (B) Term of confinement An accused who is sentenced to confinement for life without eligibility for parole shall be confined for the remainder of the accused's life unless— (i) the sentence is set aside or otherwise modified as a result of— (I) action taken by the convening authority or the Secretary concerned; or (II) any other action taken during post-trial procedure or review under any other provision of subchapter IX of this chapter (the Uniform Code of Military Justice); (ii) the sentence is set aside or otherwise modified as a result of action taken by a court of competent jurisdiction; or (iii) the accused receives a pardon or another form of Executive clemency. ; and (4) in subsection (d)(1)— (A) in subparagraph (A), by striking or at the end; (B) by redesignating subparagraph (B) as subparagraph (C); (C) by inserting after subparagraph (A) the following new subparagraph: (B) in the case of a sentence for an offense with a sentencing parameter under this section, the sentence is a result of an incorrect application of the parameter; or ; and (D) in subparagraph (C), as redesignated by subparagraph (B) of this paragraph, by striking , as determined in accordance with standards and procedures prescribed by the President . (d) Article 66; courts of criminal appeals Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), as amended by section 537 of this Act, is further amended— (1) in subsection (d)(1)(A), by striking the third sentence; and (2) by amending subsection (e) to read as follows: (e) Consideration of sentence (1) In general In considering a sentence on appeal, other than as provided in section 856(e) of this title (article 56(e)), the Court of Criminal Appeals may consider— (A) whether the sentence violates the law; (B) whether the sentence is inappropriately severe— (i) if the sentence is for an offense for which the President has not established a sentencing parameter pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022; or (ii) in the case of an offense for which the President has established a sentencing parameter pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022, if the sentence is above the upper range of such sentencing parameter; (C) in the case of a sentence for an offense for which the President has established a sentencing parameter pursuant to section 544(e) of the National Defense Authorization Act for Fiscal Year 2022, whether the sentence is a result of an incorrect application of the parameter; (D) whether the sentence is plainly unreasonable; and (E) in review of a sentence to death or to life in prison without eligibility for parole determined by the members in a capital case under section 853(d) of this title (article 53(d)), whether the sentence is otherwise appropriate, under rules prescribed by the President. (2) Record on appeal In an appeal under this subsection or section 856(e) of this title (article 56(e)), other than review under subsection (b)(2), the record on appeal shall consist of— (A) any portion of the record in the case that is designated as pertinent by any party; (B) the information submitted during the sentencing proceeding; and (C) any information required by rule or order of the Court of Criminal Appeals. . (e) Establishment of sentencing parameters and sentencing criteria (1) In general Not later than two years after the date of the enactment of this Act, the President shall prescribe regulations establishing sentencing parameters and sentencing criteria related to offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), in accordance with this subsection. Such parameters and criteria— (A) shall cover sentences of confinement; and (B) may cover lesser punishments, as the President determines appropriate. (2) Sentencing parameters Sentencing parameters established under paragraph (1) shall— (A) identify a delineated sentencing range for an offense that is appropriate for a typical violation of the offense, taking into consideration— (i) the severity of the offense; (ii) the guideline or offense category that would apply to the offense if the offense were tried in a United States district court; (iii) any military-specific sentencing factors; and (iv) the need for the sentencing parameter to be sufficiently broad to allow for individualized consideration of the offense and the accused; (B) include no fewer than 5 and no more than 12 offense categories; (C) assign such offense under this chapter to an offense category unless the offense is identified as unsuitable for sentencing parameters under paragraph (4)(F)(ii); and (D) delineate the confinement range for each offense category by setting an upper confinement limit and a lower confinement limit. (3) Sentencing criteria Sentencing criteria established under paragraph (1) shall identify offense-specific factors the military judge should consider and any collateral effects of available punishments that may aid the military judge in determining an appropriate sentence when there is no applicable sentencing parameter for a specific offense. (4) Military sentencing parameters and criteria board (A) In general There is established within the Department of Defense a board, to be known as the Military Sentencing Parameters and Criteria Board (referred to in this subsection as the Board ). (B) Voting members The Board shall have 5 voting members, as follows: (i) The 4 chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), except that, if the chief trial judge of the Coast Guard is not available, the Judge Advocate General of the Coast Guard may designate as a voting member a judge advocate of the Coast Guard with substantial military justice experience. (ii) A trial judge of the Navy, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Navy. (iii) A trial judge of the Marine Corps, designated under regulations prescribed by the President, if the chief trial judges designated under section 826(g) of title 10, United States Code (article 26(g) of the Uniform Code of Military Justice), do not include a trial judge of the Marine Corps. (C) Nonvoting members The Chief Judge of the Court of Appeals for the Armed Forces, the Chairman of the Joint Chiefs of Staff, and the General Counsel of the Department of Defense shall each designate one nonvoting member of the Board. The Secretary of Defense may appoint one additional nonvoting member of the Board at the Secretary's discretion. (D) Chair and vice-chair The Secretary of Defense shall designate one voting member as chair of the Board and one voting member as vice-chair. (E) Voting requirement An affirmative vote of at least three members is required for any action of the Board under this subsection. (F) Duties of board The Board shall have the following duties: (i) As directed by the Secretary of Defense, the Board shall submit to the President for approval— (I) sentencing parameters for all offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), (other than offenses that the Board identifies as unsuitable for sentencing parameters in accordance with clause (ii)); and (II) sentencing criteria to be used by military judges in determining appropriate sentences for offenses that are identified as unsuitable for sentencing parameters in accordance with clause (ii). (ii) Identify each offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that is unsuitable for sentencing parameters. The Board shall identify an offense as unsuitable for sentencing parameters if— (I) the nature of the offense is indeterminate and unsuitable for categorization; and (II) there is no similar criminal offense under the laws of the United States or the laws of the District of Columbia. (iii) In developing sentencing parameters and criteria, the Board shall consider the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice). (iv) In addition to establishing parameters for sentences of confinement under clause (i)(I), the Board shall consider the appropriateness of establishing sentencing parameters for punitive discharges, fines, reductions, forfeitures, and other lesser punishments authorized under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). (v) The Board shall regularly— (I) review, and propose revision to, in consideration of comments and data coming to the Board's attention, the sentencing parameters and sentencing criteria prescribed under paragraph (1); and (II) submit to the President, through the Secretary of Defense, proposed amendments to the sentencing parameters and sentencing criteria, together with statements explaining the basis for the proposed amendments. (vi) The Board shall develop means of measuring the degree to which applicable sentencing, penal, and correctional practices are effective with respect to the sentencing factors and policies set forth in this section. (vii) In fulfilling its duties and in exercising its powers, the Board shall consult authorities on, and individual and institutional representatives of, various aspects of the military criminal justice system. The Board may establish separate advisory groups consisting of individuals with current or recent experience in command and in senior enlisted positions, individuals with experience in the trial of courts-martial, and such other groups as the Board deems appropriate. (viii) The Board shall submit to the President, through the Secretary of Defense, proposed amendments to the rules for courts-martial with respect to sentencing proceedings and maximum punishments, together with statements explaining the basis for the proposed amendments. 545. Uniform, document-based data system (a) In general The Secretary of Defense shall— (1) establish a single mechanism and process into and through which records, data, and information shall be collected, tracked, and maintained regarding the reporting, investigation, processing, adjudication, and final disposition of all offenses under the Uniform Code of Military Justice arising in any component of the Department of Defense; (2) prescribe uniform data points, definitions, standards, and criteria applicable to all components of the Department of Defense, for the entry of records, data, and information in and through the single mechanism and process required by paragraph (1); (3) ensure the security of the single mechanism and process and the records, data, and information maintained therein, with a particular emphasis on the security of classified information, personally identifiable information, protected health information, information that is subject to a judicial protective order or that has been placed under seal by appropriate authority, and other information of a sensitive nature, as determined by the Secretary; (4) authorize access to the single mechanism and process and the records, data, and information maintained therein to appropriately cleared personnel of a component of the Department of Defense and such other persons as the Secretary of Defense may determine, each of whom shall have a demonstrated need for such access derived from the official business of the Department of Defense; (5) maintain indefinitely all records, data, and information collected in and through the single mechanism and process; and (6) analyze the records, data, and information maintained in and through the single mechanism and process— (A) to promote the effective management and timeliness of the investigation, processing, adjudication, and disposition of offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice); (B) to ascertain the effects of the changes in law and policy required under this part and the amendments made by this part on the prevention of and response to offenses over which a special victim prosecutor at any time exercises authority in accordance with section 824a of this title (article 24a of the Uniform Code of Military Justice); (C) to inform and improve the policies, processes, reporting, and decision-making of the Department of Defense; (D) to enhance the quality of periodic reviews required by law, including under section 946 of this title (article 146 of the Uniform Code of Military Justice); (E) to enhance the quality of reports and briefings to Congress and the Committee on Armed Forces of the Senate and the Committee on Armed Forces of the House of Representatives, including those required by section 532 of the National Defense Authorization Act for Fiscal year 2007 ( Public Law 109–364 ); section 1361 of the National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ), as amended by section 575 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ), section 542 of the National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ), sections 543 and 544 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ), sections 537 and 538 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ), and section 537 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); section 574 of the National Defense Authorization Act for Fiscal Year 2017 (Public law 114–328); and section 539C of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); and (F) for such other purposes as the Secretary of Defense may prescribe. (b) Information included The records, data, and information collected, tracked, and maintained in the single mechanism and process required under subsection (a) shall include— (1) the data points and uniform definitions set forth in memoranda of the General Counsel of the Department of Defense entitled Uniform Standards and Criteria Required by Article 140a, Uniform Code of Military Justice , dated December 17, 2018, and Recording Court-Martial Demographic Information , dated June 3, 2020, and the Appendices thereto, expanded to include— (A) the progress of an offense under the Uniform Code of Military Justice through each stage of the investigative process, including a summary of the initial complaint giving rise to an inquiry or investigation by a military law enforcement, security, or intelligence organization or military criminal investigative organization, a description of how the complaint became known to such organization, and any referral to or from civilian law enforcement or investigative authorities; (B) demographic data pertaining to each victim and accused, including age, race, ethnicity, sex, and rank, as applicable, together with the nature of the relationship, if any, between a victim and an accused; (C) any action taken relative to a service member suspected or accused of an offense under the Uniform Code of Military Justice through each stage of such action from initiation to final disposition, and appeal, if any, including— (i) a decision to take no action; (ii) trial by court-martial or other judicial process; (iii) non-judicial punishment under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice); and (iv) adverse or corrective administrative action; and (D) the age, race, ethnicity, sex, and rank, as applicable, of any person who took an action documented pursuant to subparagraph (C); (2) the date on which each key action or decision relative to the offense occurred or was made; (3) a true copy of each source document or record relating to the reporting, investigation, processing, adjudication, and disposition of each offense; and (4) any other record, data, or information as prescribed by the Secretary of Defense. (c) Deadline The single mechanism and process required under subsection (a) shall be fully operational by the effective date specified in section 552 and will be used to collect, track, and maintain records, data, and information about the reporting, investigation, processing, adjudication, and final disposition of each offense under the Uniform Code of Military Justice that occurs after that date. (d) Definitions In this section: (1) Single mechanism and process (A) In general The term single mechanism and process is defined as a database, tracking system, or other mechanism and process established by the Secretary of Defense, in which records, data, and information relative to an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) arising in any component of the Department of Defense are consolidated. (B) Rule of construction Nothing in this section shall be construed to prohibit a component of the Department of Defense from creating and maintaining a separate mechanism or process for purposes similar to those described under subparagraph (A), provided that all requisite records, data, and information are primarily collected and tracked in the single mechanism and process required. (2) Race and ethnicity For purposes of ensuring the collection of uniform data points concerning race and ethnicity, the terms race and ethnicity shall have the meanings established for the terms by the Office of Management and Budget Statistical Policy Directive No. 15, Race and Ethnic Standards for Federal Statistics and Administrative Reporting, or any successor Office of Management and Budget directive. 546. Primary prevention workforce (a) Establishment The Secretary of Defense shall establish a Primary Prevention Workforce to provide a comprehensive and integrated program across the Department of Defense enterprise for the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Primary Prevention Workforce model (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a holistic model for a dedicated and capable Primary Prevention Workforce in the Department of Defense. (2) Elements The model required under paragraph (1) shall include the following elements: (A) A description of Primary Prevention Workforce roles, responsibilities, and capabilities, including— (i) the conduct of research and analysis; (ii) advising all levels of military commanders and leaders; (iii) designing and writing strategic and operational primary prevention policies and programs; (iv) integrating and analyzing data; and (v) implementing, evaluating, and adapting primary prevention programs and activities. (B) The design and structure of the Primary Prevention Workforce, including— (i) consideration of military, civilian, and hybrid manpower options; (ii) the comprehensive integration of the workforce from strategic to tactical levels of the Department of Defense and its components; and (iii) mechanisms for individuals in workforce roles to report to and align with installation-level and headquarters personnel. (C) Strategies, plans, and systematic approaches for recruiting, credentialing, promoting, and sustaining the diversity of work force roles comprising a professional workforce dedicated to primary prevention. (D) The creation of a professional, primary prevention credential that standardizes a common base of education and experience across the prevention workforce, coupled with knowledge development and skill building requirements built into the career cycle of prevention practitioners such that competencies and expertise increase over time. (E) Any other matter the Secretary of Defense determines necessary and appropriate to presenting an accurate and complete model of the Primary Prevention Workforce. (c) Reports (1) In general Not later than one year after the date of the enactment of this Act, the Secretaries of the military departments and the Chief of the National Guard Bureau each shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing how the military services and the National Guard, as applicable, will adapt and implement the primary prevention workforce model set forth in the report required under subsection (b). (2) Elements Each report submitted under subsection (a) shall include a description of— (A) expected milestones to implement the prevention workforce in the component at issue; (B) challenges associated with implementation of the workforce and the strategies for addressing such challenges; and (C) additional authorities that may be required to optimize implementation and operation of the workforce. (d) Operating capability deadline The Primary Prevention Workforce authorized under this section shall attain initial operating capability in each military department and military service and in the National Guard by not later than the effective date specified in section 552. 547. Annual primary prevention research agenda (a) In general Beginning on October 1, 2022, and annually, on the first day of each fiscal year thereafter, the Secretary of Defense shall publish a Department of Defense research agenda for that fiscal year, focused on the primary prevention of interpersonal and self-directed violence, including sexual assault, sexual harassment, domestic violence, child abuse and maltreatment, problematic juvenile sexual behavior, suicide, workplace violence, and substance misuse. (b) Elements Each annual primary prevention research agenda published under subsection (a) shall— (1) identify research priorities for that fiscal year; (2) assign research projects and tasks to the military departments and other components of the Department of Defense, as the Secretary of Defense determines appropriate; (3) allocate or direct the allocation of appropriate resourcing for each such project and task; and (4) be directive in nature and enforceable across all components of the Department of Defense, including with regard to— (A) providing for timely access to records, data and information maintained by any component of the Department of Defense that may be required in furtherance of an assigned research project or task; (B) ensuring the sharing across all components of the Department of Defense of the findings and the outcomes of any research project or task; and (C) any other matter determined by the Secretary of Defense. (c) Guiding principles The primary prevention research agenda should, as determined by the Secretary of Defense— (1) reflect a preference for research projects and tasks with the potential to yield or contribute to the development and implementation of actionable primary prevention strategies in the Department of Defense; (2) be integrated, so as to discover or test cross-cutting interventions across the spectrum of interpersonal and self-directed violence; (3) incorporate collaboration with other Federal departments and agencies, State governments, academia, industry, federally funded research and development centers, non-profit organizations, and other organizations outside of the Department of Defense; and (4) minimize unnecessary duplication of effort. (d) Budgeting The Secretary of Defense shall create a unique Program Element for and shall prioritize recurring funding to ensure the continuity of research pursuant to the annual primary prevention research agenda. 548. Full functionality of certain advisory committees and panels Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish or reconstitute, maintain, and ensure the full functionality of— (1) the Defense Advisory Committee on the Investigation, Prosecution, and Defense of sexual assault in the Armed Forces, established pursuant to section 546 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 10 U.S.C. 1561 note); (2) the Defense Advisory Committee for the Prevention of Sexual Misconduct, established pursuant to section 552 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 1561 note); and (3) the Military Justice Review Panel established pursuant to section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice)). 549. Military defense counsel parity The Secretary of Defense shall— (1) direct the Secretaries of the military departments to establish the funding, mechanisms, and processes required for service military defense counsel to exercise control of their own funds, beginning not later than one year after the date of the enactment of this Act; (2) ensure that military defense counsel have timely and reliable access to and funding for defense investigators, expert witnesses, trial support, counsel travel, and other necessary resources; (3) ensure that military defense counsel detailed to represent a servicemember accused of a special victim offense are well-trained and experienced, highly skilled, and competent in the defense of special victim cases; and (4) take or direct such other actions regarding military defense counsel as may be warranted in the interest of the fair administration of justice. 550. Resourcing (a) Report required Not later than March 1, 2022, the Secretary of Defense, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report detailing the resourcing necessary to implement this part and the amendments made by this part. (b) Elements The report required under subsection (a) shall include the following elements: (1) The number of additional personnel and personnel authorizations—military and civilian—required by the Office of the Secretary of Defense, each of the military departments, and any other component of the Department of Defense, to implement and execute the provisions of this part and the amendments made by this part by the effective date specified in section 552. (2) The basis for the number provided pursuant to paragraph (1), including the following: information (A) A description of the organizational structure in which such personnel or groups of personnel are or will be aligned. (B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across the domains of policy-making, execution, assessment, and oversight. (C) The optimum caseload goal assigned to the following categories of personnel who are or will participate in the military justice process: criminal investigators of different levels and expertise, laboratory personnel, defense counsel, special victim prosecutors and assistant special victim prosecutors, military defense counsel, military judges, and military magistrates. (D) Any required increase in the number of personnel currently authorized in law to be assigned to the Office of the Secretary of Defense and other Department of Defense headquarters. (3) The nature and scope of any contract required by the Office of the Secretary of Defense, each of the military departments, and any other component of the Department of Defense to implement and execute the provisions of this part and the amendments made by this part by the effective date specified in section 552. (4) The amount and types of additional funding required by the Department of Defense to implement the provisions of this part and the amendments made by this part by the effective date specified. (5) Any additional authorities required to implement the provisions of this part and the amendments made by this part by the effective date specified. (6) Any additional information the Secretary of Defense determines is necessary to ensure the manning, equipping, and resourcing of the Department of Defense to implement and execute the provisions of this part and the amendments made by this part. 551. Applicability to the United States Coast Guard The Secretary of Defense shall consult and enter into an agreement with the Secretary of Homeland Security to apply the provisions of this part and the amendments made by this part, and the policies, mechanisms, and processes established pursuant to such provisions, to the United States Coast Guard when it is operating as a service in the Department of Homeland Security. 552. Effective date (a) In general The amendments made by this part shall take effect on the date that is two years after the date of the enactment of this Act and shall apply with respect to offenses that occur after that date. (b) Regulations (1) Requirement The President shall prescribe regulations to carry out this part, including the regulations setting forth the sentencing parameters and guidelines required under section 544(e), and the amendments made by this part not later than two years after the date of the enactment of this Act. (2) Impact of delay of issuance If the President does not prescribe regulations to carry out this part, including the regulations setting forth the sentencing parameters and guidelines required under section 544(e), before the date that is two years after the date of the enactment of this Act, the amendments made by this part shall take effect on the date on which such regulations are prescribed and shall apply with respect to offenses that occur on or after that date. II Military justice improvement and increasing prevention 561. Short title This part may be cited as the Military Justice Improvement and Increasing Prevention Act of 2021 . 562. Improvement of determinations on disposition of charges for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year (a) Improvement of determinations (1) Military departments With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c), the Secretary of Defense shall require the Secretaries of the military departments to provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (C) Determinations under section 834 of such chapter (article 34 of the Uniform Code of Military Justice) on the referral of charges. (2) Homeland security With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense specified in subsection (b) and not excluded under subsection (c) against a member of the Coast Guard (when it is not operating as a service in the Navy), the Secretary of Homeland Security shall provide as described in subsection (d) for the determinations as follows: (A) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the preferral of charges. (B) Determinations under section 830 of such chapter (article 30 of the Uniform Code of Military Justice) on the disposition of charges. (C) Determinations under section 834 of such chapter (article 34 of the Uniform Code of Military Justice) on the referral of charges. (3) Rule of construction This section shall not be construed to terminate or otherwise alter the authorities enumerated in any articles of the Uniform Code of Military Justice other than articles 30 and 34 ( 10 U.S.C. 830 , 834). (b) Covered offenses An offense specified in this subsection is an offense as follows: (1) (A) Offenses under the following sections of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized under that chapter includes confinement for more than one year: sections 893a, 917a, 918, 919, 919a, 919b, 920, 920a, 920b, 920c, 921, 921a, 921b, 922, 924, 924a, 924b, 925, 926, 927, 928(b) and (c), 928a, 928b, 930, 931, 931a, 931b, 931c, 931d, 931e, 931f, 931g, and 932 (articles 93a, 117a, 118, 119, 119a, 119b, 120, 120a, 120b, 120c, 121, 121a, 121b, 122, 124, 124a, 124b, 125, 126, 127, 128(b) and (c), 128a, 128b, 130, 131, 131a, 131b, 131c, 131d, 131e, 131f, 131g, and 132, respectively, of the Uniform Code of Military Justice). (B) The offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution, as punishable under the general punitive article in 934 of such title (article 134 of the Uniform Code of Military Justice). (2) A conspiracy to commit an offense specified in paragraph (1) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (3) A solicitation to commit an offense specified in paragraph (1) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (4) An attempt to commit an offense specified in paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (c) Excluded offenses Subsection (a) does not apply to an offense as follows: (1) An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117 of the Uniform Code of Military Justice), but not an offense under section 893a of such title (article 93a of the Uniform Code of Military Justice). (2) An offense under section 922a, 923, 923a, or 928(a) of title 10, United States Code (articles 122a, 123, 123a, and 128(a) of the Uniform Code of Military Justice). (3) An offense under section 933 or 934 of title 10, United States Code (articles 133 and 134 of the Uniform Code of Military Justice), but not the offense of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, or pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). (4) A conspiracy to commit an offense specified in paragraphs (1) through (3) as punishable under section 881 of title 10, United States Code (article 81 of the Uniform Code of Military Justice). (5) A solicitation to commit an offense specified in paragraphs (1) through (3) as punishable under section 882 of title 10, United States Code (article 82 of the Uniform Code of Military Justice). (6) An attempt to commit an offense specified in paragraphs (1) through (3) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (d) Requirements and limitations The disposition of charges covered by subsection (a) shall be subject to the following: (1) The determination whether to cause charges to be preferred or refer such charges to a court-martial for trial, as applicable, shall be made by a commissioned officer of the Armed Forces designated as a court-martial convening authority in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O–6 or higher who— (A) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice); (B) have significant experience in trials by general or special court-martial; and (C) are outside the chain of command of the member subject to such charges. (2) Upon a determination under paragraph (1) to refer charges to a court-martial for trial, the officer making that determination shall determine whether to refer such charges for trial by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). (3) A determination under paragraph (1) to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall cover all known offenses, including lesser included offenses. (4) The determination to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, under paragraph (1), and the type of court-martial to which to refer under paragraph (2), shall be binding on any applicable convening authority for the referral of such charges. (5) The actions of an officer described in paragraph (1) in determining under that paragraph whether or not to cause charges to be preferred or refer charges to a court-martial for trial, as applicable, shall be free of unlawful or unauthorized influence or coercion. (6) The determination under paragraph (1) not to refer charges to a general or special court-martial for trial shall not operate to terminate or otherwise alter the authority of commanding officers to refer charges for trial by special court-martial under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice) or summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice). (7) The determination under paragraph (1) to refer charges to a general or special court-martial shall not be subject to section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), provided that the officer making the determination determines that— (A) the specification alleges an offense under the Uniform Code of Military Justice; (B) there is probable cause to believe that the accused committed the offense charged; and (C) a court-martial would have jurisdiction over the accused and the offense. (e) Construction with charges on other offenses Nothing in this section shall be construed to alter or affect the preferral, disposition, or referral authority of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense for which the maximum punishment authorized under that chapter includes confinement for one year or less, except for the offenses of child pornography, negligent homicide, indecent conduct, indecent language communicated to any child under the age of 16 years, and pandering and prostitution as punishable under the general punitive article in section 934 of such title (article 134 of the Uniform Code of Military Justice). (f) Policies and procedures (1) In general The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall revise policies and procedures as necessary to comply with this section. (2) Uniformity The General Counsel of the Department of Defense and the General Counsel of the Department of Homeland Security shall jointly review the policies and procedures revised under this subsection in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments and the Department of Homeland Security does not render unconstitutional any policy or procedure, as so revised. (g) Manual for Courts-Martial The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this section. (h) Improved specialization of criminal investigators The Secretary of Defense shall revise policies and procedures as necessary to improve specialization of criminal investigators to help increase the efficiency and effectiveness of sexual assault and domestic violence investigations. 563. Modification of officers authorized to convene general and special courts-martial for certain offenses under UCMJ with authorized maximum sentence of confinement of more than one year (a) In general Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended— (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following new paragraph (8): (8) with respect to offenses to which section 562(a) of the Military Justice Improvement and Increasing Prevention Act of 2021 applies, the officers in the offices established pursuant to section 563(c) of that Act or officers in the grade of O–6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, or the Commandant of the Coast Guard; . (b) No exercise by officers in chain of command of accused or victim Such section (article) is further amended by adding at the end the following new subsection: (c) An officer specified in subsection (a)(8) may not convene a court-martial under this section if the officer is in the chain of command of the accused or the victim. . (c) Offices of Chiefs of Staff on Courts-Martial (1) Offices required Each Chief of Staff of the Armed Forces or Commandant specified in paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection (a), shall establish an office to do the following: (A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code (articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (8) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended, with respect to offenses to which section 562(a) applies. (B) To detail under section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). (2) Personnel The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense, or such members of the Coast Guard or civilian personnel of the Department of Homeland Security, as may be detailed or assigned to the office by the Chief of Staff or Commandant concerned. The members and personnel so detailed or assigned, as the case may be, shall be detailed or assigned from personnel billets in existence as of the effective date for this part specified in section 570. 564. Discharge using otherwise authorized personnel and resources (a) In general The Secretaries of the military departments and the Secretary of Homeland Security (with respect to the Coast Guard when it is not operating as a service in the Navy) shall carry out sections 562 and 563 using personnel, funds, and resources otherwise authorized by law. (b) No authorization of additional personnel or resources Sections 562 and 563 shall not be construed as authorizations for personnel, personnel billets, or funds for the discharge of the requirements in such sections. 565. Monitoring and assessment of modification of authorities by Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces Section 546(c) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 10 U.S.C. 1561 note) is amended— (1) in paragraph (1)— (A) by striking on the investigation and inserting “on the following: (A) The investigation ; and (B) by adding at the end the following new subparagraph: (B) The implementation and efficacy of sections 562 through 564 of the Military Justice Improvement and Increasing Prevention Act of 2021 and the amendments made by such sections. ; and (2) in paragraph (2), by striking paragraph (1) and inserting paragraph (1)(A) . 566. Limitation on modifications to sexual assault reporting procedures (a) In general The Secretary of Defense may not amend section 4 of enclosure 4 of Department of Defense Instruction (DoDI) 6495.02, relating to Sexual Assault Prevention and Response (SAPR) Program Procedures, or otherwise prescribe any regulations or guidance relating to the treatment and handling of unrestricted and restricted reports of sexual assault, until 30 days after notifying the congressional defense committees of the proposed amendment or modification. (b) Congressional defense committees defined In this section, the term congressional defense committees has the meaning given the term in section 101(a) of title 10, United States Code. 567. Professionalization of military prosecutors (a) In general The Secretary of Defense shall increase enhanced and specialized training to certain prosecutors on the proper conduct, presentation, and handling of sexual assault and domestic violence cases. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program implemented under subsection (a). 568. Increased training and education on military sexual assault (a) Uniformed officers and senior enlisted leaders (1) Uniformed officers All uniformed officers of the military services shall be required within 2 years of the date of the enactment of this Act to complete training on military sexual assault prevention equivalent to that provided to Sexual Assault Prevention and Response Victim Advocates before those officers may be considered for promotion to a grade at or above O–5. A portion of this training shall be in-person, facilitated training. (2) Enlisted leaders All senior enlisted leaders of the military services will be required within 2 years of the date of the enactment of this Act to complete a training on military sexual assault prevention equivalent to that provided to the Sexual Assault Prevention and Response Victim Advocates before enlisted service members may be considered for promotion to a grade at or above E–9. A portion of this training shall be in-person, facilitated training. (b) Officer candidates and ROTC (1) In general The United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall carry out a program for increasing training on the prevention of military sexual assault within cadet ranks. A portion of this training shall be in-person, facilitated training. (2) Report on development of plan Not later than 180 days after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the development of the program required under paragraph (1) and a plan for execution. (3) Report on implementation Not later than 2 years after the date of the enactment of this Act, the United States Army Cadet Command, the Naval Education and Training Command, the Air Education and Training Command, and the Coast Guard Recruiting Command shall submit to the congressional defense committees a report on the implementation of the program required under paragraph (1). (c) Military service academies (1) In general The Superintendents of the military service academies shall carry out additional military sexual assault prevent training and education at the academies. A portion of this training shall be in-person, facilitated training. (2) Report The Secretary of Defense, in consultation with the Superintendents of the military service academies, shall submit a report to the congressional defense committees describing the additional training and education implemented pursuant to paragraph (1). 569. Increasing the physical security of military installations (a) Survey Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct a survey of all lodging and living spaces on military installations to identify, replace, or repair locking mechanisms on points of entry, identify areas of installation of closed-circuit television (CCTV) security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the survey conducted under subsection (a). (c) Program Based on the results of the survey conducted under subsection (a), the Secretary of Defense shall carry out a program for increasing the security of all lodging and living spaces on military installations, including replacing or repairing locking mechanisms on points of entry, installation of CCTV security cameras, and other passive security measures as necessary to increase the prevention of crimes, including sexual assault, on military installations. 570. Effective date and applicability (a) Effective date and applicability This part and the amendments made by this part shall take effect 180 days after the date of the enactment of this Act, and shall apply with respect to any allegation of charges of an offense specified in subsection (b) of section 562, and not excluded under subsection (c) of section 562, which offense occurs on or after such effective date. (b) Revisions of policies and procedures Any revision of policies and procedures required of the military departments or the Department of Homeland Security as a result of this part and the amendments made by this part shall be completed so as to come into effect together with the coming into effect of this part and the amendments made by this part in accordance with subsection (a). E Member education, training, and transition 571. Modification of grant program supporting science, technology, engineering, and math education in the Junior Reserve Officers' Training Corps to include quantum information sciences Section 2036(g)(2) of title 10, United States Code, as added by section 513(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) by redesignating subparagraphs (J) through (M) as subparagraphs (K) through (N), respectively; and (2) by inserting after subparagraph (I) the following new subparagraph: (J) quantum information sciences; . 572. Allocation of authority for nominations to the military service academies in the event of the death, resignation, or expulsion from office of a member of Congress (a) United States Military Academy (1) In general Chapter 753 of title 10, United States Code, is amended by inserting after section 7442 the following new section: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 7442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned. (b) Representatives In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 7442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Construction of authority Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination for cadets otherwise authorized the Senator under section 7442 of this title or any other provision of law. . (2) Clerical amendment The table of sections at the beginning of chapter 753 of such title is amended by inserting after the item relating to section 7442 the following new item: 7442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate. . (b) United States Naval Academy (1) In general Chapter 853 of title 10, United States Code, is amended by inserting after section 8454 the following new section: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned. (b) Representatives In the event a Representative from a State does not submit nominations for midshipmen for an academic year in accordance with section 8454(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for midshipmen for the academic year, the nominations for midshipmen otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Construction of authority Any nomination for midshipmen made by a Senator pursuant to this section is in addition to any nomination for midshipmen otherwise authorized the Senator under section 8454 of this title or any other provision of law. . (2) Clerical amendment The table of sections at the beginning of chapter 853 of such title is amended by inserting after the item relating to section 8454 the following new item: 8454a. Midshipmen: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate. . (c) Air Force Academy (1) In general Chapter 953 of title 10, United States Code, is amended by inserting after section 9442 the following new section: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate (a) Senators In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 9442(a)(3) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator's successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned. (b) Representatives In the event a Representative from a State does not submit nominations for cadets for an academic year in accordance with section 9442(a)(4) of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Representative's successor as Representative occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Representative pursuant to such section shall be made instead by the Senators from the State from the district of the Representative, with such nominations divided equally among such Senators and any remainder going to the senior Senator from the State. (c) Construction of authority Any nomination for cadets made by a Senator pursuant to this section is in addition to any nomination of cadets otherwise authorized the Senator under section 9442 of this title or any other provision of law. . (2) Clerical amendment The table of sections at the beginning of chapter 953 of such title is amended by inserting after the item relating to section 9442 the following new item: 9442a. Cadets: nomination in event of death, resignation, or expulsion from office of member of Congress otherwise authorized to nominate. . 573. Troops-to-Teachers Program (a) Requirement to carry out program Section 1154(b) of title 10, United States Code, is amended by striking may and inserting shall . (b) Reporting requirement Section 1154 of title 10, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: (i) Annual report (1) Not later than December 1, 2022, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the Program. (2) The report required under paragraph (1) shall include the following elements: (A) The total cost of the Program for the most recent fiscal year. (B) The total number of teachers placed during such fiscal year and the locations of such placements. (C) An assessment of the STEM backgrounds of the teachers placed, the number of placements in high-need schools, and any other metric or information the Secretary considers appropriate to illustrate the cost and benefits of the program to members of the armed forces, veterans, and local educational agencies. (3) In this subsection, the term appropriate congressional committees means— (A) the Committee on Armed Services and the Committee on Help, Education, Labor, and Pensions of the Senate; and (B) the Committee on Armed Services and the Committee on Education and Labor of the House of Representatives. . (c) Sunset Section 1154 of title 10, United States Code, as amended by subsection (b), is further amended by adding at the end the following new subsection: (k) Sunset The Program shall terminate on July 1, 2025, with respect to the selection of new participants for the program. Participants in the Program as of that date may complete their program, and remain eligible for benefits under this section. . 574. Combating foreign malign influence Section 589E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking subsections (d) and (e); and (2) by inserting after subsection (c) the following new subsections: (d) Establishment of working group (1) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall establish a working group to assist the official designated under subsection (b), as follows: (A) In the identification of mediums used by covered foreign countries to identify, access, and endeavor to influence servicemembers and Department of Defense civilian employees through foreign malign influence campaigns and the themes conveyed through such mediums. (B) In coordinating and integrating the training program under this subsection in order to enhance and strengthen servicemember and Department of Defense civilian employee awareness of and defenses against foreign malign influence, including by bolstering information literacy. (C) In such other tasks deemed appropriate by the Secretary of Defense or the official designated under subsection (b). (2) The official designed under subsection (b) and the working group established under this subsection shall consult with the Foreign Malign Influence Response Center established pursuant to section 3059 of title 50, United States Code. (e) Report required Not later than 18 months after the establishment of the working group, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the working group, its activities, the effectiveness of the counter foreign malign influence activities carried out under this section, the metrics applied to determined effectiveness, and the actual costs associated with actions undertaken pursuant to this section. (f) Definitions In this section: (1) Foreign malign influence The term foreign malign influence has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ). (2) Covered foreign country The term covered foreign country has the meaning given that term in section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059 ) (3) Information literacy The term information literacy means the set of skills needed to find, retrieve, understand, evaluate, analyze, and effectively use information (which encompasses spoken and broadcast words and videos, printed materials, and digital content, data, and images). . 575. Prohibition on implementation by United States Air Force Academy of civilian faculty tenure system The Secretary of Defense may not implement a civilian faculty tenure system for the United States Air Force Academy (in this section referred to as the Academy ) until the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the following: (1) How a civilian faculty tenure system would promote the mission of the Academy. (2) How a civilian faculty tenure system would affect the current curricular governance process of the Academy. (3) How the Academy will determine the number of civilian faculty at the Academy who would be granted tenure. (4) How a tenure system would be structured for Federal employees at the Academy, including exact details of specific protections and limitations. (5) The budget implications of implementing a tenure system for the Academy. (6) The faculty qualifications that would be required to earn and maintain tenure. (7) The reasons for termination of tenure that will be implemented and how a tenure termination effort would be conducted. F Military family readiness and dependents' education 581. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel (a) Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees (1) Assistance to schools with significant numbers of military dependent students Of the amount authorized to be appropriated for fiscal year 2022 by section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $50,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 20 U.S.C. 7703b ). (2) Local educational agency defined In this subsection, the term local educational agency has the meaning given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). (b) Impact aid for children with severe disabilities (1) In general Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398 ; 114 Stat. 1654A–77; 20 U.S.C. 7703a ). (2) Additional amount Of the amount authorized to be appropriated for fiscal year 2022 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for use by the Secretary of Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities. (3) Report Not later than March 31, 2022, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the Department’s evaluation of each local educational agency with higher concentrations of military children with severe disabilities and subsequent determination of the amounts of impact aid each such agency shall receive. 582. Pilot program to establish employment fellowship opportunities for military spouses (a) Establishment Not later than one year after the date of the enactment of this Act, the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. In carrying out the pilot program, the Secretary shall take the following steps: (1) Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses. (2) Determine the appropriate capacity for the pilot program based on annual funding availability. (3) Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment. (b) Limitation on total amount of assistance The total amount of the pilot program may not exceed $5,000,000 over the life of the pilot. (c) Reports Not later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements: (1) The number of spouses who participated in the pilot program annually. (2) The amount of funding spent through the pilot program annually. (3) A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent. (d) Final report Not later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements: (1) The number of spouses who participated in the pilot program. (2) The amount of funding spent through the pilot program. (3) An evaluation of outcomes. (4) A recommendation of the Secretary regarding whether to make the pilot program permanent. (e) Termination The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program. G Other matters and reports 591. Amendments to additional Deputy Inspector General of the Department of Defense Section 554(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking Secretary of Defense and inserting Inspector General of the Department of Defense ; (B) in subparagraph (A), by striking of the Department ; and (C) in subparagraph (B), by striking report directly to and serve and inserting be ; (2) in paragraph (2)(A)— (A) in the matter preceding clause (i), by striking Conducting and supervising audits, investigations, and evaluations and inserting Developing and carrying out a plan for the conduct of comprehensive oversight, including through the conduct and supervision of audits, investigations, and inspections ; and (B) in clause (ii), by striking duties of and inserting duties assigned to ; and (3) in paragraph (4)— (A) in subparagraph (B)— (i) by striking Secretary and ; and (ii) by inserting before the period at the end the following: , for inclusion in the next semiannual report of the Inspector General under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). ; (B) in subparagraph (C), by striking and Inspector General ; (C) in subparagraph (D)— (i) by striking Deputy ; (ii) by striking and the Inspector General ; and (iii) by striking direct and inserting direct or determine, as the case may be ; and (D) in subparagraph (E), by striking of the Department and all that follows through Representatives and inserting consistent with the requirements of the Inspector General Act of 1978 (5 U.S.C. App.) . 592. Inclusion of Senior Reserve Officers’ Training Corps data in diversity and inclusion reporting Section 113(m) of title 10, United States Code, as amended by section 551(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (1) by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively; and (2) by inserting after paragraph (4) the following new paragraph: (5) The number of graduates of the Senior Reserve Officers’ Training Corps during the fiscal year covered by the report, disaggregated by gender, race, and ethnicity, for each military department. . 593. Modified deadline for establishment of special purpose adjunct to Armed Services Vocational Aptitude Battery test Section 594 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking Not later than one year after the date of the enactment of this Act and inserting Not later than October 1, 2024 . 594. Reports on Air Force personnel performing duties of a Nuclear and Missile Operations Officer (13N) (a) In general The Secretary of the Air Force shall submit to the congressional defense committees a report on personnel performing the duties of a Nuclear and Missile Operations Officer (13N)— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements Each report required by subsection (a) shall include the following: (1) The number of Nuclear and Missile Operations Officers commissioned, by commissioning source, during the most recent fiscal year that ended before submission of the report. (2) A description of the rank structure and number of such officers by intercontinental ballistic missile operational group during that fiscal year. (3) The retention rate of such officers by intercontinental ballistic missile operational group during that fiscal year and an assessment of reasons for any loss in retention of such officers. (4) A description of the rank structure and number of officers by intercontinental ballistic missile operational group performing alert duties by month during that fiscal year. (5) A description of the structure of incentive pay for officers performing 13N duties during that fiscal year. (6) A personnel manning plan for managing officers performing alert duties during the period of five fiscal years after submission of the report. (7) A description of methods, with metrics, to manage the transition of Nuclear and Missile Operations Officers, by intercontinental ballistic missile operational group, to other career fields in the Air Force. (8) Such other matters as the Secretary considers appropriate to inform the congressional defense committees with respect to the 13N career field during the period of five to ten fiscal years after submission of the report. 595. Reports on security force personnel performing protection level one duties (a) In general The Secretary of the Air Force shall submit to the congressional defense committees a report on the status of security force personnel performing protection level one (PL–1) duties— (1) not later than 90 days after the date of the enactment of this Act; and (2) concurrent with the submission to Congress of the budget of the President for each of fiscal years 2023 through 2027 pursuant to section 1105(a) of title 31, United States Code. (b) Elements Each report required by subsection (a) shall include the following: (1) The number of Air Force personnel performing, and the number of unfilled billets designated for performance of, PL–1 duties on a full-time basis during the most recent fiscal year that ended before submission of the report. (2) The number of such personnel disaggregated by mission assignment during that fiscal year. (3) The number of such personnel and unfilled billets at each major PL–1 installation during that fiscal year and a description of the rank structure of such personnel. (4) A statement of the time, by rank structure, such personnel were typically assigned to perform PL–1 duties at each major PL–1 installation during that fiscal year. (5) The retention rate for security personnel performing such duties during that fiscal year. (6) The number of Air Force PL–1 security force members deployed to support another Air Force mission or a joint mission with another military department during that fiscal year. (7) A description of the type of training for security personnel performing PL–1 duties during that fiscal year. (8) An assessment of the status of replacing the existing fleet of high mobility multipurpose wheeled vehicles (HMMWV) and BearCat armored vehicles, by PL–1 installation. (9) Such other matters as the Secretary considers appropriate relating to security force personnel performing PL–1 duties during the period of five fiscal years after submission of the report. VI MILITARY COMPENSATION 601. Basic needs allowance for members on active service in the Armed Forces (a) In general Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: 402b. Basic needs allowance for members on active service in the armed forces (a) Allowance required The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c). (b) Eligible members A member on active service in the armed forces is eligible for the allowance under subsection (a) if— (1) the member has completed initial entry training; (2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and (3) the member— (A) is not ineligible for the allowance under subsection (d); and (B) does not elect under subsection (g) not to receive the allowance. (c) Amount of allowance The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to— (1) (A) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus (B) the gross household income of the member during the preceding calendar year; divided by (2) 12. (d) Bases of ineligibility (1) In general The following members are ineligible for the allowance under subsection (a): (A) A member who does not have any dependents. (B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces. (2) Household with more than one eligible member In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect. (3) Automatic ineligibility of members receiving certain pay increases A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j). (4) Ineligibility of certain changes in income A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank. (e) Application by members seeking allowance (1) In general A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance. (2) Timing of submission A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually. (3) Voluntary submission The submission of an application under paragraph (1) is voluntary. (4) Screening of members for eligibility The Secretary of Defense shall— (A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and (B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1). (f) Determinations of eligibility (1) In general The Secretary concerned shall— (A) determine whether each individual who submits an application under subsection (e) is eligible for the allowance under subsection (a); and (B) notify each such individual, in writing, of that determination. (2) Information included in notice The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible. (g) Election not to receive allowance (1) In general A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance. (2) Deemed ineligible A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a). (h) Special rule for members stationed outside United States In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States. (i) Reports required Not later than December 31, 2025, and June 1, 2028, the Secretary of Defense shall submit to the congressional defense committees a report on the effect of the allowance under subsection (a) on food insecurity among members of the armed forces. (j) Regulations Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section. (k) Effective period (1) Implementation period The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (2) Termination The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027. (l) Definitions In this section: (1) Gross household income The term gross household income , with respect to a member, includes all household income derived from any source. (2) Household The term household means a member and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents. . (b) Clerical amendment The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item: 402b. Basic needs allowance for members on active service in the armed forces. . 602. Equal incentive pay for members of the reserve components of the Armed Forces (a) In general Subchapter II of chapter 5 of title 37, United States Code, is amended by adding at the end the following new section: 357. Incentive pay authorities for members of the reserve components of the armed forces The Secretary concerned shall pay a member of the reserve component of an armed force incentive pay in the same monthly amount as that paid to a member in the regular component of such armed force performing comparable work requiring comparable skills. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 356 the following: 357. Incentive pay authorities for members of the reserve components of the armed forces. . 603. Extension of expiring travel and transportation authorities (a) Lodging in kind for reserve component members performing training (1) In general Section 12604 of title 10, United States Code, is amended— (A) by amending the section heading to read as follows: Lodging: Reserves attending training ; and (B) by adding at the end the following new subsection: (c) Lodging in kind (1) In the case of a member of a reserve component performing active duty for training or inactive duty training who is not otherwise entitled to travel and transportation allowances in connection with such duty, the Secretary concerned may reimburse the member for housing service charge expenses incurred by the member in occupying transient government housing during the performance of such duty. If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind. (2) Any payment or other benefit under this subsection shall be provided in accordance with regulations prescribed by the Secretary concerned. (3) The Secretary may pay service charge expenses under paragraph (1) and expenses of providing lodging in kind under such paragraph out of funds appropriated for operation and maintenance for the reserve component concerned. Use of a Government charge card is authorized for payment of such expenses. (4) Decisions regarding the availability or adequacy of government housing at a military installation under paragraph (1) shall be made by the installation commander. . (2) Clerical amendment The table of sections for chapter 1217 of such title is amended by striking the item relating to section 12604 and inserting the following new item: 12604. Lodging: Reserves attending training. . (b) Mandatory pet quarantine fees for household pets Section 451(b)(8) of title 37, United States Code, is amended by adding at the end the following new sentence: Such costs include pet quarantine expenses. . (c) Student dependent transportation (1) In general Section 452(b) of title 37, United States Code, is amended by adding at the end the following new paragraphs: (18) Travel by a dependent child to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is not in the continental United States, Alaska, or Hawaii. (19) Travel by a dependent child within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member of the uniformed services is in Alaska or Hawaii and the school is located in a State other than the State of the permanent duty assignment location. . (2) Definitions Section 451 of title 37, United States Code, is amended— (A) in subsection (a)(2)(H), by adding at the end the following new clauses: (vii) Transportation of a dependent child of a member of the uniformed services to the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is not in the continental United States, Alaska, or Hawaii. (viii) Transportation of a dependent child of a member of the uniformed services within the United States to obtain formal secondary, undergraduate, graduate, or vocational education, if the permanent duty assignment location of the member is in Alaska or Hawaii and the school is located in a State other than the State of the permanent duty assignment location. ; and (B) in subsection (b), by adding at the end the following new paragraph: (10) (A) The term permanent duty assignment location means— (i) the official station of a member of the uniformed services; or (ii) the residence of a dependent of a member of the uniformed services. (B) For purposes of subparagraph (A)(ii), the permanent duty assignment location of a dependent who is a student not living with the member while attending school is the residence of the dependent. . (d) Dependent transportation incident to ship construction, inactivation, and overhauling (1) In general Section 452 of title 37, United States Code, as amended by subsection (c), is further amended— (A) in subsection (b), by adding at the end the following new paragraph: (20) Subject to subsection (i), travel by a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction. ; and (B) by adding at the end the following new subsection: (i) Dependent transportation incident to ship construction, inactivation, and overhauling The authority under subsection (a) for travel in connection with circumstances described in subsection (b)(20) shall be subject to the following terms and conditions: (1) The member of the uniformed services is required to be permanently assigned to the ship for 31 or more consecutive days to be eligible for allowances, and the transportation allowances accrue on the 31st day and every 60 days thereafter. (2) Transportation in kind, reimbursement for personally procured transportation, or a monetary allowance for mileage in place of the cost of transportation may be provided, in lieu of the member's entitlement to transportation, for the member’s dependents from the location that was the home port of the ship before commencement of overhaul, inactivation, or construction to the port of overhaul, inactivation, or construction. (3) The total reimbursement for transportation for the member’s dependents may not exceed the cost of one Government-procured commercial round-trip travel. . (2) Definitions Section 451(a)(2)(H) of title 37, United States Code, as amended by subsection (c), is further amended by adding at the end the following new clause: (ix) Transportation of a dependent to a location where a member of the uniformed services is on permanent duty aboard a ship that is overhauling, inactivating, or under construction. . 604. Repeal of expiring travel and transportation authorities (a) In general Effective December 31, 2021, subchapter III of chapter 8 of title 37, United States Code, is repealed. (b) Clerical amendment The table of sections at the beginning of chapter 8 of such title is amended by striking the items relating to subchapter III and sections 471 through 495. 605. One-year extension of certain expiring bonus and special pay authorities (a) Authorities relating to reserve forces Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2021 and inserting December 31, 2022 . (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 2130a(a)(1), relating to nurse officer candidate accession program. (2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve. (c) Authorities relating to nuclear officers Section 333(i) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022 . (d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities The following sections of title 37, United States Code, are amended by striking December 31, 2021 and inserting December 31, 2022 : (1) Section 331(h), relating to general bonus authority for enlisted members. (2) Section 332(g), relating to general bonus authority for officers. (3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers. (4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions. (5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers' Training Corps. (6) Section 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authority to provide temporary increase in rates of basic allowance for housing Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2021 and inserting December 31, 2022 . 606. Requirements in connection with suspension of retired pay and retirement annuities (a) Notice before suspension of payment (1) In general The Defense Finance and Accounting Service may not suspend the payment to a military retiree or annuitant of retired or retainer pay or an annuity otherwise provided by law until 90 days after the date of the delivery of written notice to such military retiree or annuitant, as applicable, or a designated representative, of the suspension. (2) Elements Each notice of a suspension of payment under paragraph (1) shall set forth the following: (A) The payment proposed to be suspended. (B) A full description of the basis for the proposed suspension. (C) Notice of the right of the military retiree or annuitant concerned, or a designated representative, to submit matters in response to the proposed suspension. (b) Suspension of payment following lack of timely response (1) In general If at the end of the 90-day period beginning on the date of the delivery of a notice of suspension of payment under subsection (a) the military retiree or annuitant concerned, or a designated representative, has not submitted to the Defense Finance and Accounting Service a response to such notice, the Service may suspend payment as described in such notice. (2) Construction of lack of response The lack of response of a military retiree, annuitant, or designated representative to a notice under subsection (a) within the 90-day period described in paragraph (1) shall not constitute a waiver of the right to submit a response to the suspension of payment proposed in such notice at some date after such period. (c) DFAS determination on timely response (1) In general If a military retiree, annuitant, or designated representative responds to a notice of suspension of payment under subsection (a) within the 90-day period beginning on the date of delivery of such notice, the Defense Finance and Accounting Service shall, not later than 30 days after the date of receipt of such response— (A) make a final determination of whether the suspension of payment remains warranted; and (B) submit to the military retiree, annuitant, or designated representative a notice of such final determination. (2) Prohibition on suspension pending action The Service may not suspend any payment covered by a response described in paragraph (1) while taking action with respect to such response pursuant to that paragraph. (d) Recovery of overpayment If the Defense Finance and Accounting Service determines in connection with any suspension of payment provided for pursuant to subsection (b) or (c) that the military retiree or annuitant concerned has received any overpayment of any amount to which such suspension of payment relates, the Secretary of Defense may take appropriate action to recover such overpayment. (e) Preservation of authority for immediate suspension in certain cases (1) In general Nothing in this section shall be construed to prohibit the Secretary of Defense from immediately suspending payment to a military retiree or annuitant in a case as follows: (A) A case in which the Secretary determines that the initial claim for payment was based upon a fraudulent application. (B) A case in which payment is being diverted to a person ineligible to receive payment due to suspected identity theft or similar criminal act. (C) A case involving immediate termination of retired or retainer pay as a result of a conviction of a criminal offense. (2) Date for commencement of suspension Payment may be suspended under this subsection effective upon the date that the Secretary refers the report of the suspected fraud or similar unauthorized payment in question to a law enforcement organization. (f) Annual eligibility determination procedures Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe in regulations a single annual eligibility determination procedure for determinations of eligibility for military retired or retainer pay and survivor annuities in connection with military service as a replacement of the current procedures in connection with the Certificate of Eligibility and Report of Existence for military retirees and annuitants. (g) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretary of Veterans Affairs and the Secretary of Homeland Security, submit to the appropriate committees of Congress a report on a process by which notifications of the death of a military retiree or annuitant may be shared among such Secretaries for the purpose of determining the termination of eligibility for benefits administered by such Secretaries. (h) Regulations Subsections (a) through (e) of this section shall be carried out in accordance with regulations prescribed by the Secretary of Defense for purposes of this section. (i) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Armed Services, the Committee on Veterans' Affairs, and the Committee on Transportation and Infrastructure of the House of Representatives. (2) Military retiree; annuitant The terms military retiree and annuitant shall have the meaning given such terms in the regulations prescribed pursuant to subsection (h). (3) Designated representative The term designated representative shall have the meaning given such term in the regulations prescribed pursuant to subsection (h), and shall include a guardian and a trustee of a qualified special needs trust of an annuitant. VII Health care provisions A TRICARE and other health care benefits 701. Addition of preconception and prenatal carrier screening coverage as benefits under TRICARE program Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (18) Preconception and prenatal carrier screening tests shall be provided to eligible covered beneficiaries, with a limit per beneficiary of one test per condition per lifetime, for the following conditions: (A) Cystic Fibrosis. (B) Spinal Muscular Atrophy. (C) Fragile X Syndrome. (D) Tay-Sachs Disease. (E) Hemoglobinopathies. (F) Conditions linked with Ashkenazi Jewish descent. . 702. Coverage of overseas subacute and hospice care for eligible overseas dependents of members of the uniformed services (a) Subacute care Section 1074j(b) of title 10, United States Code, is amended— (1) in paragraph (1), by adding at the end the following new sentence: For eligible overseas dependents of members of the uniformed services who are on active duty for a period of more than 30 days, the Secretary of Defense may authorize an overseas provider that does not have to be enrolled in the Medicare program under section 1866(j) of the Social Security Act ( 42 U.S.C. 1395cc(j) ) to provide skilled nursing facility care, which shall include services and facility charges, under the program. ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking the period at the end and inserting ; and ; (ii) by striking skilled nursing facility has and inserting “‘skilled nursing facility’— (i) except as provided in clause (ii), has ; and (iii) by adding at the end the following new clause: (ii) with respect to facilities overseas, means facilities authorized by the Secretary of Defense, which do not have to be enrolled in the Medicare program under section 1866(j) of the Social Security Act ( 42 U.S.C. 1395cc(j) ). ; and (B) by adding at the end the following new subparagraph: (C) The term overseas means located outside of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. ; and (3) in paragraph (3), by adding at the end the following new sentence: Notwithstanding the previous sentence, home health care services may be provided to eligible overseas dependents of members of the uniformed services who are on active duty for a period of more than 30 days by home health providers authorized by the Secretary of Defense regardless of whether such providers provide such services in the manner and under the conditions described in section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) ). . (b) Hospice care Section 1079(a)(15) of such title is amended— (1) by striking Hospice care and inserting (A) Except as provided in subparagraph (B), hospice care ; and (2) by adding at the end the following new subparagraph: (B) (i) With respect to dependents who are overseas, hospice care may be provided in such manner and under such conditions as the Secretary of Defense may authorize. (ii) In this subparagraph, the term overseas means located outside of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. . 703. Modification of pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program Section 706 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(1), by striking may carry out and inserting shall carry out ; (2) in subsection (b), by striking March 1, 2021 and inserting March 1, 2022 ; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; (4) by inserting after subsection (d) the following new subsection (e): (e) Reimbursement If the Secretary carries out the pilot program under subsection (a)(1), reimbursement of retail pharmacies for medication under the pilot program may not exceed the amount of reimbursement paid to the national mail-order pharmacy program under section 1074g of title 10, United States Code, for the same medication, after consideration of all manufacturer discounts, refunds, rebates, pharmacy transaction fees, and other costs. ; and (5) in subsection (f), as redesignated by paragraph (3)— (A) by striking paragraph (1) and inserting the following new paragraph (1): (1) Briefing Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary shall provide to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the implementation of the pilot program under subsection (a)(1) or on the determination of the Secretary under subsection (a)(2) that the Secretary is not permitted to carry out the pilot program. ; and (B) in paragraph (3)(A), by striking March 1, 2024 and inserting March 1, 2025 . B Health care administration 721. Revisions to TRICARE provider networks (a) TRICARE Select Section 1075 of title 10, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection (h): (h) Authority for multiple networks in the same geographic area (1) The Secretary may establish a system of multiple networks of providers under TRICARE Select in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may— (A) require covered beneficiaries enrolling in TRICARE Select to enroll in a specific provider network established under such system, in which case providers not in that provider network are deemed to be out-of-network providers under this section (even if they are in a different TRICARE Select provider network) and under any other applicable authorities limiting coverage of health care services or certain terms for providing services to those provided by network providers; and (B) include beneficiaries covered by subsection (c)(2). . (b) TRICARE Prime Section 1097a of such title is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection (e): (e) Authority for multiple networks in the same geographic area (1) The Secretary may establish a system of multiple networks of providers under TRICARE Prime in the same geographic area or areas. (2) Under a system established under paragraph (1), the Secretary may require covered beneficiaries enrolling in TRICARE Prime to enroll in a specific provider network established under such system, in which case providers not in that provider network are deemed to be out-of-network providers (even if they are in a different TRICARE Prime provider network) under applicable authorities limiting coverage of health care services or certain terms for providing services to those provided by network providers. . 722. Implementation of an integrated TRICARE program through effective market management (a) In general Not later than April 1, 2022, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall implement integration of the direct care and purchased care components of the TRICARE program through effective management of geographic markets. (b) Elements of integration The integration actions required by subsection (a) shall include the following elements: (1) Designation by the Director of the Defense Health Agency of a single market manager for each geographic market who shall— (A) report to the Director, through the Assistant Director for Health Care Administration; (B) be under the authority, direction, and control of the Director; and (C) be responsible for the development and implementation of a market management plan for the geographic market. (2) Determinations by the Director, with the assistance of the market manager for the geographic market concerned, that in carrying out section 1073d of title 10, United States Code, and section 703 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1073d note), the TRICARE preferred provider network in the geographic market has the capacity and capability to meet the needs of covered beneficiaries affected by the restructure or realignment of infrastructure or modification of services of the military medical treatment facility involved. (3) Expeditious implementation of the requirements under section 725 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1074 note)— (A) to ensure that health care services provided through military medical treatment facilities maintain the critical wartime medical readiness skills and core competencies of health care providers within the Armed Forces; (B) to meet the health care needs of covered beneficiaries under the TRICARE program, subject to meeting the medical readiness requirements of the Armed Forces; and (C) to maintain the level of care required by such section in facilities in foreign countries. (4) With respect to TRICARE Prime— (A) development of a streamlined and effective system of patient referrals for covered beneficiaries enrolled in TRICARE Prime, particularly with respect to referrals from a primary care provider in the TRICARE network to a specialty care provider at a military medical treatment facility for specialty care services available at the military medical treatment facility; and (B) continued operation of enrollment of covered beneficiaries in TRICARE Prime in geographic areas where the Director determines that such enrollment is appropriate to support the effective operation of one or more military medical treatment facilities. (c) Definitions In this section: (1) Covered beneficiary; TRICARE prime; TRICARE program The terms covered beneficiary , TRICARE Prime , and TRICARE program have the meanings given those terms in section 1072 of title 10, United States Code. (2) Geographic market The term geographic market , with respect to the TRICARE program, has the meaning given that term by the Director of the Defense Health Agency and shall include one or more inpatient military medical treatment facilities. 723. Establishment of centers of excellence for enhanced treatment of ocular injuries (a) In general Not later than October 1, 2022, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall establish within the Defense Health Agency not fewer than four regional centers of excellence for the enhanced treatment of— (1) ocular wounds or injuries; and (2) vision dysfunction related to traumatic brain injury. (b) Location of centers Each center of excellence established under subsection (a) shall be located at a military medical center that provides graduate medical education in ophthalmology and its related subspecialties and shall be the primary center for providing specialized medical services for vision for members of the Armed Forces in the region in which the center of excellence is located. (c) Policies for referral of beneficiaries Not later than October 1, 2022, the Director of the Defense Health Agency shall publish on a publicly available internet website of the Department of Defense policies for the referral of eligible beneficiaries of the Department to centers of excellence established under subsection (a) for evaluation and treatment. (d) Identification of medical personnel billets and staffing The Secretary of each military department, in conjunction with the Joint Staff Surgeon and the Director of the Defense Health Agency, shall identify specific medical personnel billets essential for the evaluation and treatment of ocular sensory injuries and ensure that centers of excellence established under subsection (a) are staffed with such personnel at the level required for the enduring medical support of each such center. (e) Report Not later than December 31, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that— (1) describes the establishment of each center of excellence established under subsection (a), to include the location, capability, and capacity of each center; (2) describes the referral policy published by the Defense Health Agency under subsection (c); (3) identifies the medical personnel billets identified under subsection (d); and (4) Provides a plan for staffing of personnel at such centers to ensure the enduring medical support of each such center. (f) Military medical center defined In this section, the term military medical center means a medical center described in section 1073d(b) of title 10, United States Code. 724. Mandatory training on health effects of burn pits The Secretary of Defense shall provide to each medical provider of the Department of Defense mandatory training with respect to the potential health effects of burn pits. 725. Removal of requirement for one year of participation in certain medical and lifestyle incentive programs of the Department of Defense to receive benefits under such programs Section 729 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1073 note) is amended— (1) in subsection (a)(1), by striking, in the previous year ; (2) in subsection (b), by striking, in the previous year ; and (3) in subsection (c), by striking, in the previous year . 726. Authority of Secretary of Defense and Secretary of Veterans Affairs to enter into agreements for planning, design, and construction of facilities to be operated as shared medical facilities (a) Authority of Secretary of Defense (1) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section: 1104a. Shared medical facilities with Department of Veterans Affairs (a) Agreements Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Defense (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows: (A) For the construction of a shared medical facility, amounts not in excess of the amount authorized under subsection (a)(2) of section 2805 of this title, if— (i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under such subsection; and (ii) the other requirements of such section have been met with respect to funds identified for transfer. (B) For the planning, design, and construction of space for a shared medical facility, amounts appropriated for the Defense Health Program. (2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense. (3) Section 2215 of this title does not apply to a transfer of funds under this subsection. (c) Transfer of funds to Secretary of Defense (1) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, if the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility. (2) Any amount transferred to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design of space for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes. (3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title. (d) Merger of amounts transferred Any amount transferred to the Secretary of Veterans Affairs under subsection (b) and any amount transferred to the Secretary of Defense under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. . (2) Clerical amendment The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1104 the following new item: 1104a. Shared medical facilities with Department of Veterans Affairs. . (b) Authority of Secretary of Veterans Affairs (1) In general Chapter 81 of title 38, United States Code, is amended by inserting after section 8111A the following new section: 8111B. Shared medical facilities with Department of Defense (a) Agreements The Secretary of Veterans Affairs may enter into agreements with the Secretary of Defense for the planning, design, and construction of facilities to be operated as shared medical facilities. (b) Transfer of funds by Secretary of Veterans Affairs (1) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, minor projects for use for the planning, design, or construction of a shared medical facility if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title. (2) The Secretary of Veterans Affairs may transfer to the Department of Defense amounts appropriated to the Department of Veterans Affairs for Construction, major projects for use for the planning, design, or construction of a shared medical facility if— (A) the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title; and (B) the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (c) Transfer of funds to Secretary of Veterans Affairs (1) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs does not exceed the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, minor projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility. (2) Any amount transferred to the Secretary of Veterans Affairs by the Secretary of Defense for necessary expenses for the planning, design, or construction of a shared medical facility, if the estimated share of the project costs of the Department of Veterans Affairs exceeds the amount specified in section 8104(a)(3)(A) of this title, may be credited to the Construction, major projects account of the Department of Veterans Affairs and used for the necessary expenses of constructing such shared medical facility if the other requirements of section 8104 of this title have been met with respect to amounts identified for transfer. (d) Merger of amounts transferred Any amount transferred to the Secretary of Defense under subsection (b) and any amount transferred to the Secretary of Veterans Affairs under subsection (c) shall be merged with and available for the same purposes and the same period as the appropriation or fund to which transferred. (e) Appropriation in advance Amounts may be transferred pursuant to the authority under this section only to the extent and in the amounts provided in advance in appropriations Acts. (f) Shared medical facility defined In this section, the term shared medical facility — (1) means a building or buildings, or a campus, intended to be used by both the Department of Veterans Affairs and the Department of Defense for the provision of health care services, whether under the jurisdiction of the Secretary of Veterans Affairs or the Secretary of Defense, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs; and (2) includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting and covered sidewalks, and accommodations for attending personnel. . (2) Clerical amendment The table of sections at the beginning of subchapter I of chapter 81 of such title is amended by inserting after the item relating to section 8111A the following new item: 8111B. Shared medical facilities with Department of Defense. . 727. Consistency in accounting for medical reimbursements received by military medical treatment facilities from other Federal agencies (a) In general Section 1085 of title 10, United States Code, is amended— (1) in the section heading, by striking reimbursement and inserting charges for care ; (2) by striking If a member and inserting (a) Collection of fees .—(1) If a member ; (3) in subsection (a), as designated by paragraph (2)— (A) by striking inpatient medical or dental care in a facility and inserting inpatient or outpatient medical or dental care at or through a facility ; (B) by striking the appropriation for and inserting the executive department ; (C) by striking shall be reimbursed and inserting shall charge and collect fees ; and (D) by adding at the end the following new paragraph: (2) Amounts collected by an executive department under paragraph (1) shall be credited to the appropriation account currently available for obligation that is used to support the maintenance and operation of facilities at or through which the executive department provided the medical or dental care described in such paragraph. ; and (4) by adding at the end the following new subsections: (b) Establishment of rates (1) If an executive department incurs expenses in providing medical or dental care described in paragraph (2) or (3), the executive department may charge and collect fees at rates established by the Secretary of such department to reflect the cost of providing or making available the care, as determined by such Secretary. (2) The care described in this paragraph is inpatient or outpatient medical or dental care provided at or through a facility under the jurisdiction of the Secretary of Defense to a person who is entitled to receive medical or dental care at a facility under the jurisdiction of another Federal agency. (3) The care described in this paragraph is inpatient or outpatient medical or dental care provided at or through a facility under the jurisdiction of a Federal agency that is not the Department of Defense to a person who— (A) is entitled to receive medical or dental care at a facility under the jurisdiction of the Secretary of Defense under section 1074 of this title; or (B) is a covered beneficiary, as that term is defined in section 1072 of this title. (c) Relationship to other authorities Authority provided by subsections (a)(1) and (b) may be exercised— (1) in conjunction with authority for healthcare resource sharing provided to the Secretary of Defense and the Secretary of Veterans Affairs for the mutually beneficial coordination, use, or exchange of use of health care resources under section 1104 of this title and section 8111 of title 38; and (2) in lieu of and notwithstanding section 717(c)(2) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 1071 note). . (b) Clerical amendment The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1085 and inserting the following new item: 1085. Medical and dental care from another executive department: charges for care. . C Reports and other matters 741. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions (a) Assessment The Secretary of Defense shall provide to employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of certain anomalous health conditions, as defined by the Secretary for purposes of this section, timely access for medical assessment, subject to space availability, to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (b) Treatment With respect to an individual described in subsection (a) diagnosed with an anomalous health condition or a related affliction, whether diagnosed under an assessment under subsection (a) or otherwise, the Secretary of Defense shall furnish to the individual treatment for the condition or affliction, subject to space availability, at the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility, as determined by the Secretary. (c) Development of process The Secretary of Defense, in consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure that employees from those agencies and their family members are afforded timely access to the National Intrepid Center of Excellence, an Intrepid Spirit Center, or an appropriate military medical treatment facility pursuant to subsection (a) by not later than 60 days after the date of the enactment of this Act. (d) Modification of Department of Defense Trauma Registry The Secretary of Defense shall modify the Trauma Registry of the Department of Defense to include data on the demographics, condition-producing event, diagnosis and treatment, and outcomes of anomalous health conditions experienced by employees of the United States Government and their family members assessed or treated under this section, subject to an agreement by the employing agency and the consent of the employee. 742. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund Section 1704(e) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2567), as most recently amended by section 732 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1460)), is amended by striking September 30, 2021 and inserting September 30, 2023 . 743. Comptroller General study on implementation by Department of Defense of recent statutory requirements to reform the military health system (a) Study (1) In general The Comptroller General of the United States shall conduct a study on the implementation by the Department of Defense of statutory requirements to reform the military health system contained in a covered Act. (2) Elements The study required by paragraph (1) shall include the following elements: (A) A compilation of a list of, and citation for, each statutory requirement on reform of the military health system contained in a covered Act. (B) An assessment of the extent to which such requirement was implemented, or is currently being implemented. (C) An evaluation of the actions taken by the Department of Defense to assess and determine the effectiveness of actions taken pursuant to such requirement. (D) Such other matters in connection with the implementation of such requirement as the Comptroller General considers appropriate. (b) Briefing and report (1) Briefing Not later than May 1, 2022, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the study conducted under subsection (a). (2) Report Not later than May 1, 2023, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a) that includes the elements specified in paragraph (2) of such subsection. (c) Covered Act defined In this section, the term covered Act means any of the following: (1) The William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (2) The National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ). (3) The John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ). (4) The National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ). (5) The National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ). (6) The National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ). (7) The Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ). (8) The National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ). (9) The National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). (10) The National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ). VIII Acquisition policy, acquisition management, and related matters A Acquisition policy and management 801. Repeal of preference for fixed-price contracts Section 829 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2306 note) is hereby repealed. 802. Improving the use of available data to manage and forecast service contract requirements (a) Implementation required Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force and the Secretary of the Navy shall, except as provided under subsection (b), commence implementation of priority recommendation number 1 and priority recommendation number 2, respectively, in the Government Accountability Office report entitled, DOD Service Acquisition: Improved Use of Available Data Needed to Better Manage and Forecast Service Contract Requirements (GAO–16–119). (b) Exceptions (1) Delayed implementation The Secretary of the Air Force or the Secretary of the Navy, as appropriate, may commence implementation of an open recommendation described in subsection (a) later than the date required under such subsection if, not later than 180 days after the date of the enactment of this Act, the Secretary concerned provides the Committees on Armed Services of the Senate and the House of Representatives with justification for the delay in implementation of such recommendation. (2) Nonimplementation The Secretary of the Air Force or the Secretary of the Navy, as appropriate, may opt not to implement an open recommendation described in subsection (a) if, not later than 180 days after the date of the enactment of this Act, the Secretary concerned provides the Committees on Armed Services of the Senate and the House of Representatives— (A) the reasons for the decision not to implement the recommendation; and (B) a summary of the alternate actions the Secretary plans to address the purposes underlying the recommendation. (c) Implementation plans As to a recommendation described in subsection (a) that the Secretary of the Air Force or the Secretary of the Navy, as appropriate, is implementing or plans to implement, the Secretary concerned shall, not later than 180 days after the date of the enactment of this Act, submit to the Committees on Armed Services of the Senate and the House of Representatives— (1) a summary of actions that have been taken to implement the recommendation; and (2) a schedule, with specific milestones, for completing implementation of the recommendation. (d) Action by Secretary of Defense The Secretary of Defense shall establish a mechanism to ensure that the integration of services into the programming process and the development of forecasts on service contract spending provide Department leaders with consistent data. (e) Amendments Section 2329 of title 10, United States Code, is amended— (1) in subsection (b)(5) by striking be included in the future-years defense program submitted to Congress under section 221 of this title and inserting include the fiscal year and the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year ; (2) in subsection (c)(3)(C) by striking after the date of the enactment of this subsection and inserting ‘‘after December 12, 2017”; (3) in subsection (d)— (A) by inserting (1) before Each Services Requirements Review Board ; and (B) by adding at the end the following new paragraph: (2) The Secretary of Defense shall develop and disseminate standard guidelines within the Department of Defense for the evaluation of requirements for services contracts. ; and (4) in subsection (g)(3) by striking dated January 5, 2016 and inserting dated January 10, 2020 . (f) Repeal of obsolete requirement (1) In general Section 235 of title 10, United States Code, is repealed. (2) Conforming amendment The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended by striking the item relating to section 235. 803. Assessment of impediments and incentives to improving the acquisition of commercial technology, products, and services (a) Assessment required The Under Secretary of Defense for Acquisition and Sustainment and the Chairman of the Joint Requirements Oversight Council (JROC) shall jointly assess impediments and incentives to fulfilling the goals of sections 1906, 1907, and 3307 of title 41, United States Code, and sections 2375, 2376, and 2377 of title 10, United States Code, regarding preferences for commercial products and services. (b) Assessment objective The objective of the assessment is to enhance the innovation strategy of the Department of Defense to compete effectively against peer adversaries by rapidly adopting commercial advances in technology. (c) Elements of assessment The assessment shall include a review of— (1) policies, regulations, and oversight processes; (2) acquisition workforce training and education; (3) the role of requirements in determining acquisitions pathways, including the ability to accommodate evolving commercial functionality, new opportunities identified during market research, and how phasing and uncertainty in requirements are treated; (4) the role of competitive procedures and source selection procedures, including the ability to structure acquisitions to accommodate multiple or unequal solutions; (5) the role of planning, programming, and budgeting structures and processes, including appropriations categories; (6) systemic biases in favor of custom solutions; (7) risk to contracting officers and acquiring officials of pursuing commercial products and services, and incentives and disincentives for acquisition organizations; and (8) potential reforms that do not impose additional burdensome and time-consuming constraints on the acquisition process. (d) Briefing Not later than 120 days after the date of the enactment of this Act, the Under Secretary and the Chairman of JROC shall brief the congressional defense committees on the results of the required assessment and actions undertaken to improve compliance with the statutory preference for commercial products and services, including any recommendations to Congress for legislative action. 804. Pilot program on acquisition practices for emerging technologies (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment or the Under Secretary's designee, shall establish a pilot program to develop and implement unique acquisition mechanisms for emerging technologies in order to increase the speed of transition of emerging technologies into acquisition programs or into operational use. (b) Elements The pilot program shall include activities to— (1) identify and award not less than four agreements for new projects to support high-priority defense modernization activities, consistent with the National Defense Strategy, with consideration given to— (A) offensive missile capabilities; (B) space-based assets; (C) personnel and quality of life improvement; and (D) energy generation and storage; (2) develop a unique acquisition plan for each new project identified pursuant to paragraph (1) that is significantly novel from standard Department of Defense acquisition practices, including the use of— (A) alternative price evaluation models; (B) alternative independent cost estimation methodologies; (C) alternative market research methods; (D) continuous assessment of performance metrics to measure project value for use in program management and oversight; (E) alternative intellectual property strategies, including activities to support modular open systems architectures and reducing life cycle and sustainment costs; and (F) other alternative practices as identified by the Secretary; (3) execute the acquisition plans outlined in paragraph (2) and award agreements in an expedited manner; and (4) establish mechanisms for projects under the pilot program to request permission to waive appropriate Department, military service, or defense agency regulations, directives, or policies not required by law, to support the goals of the pilot program, including waivers of acquisition, personnel, and technology transfer policies and practices. (c) Project cancellation The Secretary of Defense may establish procedures to terminate agreements awarded under the pilot program, including processes to notify the congressional defense committees 30 days prior to a termination. (d) Pilot program advisory group The Under Secretary shall establish a pilot program advisory group to advise the Under Secretary on the selection, management, elements, data collection, and termination of projects, to include at least— (1) one member from each military department, appointed by the Secretary of the military department concerned; (2) one member appointed by the Under Secretary of Defense for Research and Engineering; (3) one member appointed by the Under Secretary of Defense for Acquisition and Sustainment; (4) one member appointed by the Director of the Strategic Capabilities Office of the Department of Defense; (5) one member appointed by the Director of the Defense Advanced Research Projects Agency; and (6) one member appointed by the Director of Operational Test and Evaluation. (e) Deadline for appointment Members of the advisory group shall be appointed not later than 30 days after the date of the establishment of the pilot program under subsection (a). (f) Information to Congress (1) Briefing requirement Not later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary shall provide to the congressional defense committees a briefing on activities under this section. (2) Budget justification materials The Secretary shall establish procedures to clearly identify all projects under the pilot program in budget justification materials submitted to the congressional defense committees. (g) Data requirements (1) Collection and analysis of data The Secretary shall establish mechanisms to collect and analyze data on the execution of the pilot program for the purpose of— (A) developing and sharing best practices for achieving goals established for the pilot program; (B) providing information to the Secretary and the congressional defense committees on the execution of the pilot; and (C) providing information to the Secretary and the congressional defense committees on related policy issues. (2) Data strategy required The Secretary may not execute the pilot program prior to completion of a data strategy and plan to meet the requirements of this subsection. (h) Termination The pilot program established under this subsection shall terminate after all the projects identified under subsection (b)(1) have been completed or cancelled by the Department of Defense. 805. Annual report on highest and lowest performing acquisition programs of the Department of Defense (a) In general Not later than January 31, 2023, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report that contains a ranking of the five highest performing and five lowest performing covered acquisition programs of the Department of Defense. (b) Ranking criteria (1) In general The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, the Service Acquisition Executives, and other appropriate officials, shall determine the criteria to be used for purposes of the rankings. (2) Inclusion in report The Secretary of Defense shall include in the report submitted under subsection (a) a discussion of the specific ranking criteria determined under paragraph (2), including a description of how those criteria are consistent with best acquisition practices. (c) Lowest performing acquisition programs Not later than April 1, 2023, and annually thereafter, the decision authority for each of the five acquisition programs ranked as the lowest performing in the report submitted under subsection (a) for that year shall submit to the congressional defense committees a report that includes the following information for that acquisition program: (1) A description of the factors that contributed to the program’s ranking as low performing. (2) An assessment of the underlying causes of the program’s poor performance. (3) A plan for addressing the program’s challenges and improving performance, including specific actions that will be taken and proposed timelines for completing such actions. (d) Definitions In this section: (1) The term covered acquisition program means— (A) a major defense acquisition program as defined in section 2430 of title 10, United States Code; or (B) an acquisition program, subprogram, or project that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 2430(a)(1)(B) of title 10, United States Code. (2) The term decision authority means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program, subprogram, or project, including authority to approve entry of the program, subprogram, or project into the next phase of the acquisition process. 806. Systems engineering determinations (a) In general Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section: 2374b. Systems Engineering Determinations (a) Requirement The Secretary of Defense shall ensure that any Department of Defense transaction entered into under an authority described in subsection (b) includes System Engineering Determinations as provided under subsection (c). (b) Covered authorities The authorities described under this subsection are as follows: (1) Section 2371 of this title for applied and advanced research project transactions relating to weapons systems. (2) Section 2371b of this title for transactions relating to weapons systems. (3) Section 2373 of this title. (4) Section 2358 of this title for transactions relating to weapons systems. (c) Systems Engineering Determinations (1) Systems engineering determination A (A) The head of the Department of Defense activity that has technical oversight over a transaction covered under this section shall identify, in writing, not later than 30 days after such transaction is entered into, measurable success criteria related to potential military applications to be demonstrated not later than the final day of the transaction’s period of performance. (B) Not later than 30 days after the end of the period of performance referred to in subparagraph (A), the head of activity shall make one of the following determinations and document such action in writing with notice provided to the performer: (i) Discontinue : Discontinue support, with rationale noted. (ii) Retain and extend : Retain within the activity and extend the period of performance for a specified period of time in order to achieve the stated success criteria. (iii) Endorse and refer : Endorse the project and refer it to the most appropriate Systems Engineering Command, based on the technical attributes of the project and the associated potential military applications, based on meeting or exceeding the success criteria. (C) If the head of activity retained the project pursuant to subparagraph (B)(ii), the head of activity shall, at the end of the extension period— (i) take the action prescribed in subparagraph (B)(iii) if the success criteria are met; or (ii) take the action prescribed in subparagraph (B)(i) if the success criteria are not met. (2) Systems engineering determination B (A) Not later than 30 days after receipt of a referral under paragraph (1)(B)(iii), the head of the Systems Engineering Command shall formulate a systems engineering plan with the performer, the Department’s technical experts, and prospective Program Executive Officers. (B) The systems engineering plan required under subsection (A) shall include the following: (i) Measurable baseline technical capability, based on the success criteria met pursuant to paragraph (1)(B)(iii). (ii) Measurable transition technical capability, based on the technical needs of the prospective Program Executive Officers to support a current or future program of record. (iii) Discrete technical development activities necessary to progress from the baseline capability to the transition capability, including an approximate cost and schedule. Such activities shall include a resolution of— (I) interfaces; (II) data rights; (III) government technical requirements; (IV) specific platform technical integration; (V) software development; (VI) component, subsystem, or system prototyping; (VII) scale models; (VIII) technical manuals; (IX) lifecycle sustainment needs; and (X) other needs identified by the Program Executive Officers. (iv) Identification and commitment of funding sources to complete the activities under clause (iii). (C) Not later than 30 days after the end of the schedule identified in subparagraph (B), the head of the Systems Engineering Command shall make one of the following determinations and document such action in writing with notice provided to the performer and prospective Program Executive Officers: (i) Discontinue : Discontinue support with rationale noted. (ii) Retain and extend : Retain within the Command and extend the schedule for a specified period of time in order to achieve stated transition criteria with specific remedial or additional activities noted. (iii) Endorse and refer :Endorse the item and refer to a Program Executive Officer, based on meeting or exceeding the transition criteria. (D) If the head of the Systems Engineering Command retained the project pursuant to subparagraph (C)(ii), the head of the Systems Engineering Command shall, at the end of the extension period— (i) take the action prescribed in subparagraph (C)(iii) if the transition criteria are met after such extension; or (ii) take the action prescribed in subparagraph (C)(i) if the transition criteria are not met after such extension. (d) Systems Engineering Command Defined In this section, the term Systems Engineering Command means the specific Department of Defense activity that specializes in the systems engineering of a system, subsystem, component, or capability area, including— (1) the Naval Warfare Centers; (2) the Army Combat Capabilities Development Command Centers; and (3) the Air Force Research Laboratory. . (b) Clerical amendment The table of sections at the beginning of chapter 139 of such title is amended by adding after the item relating to section 2374a the following new item: 2374b. Systems Engineering Determinations . (c) Future transfer (1) Transfer and redesignation Section 2374b of title 10, United States Code, as added by subsection (a), is transferred to chapter 301 of such title, added after section 4004, as transferred and redesignated by section 1841(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 4005. (2) Clerical amendments (A) Target chapter table of sections The table of sections at the beginning of chapter 301 of title 10, United States Code, as added by section 1841(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item related to section 4004 the following new item: 4005. Systems Engineering Determinations . (B) Origin chapter table of sections The table of sections at the beginning of chapter 139 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2374b. (3) Conforming amendments to internal cross-references Section 2374b(b) of title 10, United States Code, as added by subsection (a), is amended— (A) in paragraph (1), by striking section 2371 and inserting section 4002 ; (B) in paragraph (2), by striking section 2371b and inserting section 4003 ; and (C) in paragraph (3), by striking section 2373 and inserting section 4004 . (4) Effective date The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (5) References; savings provision; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. (d) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out section 4005 of title 10, United States Code, as added by subsection (a) and transferred and redesignated by subsection (c). (e) Briefing required Not later than 60 days after the date of enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement this section. B Amendments to general contracting authorities, procedures, and limitations 811. Recommendations on the use of other transaction authority (a) Review and recommendations required The Secretary of Defense shall review the current use, authorities, regulations, and policies relative to the use of other transaction authority under sections 2371 and 2371b of title 10, United States Code, and assess the merits of modifying or expanding such authorities with respect to— (1) the inclusion in such transactions for the government and contractors to include force majeure provisions to deal with unforeseen circumstances in execution of the transaction; (2) the determination of an entity’s traditional or nontraditional status based on the entity’s parent company or that of its majority owner; (3) the determination of an entity’s traditional or nontraditional status based on the entity’s status as a 100-percent employee stock ownership plan; (4) the ability of the Department of Defense to award agreements for prototypes with all of the costs of the prototype provided by the private sectors partners, to allow for expedited transition into follow-on production agreements for appropriate technologies; (5) the ability of the Department of Defense to award agreements for procurement, including without the need for prototyping; (6) the ability of the Department of Defense to award agreements for sustainment of capabilities, including without the need for prototyping; (7) the ability of the Department of Defense to award agreements to support the organic industrial base; (8) the ability of the Department of Defense to award agreements for prototyping of services or acquisition of services; (9) the need for alternative authorities or policies to more effectively and efficiently execute agreements with private sector consortia; (10) the ability of the Department of Defense monitor and report on individual awards made under consortium-based other transactions; and (11) other issues as identified by the Secretary. (b) Issues identified and recommendations for changes to policies or authorities For each of the areas under subsection (a), the Secretary shall— (1) identify relevant issues and challenges under current other transaction authority; (2) discuss the advantages and disadvantages of modifying or expanding other transaction authority to address issues identified by the review; (3) identify policy changes that will be made to address issues identified by the review; (4) make recommendations to the congressional defense committees for new or modified statutory authorities to address issues identified by the review; and (5) provide such other information as determined appropriate. (c) Report Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report describing activities undertaken pursuant to this section, as well as issues identified, policy changes proposed, justification for any proposed changes, and recommendations for legislative changes. 812. Modified condition for prompt contract payment eligibility Section 2307(a)(2)(B) of title 10, United States Code, as amended by the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking if the prime contractor agrees or proposes to make payments to the subcontractor and inserting if the prime contractor agrees to make payments to the subcontractor . 813. Exclusion of certain services from intergovernmental support agreements for installation-support services Section 2679(a)(3) of title 10, United States Code, is amended— (1) by striking used when the Secretary concerned and inserting “used when— (A) the Secretary concerned ; (2) in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (B) the installation-support services are not included on the procurement list established pursuant to section 8503 of title 41. . 814. Modification of prize authority for advanced technology achievements Section 2374a of title 10, United States Code, is amended— (1) in subsection (a), by inserting , including procurement agreements, after other types of prizes ; (2) in subsection (b), in the first sentence, by inserting and for the selection of recipients of procurement agreements after cash prizes ; and (3) in subsection (c)(1), by inserting without the approval of the Under Secretary of Defense for Research and Engineering before the period at the end. 815. Cost or pricing data reporting in Department of Defense contracts Section 2306a(a)(6) of title 10, United States Code, as amended by the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) by striking Upon the request of a contractor that was required to submit cost or pricing data under paragraph (1) and inserting Under paragraph (1), ; and (2) by striking modify the contract to reflect subparagraphs (B)(ii) and (C)(ii) of paragraph (1). All such modifications shall be made without requiring consideration and inserting modify the contract as soon as practicable to reflect subparagraphs (B) and (C) of paragraph (1), without requiring consideration . 816. Authority to acquire innovative commercial products and services using general solicitation competitive procedures (a) Authority (1) In general Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section: 2380c. Authority to acquire innovative commercial products and services using general solicitation competitive procedures (a) Authority The Secretary of Defense may acquire innovative commercial products and services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. (b) Treatment as competitive procedures Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. (c) Limitations (1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department. (2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts. (3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and services. (d) Congressional notification required (1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary of Defense shall notify the congressional defense committees of such award. (2) Notice of an award under paragraph (1) shall include the following: (A) Description of the innovative commercial product or service acquired. (B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or service acquired provides a solution or a potential new capability. (C) Amount of the contract awarded. (D) Identification of contractor awarded the contract. (e) Innovative defined In this section, the term innovative means— (1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or (2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date. . (2) Clerical amendment The table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by inserting after the item relating to section 2380b the following new item: 2380c. Authority to acquire innovative commercial products and services using general solicitation competitive procedures. . (b) Future transfer (1) Transfer and redesignation Section 2380c of title 10, United States Code, as added by subsection (a), is transferred to chapter 247 of such title, added after section 3457, as transferred and redesignated by section 1841(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 3458. (2) Clerical amendments (A) Target chapter table of sections The table of sections at the beginning of chapter 247 of title 10, United States Code, as added by section 1821(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item related to section 3457 the following new item: 3458. Authority to acquire innovative commercial products and services using general solicitation competitive procedures. . (B) Origin chapter table of sections The table of sections at the beginning of chapter 140 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2380c. (3) Conforming amendments to internal cross-references Section 2380c of title 10, United States Code, as added by subsection (a), is amended— (A) in subsection (b), by striking chapter 137 and inserting chapter 221 ; and (B) in subsection (c)(3), by striking section 2376(1) and inserting section 3451(1) . (4) Effective date The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (5) References; savings provision; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. (c) Repeal of obsolete authority Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is hereby repealed. 817. Reporting requirement for defense acquisition activities (a) Procedures for identifying certain acquisition agreements and activities The Secretary of Defense shall establish procedures to identify all agreements awarded to entities through the use of a consortia (including agreements pursuant to the authorities under section 2371 and 2371b of title 10, United States Code), individual task orders awarded under a task order contract (as defined in section 2304d of title 10, United States Code), and individual task orders issued to a federally funded research and development center. (b) Reporting Not later than one year after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the use of agreements and activities described in subsection (a) and associated funding. (c) Publication of information Not later than one year after the date of enactment of this Act, the Secretary of Defense shall establish procedures to publically release information on individual agreements and activities described in subsection (a) and associated funding, unless such disclosure is deemed inappropriate for individual agreements based on national security concerns. 818. Department of Defense contractor professional training material disclosure requirements (a) Prohibition Effective immediately, each contractor who enters or has entered into a contract with the Department of Defense to provide goods or services shall make publicly available online at its website all diversity, equal opportunity, equity, inclusion, or tolerance training materials or internal policies, including syllabi, online sources, suggested reading lists, guest speakers and lecturers, instructor lists, internal policy memos, workshop descriptions, outside organizational funding, or other educational or professional materials for review and identification of Critical Race Theory or similar theoretical instruction in a timely manner. Should the contractor have no online presence, the contractor shall provide the materials in hard copy format to the Office of the Under Secretary of Defense for Acquisition and Sustainment in a timely manner. (b) Covered theories The theories associated with Critical Race Theory and similar theories referred to in subsection (a) are the following theories: (1) Any race is inherently superior or inferior to any other race. (2) The United States of America is a fundamentally racist country. (3) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (4) An individual’s moral character or worth is determined by his or her race. (5) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (6) An individual, because of his or her race, bears responsibility for the actions committed by other members of his or her race. 819. Report on place of performance requirements (a) Guidance and training Not later than July 1, 2022, the Secretary of Defense shall implement guidance and necessary training to improve data reporting on contract place of performance. (b) Report (1) In general Not later than July 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report regarding place of performance requirements in Department of Defense contracts. (2) Elements The report required under subsection (a) shall include the following elements: (A) A description of the criteria that is considered when place of performance language is included in a contract. (B) The percentage of contracts awarded on a yearly basis from fiscal year 2016 to fiscal year 2020 that included place of performance clauses. (C) An assessment of the extent to which revisions to guidance or regulations related to the use of place of performance clauses could improve the Department of Defense’s effectiveness and efficiency, including a description of such revisions. 820. Multiyear contract authority for defense acquisitions specifically authorized by law Section 2306b(i)(3) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (H) The quantity of end items that would be procured with such contract in each fiscal year of the future years defense program at the time of contract award will not decrease during the contract period of performance without prior approval from the congressional defense committees. . C Industrial base matters 831. Addition of certain items to list of high priority goods and services for analyses, recommendations, and actions related to sourcing and industrial capacity Section 849 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(1)(A)— (A) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v), respectively; and (B) by inserting after clause (i) the following new clause: (ii) producers in the United States; ; and (2) in subsection (c), by adding at the end the following new paragraphs: (14) Beef products born, raised, and slaughtered in the United States. (15) Molybdenum and molybdenum alloys. (16) Optical transmission equipment, including optical fiber and cable equipment. (17) Armor on tactical ground vehicles. (18) Graphite processing. . 832. Prohibition on acquisition of personal protective equipment from non-allied foreign nations (a) Prohibition (1) In general Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: 2339d. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations (a) In general Except as provided in subsection (c), the Secretary of Defense may not procure any covered item in any covered nation. (b) Applicability Subsection (a) shall apply to prime contracts and subcontracts at any tier. (c) Exceptions Subsection (a) does not apply under the following circumstances: (1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price. (2) The procurement of a covered item for use outside of the United States. (3) Purchases for amounts not greater than $150,000. A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. (d) Definitions In this section: (1) Covered item The term covered item means an article or item of— (A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or (B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages. (2) Covered nation The term covered nation means— (A) the Democratic People’s Republic of North Korea; (B) the People’s Republic of China; (C) the Russian Federation; and (D) the Islamic Republic of Iran. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2339c the following: 2339d. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations. . (b) Future transfer (1) Transfer and redesignation Section 2339d of title 10, United States Code, as added by subsection (a), is transferred to subchapter I of chapter 283 of such title, added after section 3881, as transferred and redesignated by section 1837(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and redesignated as section 3882. (2) Clerical amendments (A) Target chapter table of sections The table of sections at the beginning of chapter 283 of title 10, United States Code, as added by section 1837(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after the item related to section 3881 the following new item: 3882. Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations. . (B) Origin chapter table of sections The table of sections at the beginning of chapter 137 of title 10, United States Code, as amended by subsection (a), is further amended by striking the item relating to section 2339d. (3) Effective date The transfer, redesignation, and amendments made by this subsection shall take effect on January 1, 2022. (4) References; savings provision; rule of construction Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) shall apply with respect to the transfers, redesignations, and amendments made under this subsection as if such transfers, redesignations, and amendments were made under title XVIII of such Act. 833. Further prohibition on acquisition of sensitive materials (a) In general Section 2533c of title 10, United States Code, is amended— (1) in subsection (a)(1), by inserting or by any covered company after covered nation ; and (2) in subsection (d)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (B) by inserting before paragraph (2), as so redesignated, the following new paragraph: (1) Covered company The term covered company means— (A) any company or joint venture registered outside of the United States that— (i) is partially or fully owned by any state-owned entity from a covered nation; or (ii) is 5 percent or more owned by private investors from any covered nation; (B) any company or joint venture registered inside the United States that— (i) is partially or fully owned by a state-owned entity from a covered nation; or (ii) has entered, after the date of enactment of this paragraph, into an agreement or condition with the Committee on Foreign Investment in the United States under paragraph (l)(3)(A) of section 4565 of title 50, United States Code, that does not specifically refer to this section and provide that the company shall be eligible to supply covered products under this section; or (C) any other company that the President determines to be a threat to the security of supply of any covered material. . (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe such regulations as are necessary to carry out section 2533c of title 10, United States Code, as amended by this section. 834. Requirement for industry days and requests for information to be open to allied defense contractors (a) In general Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall publish a default requirement that industry days and requests for information for acquisition programs and research and development efforts shall to the maximum extent practicable be open to defense contractors from the national technology and industrial base (NTIB), including when such contractors are acting as subcontractors in partnership with a United States contractor, provided such access is granted only if the Secretary determines that there is reciprocal access for United States companies to equivalent information related to contracting opportunities in the associated NTIB country. (b) National technology and industrial base In this section, the term national technology and industrial base has the meaning given the term in section 2500 of title 10, United States Code. 835. Assessment of requirements for certain items to address supply chain vulnerabilities (a) Definitions In this section, the term dual use has the meaning given in section 2500 of title 10, United States Code. (b) Assessment The Secretary of Defense shall assess the Department of Defense's requirements for dual-use items covered by section 2533a of title 10, United States Code. (c) Report Not later than October 1, 2022, the Secretary of Defense shall submit a report to the congressional defense committees with the Department’s findings, in publicly releasable and controlled formats as necessary. (d) Policies The Secretary of Defense shall, to the extent practicable, develop or revise relevant policies to reduce fluctuations in the Department’s annual procurements of dual-use items. 836. Requirement that certain providers of systems to Department of Defense disclose the source of printed circuit boards when sourced from certain countries (a) Definitions In this section: (1) The term covered nation includes the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Democratic People's Republic of North Korea. (D) The Islamic Republic of Iran. (2) The term covered system means any item, including commercial items and commercially available off-the-shelf items, notwithstanding section 2375 of title 10, United States Code, that is— (A) a national security system, as defined in section 3552 of title 44, United States Code; or (B) a system other than a national security system that transmits or stores classified information, including— (i) data communications and storage, including servers, switches, and networking systems, but excluding personal data storage devices, personal computers, desktop computers, and tablets; and (ii) any other systems that the Secretary determines should be covered. (3) The term manufactured and assembled , with respect to a printed circuit board, includes all actions from the fabrication of the printed circuit board from raw materials to the integration of the completed printed circuit board in an end item or component of an end item. (b) Disclosure The Secretary of Defense shall require any provider of a covered system to provide to the Department of Defense, along with delivery of the covered system, a list of the printed circuit boards in the covered system that includes, for each printed circuit board, an attestation of whether— (1) the printed circuit board was partially or fully manufactured and assembled in a covered nation; (2) the printed circuit board was fully manufactured and assembled outside of a covered nation; or (3) the provider cannot determine where the printed circuit board was manufactured and assembled. (c) Regulations Not later than October 1, 2022, the Secretary of Defense shall promulgate such regulations as are necessary to carry out this section, including a process to ensure that proprietary information is appropriately protected by the Department of Defense. (d) Plan required Not later than October 1, 2022, the Secretary of Defense shall submit a plan for the implementation of this provision to the congressional defense committees. 837. Employment transparency regarding individuals who perform work in the People’s Republic of China (a) Disclosure requirements (1) Initial disclosure (A) In general The Secretary of Defense shall require any covered entity to disclose if the entity employs one or more individuals who will perform work in the People’s Republic of China on a covered contract when it submits a bid or proposal for a covered contract. (B) Matters to be included Each disclosure under subparagraph (A) shall include— (i) the total number of employees who will perform work in the People’s Republic of China funded by the Department of Defense; and (ii) a description of the physical presence in the People’s Republic of China that meets the definition of a covered entity under subsection (d)(2). (2) Recurring disclosures (A) In general The Secretary of Defense shall require any covered entity that is party to one or more covered contracts to disclose for fiscal year 2023 and 2024 if the entity employs one or more individuals who perform work in the People’s Republic of China on such contracts. (B) Matters to be included Each disclosure under subparagraph (A) shall include— (i) the total number of employees who will perform work in the People’s Republic of China funded by the Department of Defense; and (ii) a description of the physical presence in the People’s Republic of China that meets the definition of a covered entity under subsection (d)(2). (3) Availability to public All disclosures filed under paragraphs (1) and (2) shall be available to the public through an internet website of the Department of Defense that is accessible to the public. (b) Funding for covered entities The Secretary of Defense shall not award or renew a covered contract with a covered entity unless the disclosures required under subsection (a) are submitted. (c) Quarterly briefing Beginning on or around January 1, 2023, the Secretary of Defense shall provide quarterly briefings to the congressional defense committees on activities under this section, including a description of the amount, length, source, recipient, and intended purpose of covered contracts awarded to covered entities that employ one or more individuals who will perform work in the People’s Republic of China funded by the Department of Defense. (d) Definitions In this section: (1) Covered contract The term covered contract means any Department of Defense contract or subcontract with a value in excess of $5,000,000, excluding contracts for commercial products or services. (2) Covered entity The term covered entity means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, including any subsidiary or affiliate thereof, participating in the performance of work under a covered contract in the People’s Republic of China, including by— (A) employing one or more individuals performing work under the contract, including as employees, independent contractors, or through similar arrangements, who physically work in and reside in the People’s Republic of China; or (B) leasing or owning real property used in the performance of the contract in the People’s Republic of China. D Small business matters 841. Clarification of duties of Director of Small Business Programs Section 144(c)(1) of title 10, United States Code, is amended by inserting to strengthen small businesses in the national technology and industrial base after exercise such powers regarding these programs . 842. Data on Phase III Small Business Innovation Research and Small Business Technology Transfer program awards (a) Definitions In this section, the terms Phase I , Phase II , Phase III , SBIR , and STTR have the meanings given those terms in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) ). (b) Data on Phase III awards For each fiscal year, the Secretary of each military department shall collect and submit to the President for inclusion in the budget submitted to Congress under section 1105 of title 31, United States Code, for the fiscal year data on the Phase III awards under the SBIR and STTR programs of the military department, which shall include— (1) the cumulative funding amount for Phase III awards; (2) the number of Phase III award topics; (3) the total funding obligated for Phase III awards by State; (4) the original Phase I or II award topics and the associated Phase III contracts awarded; and (5) where possible, an identification of the specific program executive office involved in each Phase III transition. 843. Pilot program to incentivize employee ownership in defense contracting (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Qualified business wholly-owned through an Employee Stock Ownership Plan The term qualified businesses wholly-owned through an Employee Stock Ownership Plan means an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986) for which 100 percent of the outstanding stock is held through an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code). (b) Authority to use noncompetitive procedures for follow-on contracts to qualified businesses wholly owned through an Employee Stock Ownership Plan Notwithstanding the requirements of section 2304 of title 10, United States Code, in the case of a follow-on contract for the continued development, production, or provision of products or services that are the same as or substantially similar to the products or services procured by the Department of Defense under a prior contract held by a qualified business wholly owned through an Employee Stock Ownership Plan, such products or services may be deemed to be available only from the holder of the prior contract and may be procured by the Department of Defense through procedures other than competitive procedures if the performance of the qualified business wholly owned through an Employee Stock Ownership Plan on the prior contract was rated as satisfactory (or the equivalent) or better in the applicable past performance database. (c) Verification and reporting of qualified businesses wholly owned through an Employee Stock Ownership Plan The Secretary of Defense shall prescribe such procedures as may be necessary for— (1) businesses to verify that they are qualified businesses wholly owned through an Employee Stock Ownership Plan for the purposes of subsection (b) using existing Federal reporting mechanisms; (2) a qualified businesses wholly owned through an Employee Stock Ownership Plan to certify that not more than 50 percent of the amount paid under the contract will be expended on subcontracts, subject to such necessary and reasonable waivers as the Secretary may prescribe; and (3) recording information on each use of the authority under subsection (b), including details relevant to the nature of the contract and the qualified business wholly owned through an Employee Stock Ownership Plan, and providing such information to the Comptroller General of the United States. (d) Data (1) The Secretary shall establish mechanisms to collect and analyze data on the execution of the pilot program for the purposes of— (A) developing and sharing best practices for achieving goals established for the pilot program established under this section; (B) providing information to leadership and the congressional defense committees on the execution of the pilot program, including— (i) company size; (ii) performance of contract; and (iii) other information as determined effective or necessary; and (C) providing information to leadership and the congressional defense committees on related policy issues. (2) The Secretary may not execute the pilot program prior to completion of a data strategy and plan to meet the requirements of this subsection. (e) Sunset The authority under subsection (b) shall expire on the date that is five years after the date of the enactment of this Act. (f) Comptroller General of the United States report (1) In general Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the individual and aggregate uses of the authority under subsection (b), using such data as may be available up to that time. (2) Elements The report under paragraph (1) shall include the following elements: (A) An assessment of the frequency and nature of the use of the authority under subsection (b). (B) An assessment of the impact of such programs in supporting the National Defense Strategy. (C) The number of businesses to become qualified businesses wholly owned through an Employee Stock Ownership Plan in order to qualify for the authority under subsection (b) and factors that influenced the decision. (D) Acquisition authorities that could incentivize businesses to become qualified businesses wholly owned through an Employee Stock Ownership Plan, including the extension of the authority under subsection (b). (E) Any related matters the Comptroller General considers appropriate. E Other matters 851. Technology protection features activities (a) In general Section 2357 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by inserting (1) before Any ; (B) by adding at the end the following new paragraph: (2) If the designated system receives Milestone B approval, then the contractor’s portion of the costs, described in paragraph (1), may be treated as allowable independent research and development costs. ; and (2) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following new paragraphs: (2) The term independent research and development costs has the meaning given the term in section 2372 of this title. (3) The term Milestone B approval has the meaning given the term in section 2336(e)(7) of this title . (b) Conforming regulations Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with section 2357 of title 10, United States Code, as amended by subsection (a). 852. Independent study on technical debt in software-intensive systems (a) Study required Not later than July 1, 2022, the Secretary of Defense shall enter into an agreement with a federally funded research and development center to study technical debt in software-intensive systems. (b) Study elements The study required under subsection (a) shall include analyses and recommendations on the following elements: (1) Qualitative and quantitative measures which can be used to identify a desired future state for software-intensive programs. (2) Qualitative and quantitative measures that can be used to assess technical debt. (3) Policies for data access to identify and assess technical debt and best practices for programs to make such data appropriately available for use. (4) Forms of technical debt which are suitable for objective or subjective analysis. (5) Current practices of Department of Defense software-intensive programs to track and use data related to technical debt. (6) Appropriate individuals or organizations that should be responsible for the identification and assessment of technical debt, including the organization responsible for independent assessments. (7) Scenarios, frequency, or program phases when technical debt should be assessed. (8) Best practices to identify and assess technical debt. (9) Best practices to monitor the accumulating costs of technical debt. (10) Criteria to support decisions by program officials on whether to incur, carry, or reduce technical debt. (11) Practices for the Department of Defense to incrementally adopt to initiate practices for managing technical debt. (c) Access to data and records The Secretary shall ensure that the federally funded research and development center selected shall have sufficient resources and access to technical data, individuals, organizations, and records necessary to complete the study required under this section. (d) Report required Not later than 18 months after entering the agreement under subsection (a), the Secretary shall submit to the congressional defense committees a report on the study required under subsection (b), along with any additional information and views as desired in publicly releasable and unclassified forms. The Secretary may also include a classified annex to the study as necessary. (e) Briefing required Not later than April 1, 2022, the Secretary shall provide a briefing to the congressional defense committees on activities undertaken and planned, any barriers, and resources to be provided to execute activities under this section. 853. Determination with respect to optical fiber transmission equipment for Department of Defense purposes (a) Determination Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall review optical transmission equipment, including optical fiber and cable equipment, for potential inclusion on the list of covered communications equipment pursuant to section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 ), and make a determination as to whether or not such equipment should be included on the list. (b) Notification requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall notify the congressional defense committees of the findings of the review and determination required under subsection (a). 854. Two-year extension of Selected Acquisition Report requirement (a) Extension Section 2432(j) of title 10, United States Code, is amended by striking fiscal year 2021 and inserting fiscal year 2023 . (b) Demonstration required (1) In general Not later than March 1, 2022, the Secretary of Defense shall provide to the congressional defense committees a demonstration of the full operational capability of the reporting system that will replace the Selected Acquisition Report requirements under section 2432 of title 10, United States Code, as amended by subsection (a). (2) Elements The demonstration required under paragraph (1) shall incorporate the following elements: (A) The findings of the report required under section 830(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (B) A demonstration of the replacement reporting system’s full suite of data sharing capabilities that can be accessed by authorized external users, including the congressional defense committees, for a range of programs across acquisition categories, including those selected under section 831 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1492). (C) The plan required under subsection (c). (c) Plan required (1) In general Not later than February 1, 2022, the Secretary of Defense, in consultation with the Secretaries of the military departments, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation, shall deliver to the congressional defense committees the Department of Defense’s plan for reporting to the congressional defense committees on acquisition programs. (2) Objectives The plan required under paragraph (1) shall ensure that reporting— (A) addresses program progress against cost, schedule, and performance goals and provides an assessment of program risks; and (B) includes annual reporting, at a minimum, and provides continuous or periodic updates for external users, as appropriate, to increase the efficiency of and reduce the bureaucratic burdens for reporting data and information on acquisition programs. (3) Elements The plan shall include the following elements: (A) The types of programs to be included in reporting, including the dollar value threshold for reporting, and the acquisition methodologies and pathways that are to be included. (B) The planned reporting schedule, including when reports will be available to external users and the intervals at which data will be updated. (C) The specific data elements to be included in reporting to assess program performance and associated risks, to include, at a minimum, software development and cybersecurity risks, and an identification of any data elements that cannot be publicly released. (D) The criteria to initiate, modify, or terminate reporting for programs, as appropriate, based on program characteristics, acquisition methodology or pathway being used, cost growth or changes, and program performance. (E) The mechanisms by which reporting will be provided to the congressional defense committees and other external users, including— (i) identification of types of organizations that will have access to the system, including those outside the Department of Defense; (ii) how the system will be accessed by users, including those outside the Department of Defense; (iii) how those users will be trained on the use of the system and what level of support will be available for users on an ongoing basis; and (iv) the data, information, and analytical capabilities supported by the system. (F) Identification and description of— (i) the organizations responsible for implementation of and overall operation of the system; (ii) the organizations responsible for entering data into the system and ensuring that data is entered into the system in a timely fashion; (iii) schedule and milestones for implementation; (iv) resources required, including personnel and funding; (v) implementation risks and how they will be mitigated; (vi) any necessary updates to policy or guidance required to implement the proposed reporting approach; and (vii) any legislative changes required to implement the proposed reporting approach. 855. Military standards for high-hardness armor in combat vehicle specifications (a) In general Not later than March 31, 2022, the Secretary of the Army shall establish military standards for high-hardness armor for incorporation into specifications for current and future combat vehicles developed and procured by the Department of the Army. (b) Report required Not later than June 30, 2022, the Secretary of the Army shall provide a report to the congressional defense committees that describes— (1) the establishment of military standards for high-hardness armor required pursuant to subsection (a); and (2) the strategy for incorporation of those standards into combat vehicle specifications. (c) Combat vehicle defined For purposes of this section, the term combat vehicle means a tracked or wheeled tactical vehicle incorporating high-hardness armor in its manufacture. 856. Revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems (a) In general The Under Secretary of Defense for Acquisition and Sustainment shall publish any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems in the Federal Register and shall specify a comment period of at least 60 days. (b) Notice The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written notice and justification for any proposed revisions to the Unified Facilities Criteria regarding the use of variable refrigerant flow systems not later than 30 days after the date of publication in the Federal Register. IX DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT 901. Change in eligibility requirements for appointment to certain Department of Defense leadership positions (a) Assistant Secretary of Defense for special operations and low intensity conflict Section 138(b)(2)(A) of title 10, United States Code, is amended by inserting after the third sentence the following: A person may not be appointed as Assistant Secretary within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. . (b) Secretary of the Army Section 7013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven . (c) Secretary of the Navy Section 8013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven . (d) Secretary of the Air Force Section 9013(a)(2) of title 10, United States Code, is amended by striking five and inserting seven . (e) Technical corrections relating to other positions (1) Under Secretary of Defense (Comptroller) Section 135(a)(1) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force . (2) Under Secretary of Defense for personnel and readiness Section 136(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force . (3) Under Secretary of Defense for intelligence and security Section 137(a) of title 10, United States Code, is amended by striking the armed forces and inserting an armed force . 902. Renaming of Air National Guard to Air and Space National Guard (a) Title 10 Title 10, United States Code, is amended— (1) in the section headings, by striking Air National Guard each place it appears and inserting Air and Space National Guard ; (2) in the tables of sections, by striking Air National Guard each place it appears and inserting Air and Space National Guard ; and (3) in the text, by striking Air National Guard each place it appears and inserting Air and Space National Guard . (b) Title 32 Title 32, United States Code, is amended by striking Air National Guard each place it appears and inserting Air and Space National Guard . (c) Title 37 Title 37, United States Code, is amended by striking Air National Guard each place it appears and inserting Air and Space National Guard . (d) Title 38 Title 38, United States Code, is amended by striking Air National Guard each place it appears and inserting Air and Space National Guard . (e) Other provisions of law (1) Title 5 Title 5, United States Code, is amended— (A) in section 2108(1)(B), by striking Air National Guard and inserting Air and Space National Guard ; and (B) in section 5518(2), by striking Air National Guard and inserting Air and Space National Guard . (2) Title 18 Section 1716(g)(2) of title 18, United States Code, is amended by striking Air National Guard and inserting Air and Space National Guard . (3) Title 28 Section 631(c) of title 28, United States Code, is amended by striking Air National Guard and inserting Air and Space National Guard . (4) Title 36 Section 20203 of title 36, United States Code, is amended by striking Air National Guard each place it appears and inserting Air and Space National Guard . (5) Internal Revenue Code of 1986 Section 3309(b)(3)(C) of the Internal Revenue Code of 1986 is amended by striking Air National Guard and inserting Air and Space National Guard . (6) Trade Act of 1974 Section 233(i)(2)(B) of the Trade Act of 1974 ( 19 U.S.C. 2293(i)(2)(B) ) is amended by striking Air National Guard and inserting Air and Space National Guard . (f) References Any reference in law, regulation, document, paper, or other record of the United States to the Air National Guard or the Air National Guard of the United States shall be deemed to be a reference to the Air and Space National Guard or the Air and Space National Guard of the United States, respectively. (g) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— (1) a plan to implement the organizational changes necessary to carry out the amendments made by subsections (a) through (f); and (2) a description of any technical and conforming amendments to provisions of law necessary to fully implement those changes. 903. Joint Aviation Safety Council (a) Short title This section may be cited as the Preventing Loss of Aircrews and Necessary Equipment Act or the PLANE Act . (b) Findings Congress makes the following findings: (1) Section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1992) established and authorized funding for the National Commission on Military Aviation Safety (in this subsection referred to as the Commission ). (2) The mission of the Commission as an independent establishment was to undertake a comprehensive study of United States military aviation mishaps that occurred between fiscal years 2013 and 2018 in order— (A) to assess the rates of military aviation mishaps between fiscal years 2013 and 2018 compared to historic aviation mishap rates; (B) to make an assessment of the underlying causes contributing to accidents arising from the unexplained physiological effects of flying; (C) to make an assessment of causes contributing to delays in aviation maintenance and limiting operational availability of aircraft; (D) to make an assessment of the causes contributing to military aviation mishaps; and (E) to make recommendations on the modifications, if any, of safety, training, maintenance, personnel, or other policies related to military aviation safety. (3) The Commission released its report to the President and Congress on December 1, 2020, and found that the United States Armed Forces lost a total of 224 lives, $11,600,000,000, and 186 aircraft to training accidents or routine operations between fiscal years 2013 and 2020. (4) While the Commission conducted its study, 26 lives, 29 aircraft, and $2,250,000,000 were lost. (5) The Commission made a number of recommendations to correct the increasing number of mishaps in hopes of saving precious lives and resources in the future. (c) Sense of Congress It is the sense of Congress that a confluence of factors is contributing to United States military aviation mishaps, including— (1) lack of centralized joint oversight; (2) misunderstanding of the physiological effects of the human-machine interface; (3) byzantine planning, contracting, and program management processes; (4) continued need for predictable and reliable funding; (5) over-extension of aviation forces as a result of high demand and low density; (6) underemphasis on maintainers as professional occupational specialties that require complex, career paths to support aviation safety, readiness, and operational tempo; and (7) dwindling pilot retention. (d) Establishment of Joint Aviation Safety Council (1) In general Chapter 7 of title 10, United States Code, is amended by inserting after section 183a the following new section: 184. Joint Aviation Safety Council (a) Establishment There is established, within the Office of the Deputy Secretary of Defense, a Joint Aviation Safety Council (in this section referred to as the Council ). (b) Membership (1) In general The Council shall be composed of voting members as follows: (A) The Director of Safety for each military department. (B) An employee of the Department of Defense appointed by the Deputy Secretary of Defense under paragraph (2)(B). (C) One member of each military department appointed by the Secretary concerned. (2) Appointment (A) Deadline The initial members of the Council shall be appointed not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022. (B) Senior Executive Service employee The Deputy Secretary of Defense shall appoint under paragraph (1)(B) an employee of the Department of Defense who is a career member of the Senior Executive Service with a record of successfully running programs within the Department. (C) Directors of Safety Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of each military department shall appoint an officer of that department in grade O–8 as Director of Safety for the department. (3) Removal A member of the Council shall serve at the will of the official who appointed the member. (4) Vacancies Any vacancy on the Council shall be filled in the same manner as the original appointment. (5) Compensation A member of the Council shall serve without compensation in addition to the compensation received by the member for the service of the member as an officer or employee of the United States. (6) Meetings The Council shall meet quarterly and at the call of the chairperson. (c) Chairperson and Vice Chairperson (1) Chairperson (A) In general The Secretary of Defense shall select one of the members of the Council who is a member of the armed forces to serve as chairperson of the Council. (B) Term The chairperson shall serve for a term of two years. (C) Responsibilities of chairperson In addition to serving as the head of the Council, the chairperson shall— (i) serve as the Director of Aviation Safety for the Department of Defense; (ii) serve as principal advisor to the Secretary of Defense regarding military aviation safety and related regulations and policy reforms, including issues regarding maintenance, supply chains, personnel management, and training; (iii) oversee all duties and activities of the Council including conduct of military aviation safety studies and issuance of safety guidance to services; (iv) work with and advise the Secretaries of the military departments through appointed safety chiefs to implement standardized aviation safety guidance across all military departments; (v) submit an annual report to Secretary of Defense and Congress reviewing the compliance of each military department with the guidance described in clause (iv); (vi) advise Congress on issues related to military aviation safety and reforms; and (vii) oversee coordination with other Federal agencies, including the Federal Aviation Administration, to inform military aviation safety guidance and reforms. (2) Vice Chairperson (A) In general The individual appointed under subsection (b)(1)(B) shall serve as vice chairperson of the Council. (B) Relationship to chairperson The vice chairperson of the Council shall report to the chairperson and serve as chairperson in the absence of the chairperson selected under subparagraph (A). (d) Responsibilities of Council (1) In general Subject to subsection (e), the Council shall be responsible for issuing, publishing, and updating regulations related to military aviation safety, including regulations on the reporting and investigation of aviation mishaps. (2) Mishap data The Council shall— (A) establish uniform data collection standards for aviation mishaps in the Department of Defense; (B) review the compliance of each military department in adopting and using the uniform data collection standards required under subparagraph (A); and (C) review aviation mishap data to assess, identify, and prioritize risk mitigation efforts in military aviation. (3) Non-mishap data The Council shall establish— (A) standards and requirements for the collection of aircraft, simulator, airfield, and pilot data; and (B) requirements for each military department to collect and analyze the issuance of any waiver related to pilot qualifications or standards. (4) Aviation safety management system The Council shall— (A) establish, in consultation with the Administrator of the Federal Aviation Administration, a requirement for each military department to implement an aviation safety management system; (B) review for approval the proposal of each military department for an aviation safety management system; and (C) review the implementation of that system by each military department. (5) Review of civil aviation safety programs and practices The Council shall review and assess civil aviation safety programs and practices and determine their suitability for implementation in military aviation. (e) Oversight The decisions and recommendations of the Council are subject to review and approval by the Deputy Secretary of Defense. (f) Staff (1) Permanent staff The Council may appoint and fix the rate of basic pay for additional personnel as staff of the Council in accordance with section 3101 of title 5. (2) Detailees The Council may accept individuals on detail from within the Department of Defense and from other Federal agencies on a reimbursable or non-reimbursable basis. (g) Space for Council Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator of General Services, in consultation with the Secretary of Defense, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Council. If the Administrator is not able to make such suitable excess space available within such 90-day period, the Council may lease space to the extent that funds are available for such purpose. (h) Contracting authority The Council may enter into contracts for the acquisition of administrative supplies, equipment, and personnel services for use by the Council, to the extent that funds are available for such purposes. (i) Procurement of temporary and intermittent services The chairperson of the Council may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (j) Data collection (1) Access to databases Under regulations prescribed by the Secretary of Defense, the Council shall have access to databases of the Department of Defense necessary to carry out the duties of the Council. (2) Sharing of aviation safety data Under regulations prescribed by the Secretary of Defense, the Council may enter into agreements with the Federal Aviation Administration, the National Transportation Safety Board, and any other Federal agency regarding the sharing of aviation safety data. (3) Privilege of data Except for such data as the Secretary of Defense may choose to provide, and notwithstanding any other provision of law, data collected by the Council under this subsection shall be privileged from disclosure or discovery to any person. . (2) Clerical amendment The table of sections for chapter 7 of such title is amended by inserting after the item relating to section 183a the following new item: 184. Joint Aviation Safety Council. . (e) Timeline for establishment The Secretary of Defense shall implement and provide the necessary resources for the Joint Aviation Safety Council established under section 184 of title 10, United States Code, as added by subsection (d), by not later than the date that is 120 days after the date of the enactment of this Act. (f) Report required Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— (1) a description of the measures the Department of Defense plans to take to correct the issues identified in the report to the President and Congress of the National Commission on Military Aviation Safety Report, dated December 1, 2020; (2) a statement of whether the Secretary concurs or disagrees with the findings of that report; and (3) a detailed plan of action for implementation of each recommendation included in that report. (g) Funding The amount authorized to be appropriated for fiscal year 2022 by this Act for military personnel appropriations is hereby increased by $4,000,000, with the amount of the increase to be available for the Joint Aviation Safety Council established under section 184 of title 10, United States Code, as added by subsection (d). 904. Assignments for participants in the John S. McCain Strategic Defense Fellows Program Section 932(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 1580 note prec.) is amended— (1) in paragraph (2)— (A) by striking and each Under Secretary of Defense and Director of a Defense Agency who reports directly to the Secretary of Defense, and inserting , each Under Secretary of Defense, and other officials, as designated by the Secretary of Defense, within the Office of the Secretary of Defense (as defined in section 131 of title 10, United States Code) who report directly to the Secretary of Defense ; and (B) by striking or Director and inserting or official within the Office of the Secretary of Defense ; (2) in paragraph (3)— (A) by striking Under Secretaries and Directors and inserting Under Secretaries of Defense and other officials within the Office of the Secretary of Defense ; and (B) by striking Under Secretary, or Director and inserting Under Secretary of Defense, or other official within the Office of the Secretary of Defense ; and (3) in paragraph (7), by striking shall be on a first-come, first-served basis and inserting may require a minimum service agreement, as determined by the Secretary . 905. Alignment of Close Combat Lethality Task Force (a) In general Until the Secretary of Defense submits to the congressional defense committees the report described in subsection (b), the Secretary shall reinstate— (1) the initial alignment of the Close Combat Lethality Task Force (CCLTF) so that the Task Force reports directly to the Secretary; and (2) the designation of the Task Force as a cross-functional team under section 911 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note). (b) Report described The report described in this subsection is a report on a proposed alternative alignment for the Close Combat Lethality Task Force that includes— (1) a description of— (A) how the proposed alignment of the Task Force would— (i) facilitate the effective pursuit of, and support for, both materiel and non-materiel initiatives by the Task Force; (ii) maintain benefits for the Task Force similar to the benefits associated with reporting directly to the Secretary of Defense and designation as a cross-functional team; and (iii) ensure collaboration and support from the primary stakeholders in the Task Force, including the Army, the Marine Corps, and the United States Special Operations Command; and (B) how the Task Force would be funded and gain appropriate resourcing for cross-functional team initiatives supported by the Secretary; and (2) supporting analysis for the matters described in paragraph (1). (c) Exception Subsection (a) does not apply if the President submits to the congressional defense committees— (1) a certification that implementing that subsection would be detrimental to the defense interests of the United States; and (2) a justification for the certification. 906. Management innovation activities (a) In general The Secretary of Defense shall establish a set of activities to improve the effectiveness of management activities within the Department of Defense, with the goals of incorporating appropriate private sector management practices and technologies and enhancing the capabilities of the defense management workforce. (b) Management activities The activities established under subsection (a) may include the following: (1) Public-private partnerships with appropriate private sector and government organizations. (2) Personnel exchange programs with appropriate industry, academic, and government organizations to enhance the capabilities of the defense management workforce. (3) Research, development, and technology and business process prototyping activities to create new technological capabilities to support management missions, or development and testing of new management concepts and business transformation activities. (4) A designated activity or agency to lead management innovation activities. (5) A process by which defense business process owners and other personnel of the Department of Defense can identify management and business process challenges and opportunities that could be addressed by activities established under this section. (6) Processes to develop, prototype, test, and field new business processes and practices to improve defense management capabilities. (7) Academic research and educational activities related to defense management missions to promote— (A) development of innovative management concepts; (B) analyses and addressing of current management challenges; and (C) development of programs and activities to develop a future defense management workforce. (8) Such other activities as the Secretary considers appropriate. (c) Plan required Not later than February 1, 2023, the Secretary shall submit to the congressional defense committees a plan for activities established under this section. (d) Briefings Not later than July 1, 2022, and July 1, 2023, the Secretary shall provide to the congressional defense committees briefings on activities established and plans developed under this section. X GENERAL PROVISIONS A Financial Matters 1001. General transfer authority (a) Authority To transfer authorizations (1) Authority Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2022 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (2) Limitation Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $6,000,000,000. (3) Exception for transfers between military personnel authorizations A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2). (b) Limitations The authority provided by subsection (a) to transfer authorizations— (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and (2) may not be used to provide authority for an item that has been denied authorization by Congress. (c) Effect on authorization amounts A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred. (d) Notice to Congress The Secretary shall promptly notify Congress of each transfer made under subsection (a). 1002. Commission on Planning, Programming, Budgeting, and Execution Reform (a) Establishment (1) In general There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on Planning, Programming, Budgeting, and Execution Reform (in this section referred to as the Commission ). (2) Date of establishment The date of establishment referred to in paragraph (1) is 30 days after the date of the enactment of this Act. (b) Membership (1) Number and appointment The Commission shall be composed of 10 members from private civilian life who are recognized experts and have relevant professional experience in matters relating to the planning, programming, budgeting, and execution process of the Department of Defense. The members shall be appointed as follows: (A) The Secretary of Defense shall appoint two members. (B) The Chair and the Ranking Member of the Committee on Armed Services of the Senate shall each appoint one member. (C) The Chair and the Ranking Member of the Committee on Armed Services of the House of Representatives shall each appoint one member. (D) The Chair and the Ranking Member of the Subcommittee on Defense of the Committee on Appropriations of the Senate shall each appoint one member. (E) The Chair and the Ranking Member of the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives shall each appoint one member. (2) Deadline for appointment Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and Vice Chair (1) Chair The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Chair of the Commission. (2) Vice Chair The ranking member of the Committee on Armed Services of the Senate and the ranking member of the Committee on Armed Services of the House of Representatives shall jointly designate one member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to examine and make recommendations with respect to the planning, programming, budgeting, and execution process of the Department of Defense. (f) Scope and duties In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: (1) The Commission shall review the planning, programming, budgeting, and execution process of the Department of Defense, including the development and production of the Defense Planning Guidance, the Program Objective Memorandum, and the Budget Estimate Submission. (2) The Commission shall conduct a comprehensive assessment of the efficacy and efficiency of all phases of the planning, programming, budgeting, and execution process, including the roles of key Department officials and the timelines to complete the process. (g) Commission report and recommendations (1) Report Not later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the Secretary of Defense and to Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements: (A) An examination of the development of the Defense Planning Guidance, the Program Objective Memorandum, the Budget Estimate Submission, and any supporting documents. (B) An analysis of the timelines involved in developing an annual budget request and the Future Years Defense Program, including the ability to make program changes within those timelines. (C) A review of the sufficiency of the civilian personnel workforce in the Office of the Secretary of Defense and the Office of Cost Assessment and Program Evaluation to conduct budgetary and program evaluation analysis. (D) An examination of the obstacles that inhibit, and the efforts to develop, new and agile programming and budgeting processes to enable rapid development and integration of emerging technology to enable the United States to more effectively counter near-peer competitors. (E) A review of the frequency and sufficiency of budget and program execution analysis, to include any existing data analytics tools and any suggested improvements. (F) Recommendations for reform for the Department to make internally. (G) Recommendations for reform that require legislation. (H) Any other elements the Commission considers appropriate. (2) Interim briefing Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives and the Subcommittees on Defense of the Committees on Appropriations of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations. (3) Form The report submitted to Congress under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized The Secretary may provide, and the Commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation (A) Independent, non-government institute Not later than 45 days after the Commission establishment date specified in subsection (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (i) Staff (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive Director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. (m) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (n) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (o) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (p) Postal services The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (q) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (r) Removal of members A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (s) Termination The Commission shall terminate 90 days after the date on which it submits the report required by subsection (g). 1003. Plan for consolidation of information technology systems used in the planning, programming, budgeting, and execution process Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller), in consultation with the Chief Information Officer and the Chief Data Officer, shall submit to the congressional defense committees a plan to consolidate the information technology (IT) systems used to manage data and support the planning, programming, budgeting, and execution (PPBE) process of the Department of Defense. The plan should incorporate those systems used by the military departments as well as those used by the defense-wide agencies, and should address the retirement or elimination of such systems. B Counterdrug activities 1011. Codification and expansion of authority for joint task forces of the Department of Defense to support law enforcement agencies conducting counter-terrorism, counter-illicit trafficking, or counter-transnational organized crime activities (a) Codification of section 1022 of FY 2004 NDAA Chapter 15 of title 10, United States Code, is amended by adding at the end a new section 285 consisting of— (1) a heading as follows: 285. Authority for joint task forces to support law enforcement agencies conducting counter-terrorism, counter-illicit trafficking, or counter-transnational organized crime activities ; and (2) a text consisting of the text of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ( 10 U.S.C. 271 note). (b) Amendments Section 285 of title 10, United States Code, as added by subsection (a), is amended— (1) in subsection (a), by inserting , counter-illicit trafficking activities, after counter-terrorism activities ; (2) in subsection (b)— (A) by striking During fiscal years 2006 through 2022, funds for drug interdiction and inserting Funds for drug interdiction ; and (B) by inserting , counter-illicit trafficking, after counter-terrorism ; (3) in subsection (c)— (A) in the matter preceding paragraph (1), by striking of each year in which the authority in subsection (a) is in effect and inserting of each year ; and (B) in paragraph (1)— (i) by inserting counter-illicit trafficking, after on counter-drug, ; and (ii) by inserting , counter-illicit trafficking, after provide counter-terrorism, ; (4) in subsection (d)— (A) in paragraph (2)(A)— (i) by inserting , counter-illicit trafficking, after counter-terrorism ; and (ii) by striking significantly ; (B) by striking (d) Conditions .—(1) and all that follows through (2)(A) Support and inserting (d) Conditions .—(1) Support ; (C) by redesignating subparagraph (B) as paragraph (2); and (D) in paragraph (2), as so redesignated— (i) in the first sentence— (I) by striking subparagraph (A) and inserting paragraph (1) ; and (II) by striking vital to and inserting in ; and (ii) in the second sentence, by striking the vital and inserting the ; and (5) by striking subsection (e) and inserting the following new subsection (e): (e) Definitions (1) In this section: (A) The term illicit trafficking means the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, illegal maritime activities, or trade in illegal drugs and weapons, whether conducted by a transnational criminal organization or a state actor. (B) The term transnational organized crime has the meaning given such term in section 284(i) of this title. (2) For purposes of applying the definition of transnational organized crime under paragraph (1)(B) to this section, the term illegal means , as it appears in such definition, includes— (A) illicit trafficking; and (B) any other form of illegal means determined by the Secretary of Defense. . (c) Conforming repeal Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 ( 10 U.S.C. 271 note) is repealed. (d) Clerical amendment The table of sections at the beginning of chapter 15 of such title is amended by adding at the end the following new item: 285. Authority for joint task forces to support law enforcement agencies conducting counter-terrorism, counter-illicit trafficking, or counter-transnational organized crime activities. . 1012. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia Section 1021 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( Public Law 108–375 ; 118 Stat. 2042), as most recently amended by section 1021 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1577), is further amended— (1) in subsection (a)(1), by striking 2022 and inserting 2023 ; and (2) in subsection (c), by striking 2022 and inserting 2023 . C Naval vessels 1021. Modification to annual naval vessel construction plan (a) In general Section 231 of title 10, United States Code, is amended— (1) in subsection (b)(2), by adding at the end the following new subparagraphs: (G) The expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. (H) A certification by the appropriate Senior Technical Authority designated under section 8669b of this title of the expected service life of each vessel in the naval vessel force provided for under the naval vessel construction plan, disaggregated by ship class, and the rationale for any changes to such expectations from the previous year's plan. ; and (2) in subsection (f), by adding at the end the following new paragraph: (6) The term expected service life means the number of years a naval vessel is expected to be in service. . (b) Repeal of termination of annual naval vessel construction plan Section 1061(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraph (15). 1022. Navy battle force ship assessment and requirement reporting (a) In general Chapter 863 of title 10, United States Code, is amended— (1) by redesignating the second section 8692, as added by section 1026 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), as section 8693; and (2) by inserting after section 8693, as redesignated by paragraph (1), the following new section: 8694. Navy battle force ship assessment and requirement reporting (a) In general Not later than 180 days after the date on which a covered event occurs, the Chief of Naval Operations shall submit to the congressional defense committees a battle force ship assessment and requirement. (b) Assessment Each assessment required by subsection (a) shall include the following: (1) A review of the strategic guidance of the Federal Government, the Department of Defense, and the Navy for identifying priorities, missions, objectives, and principles, in effect as of the date on which the assessment is submitted, that the force structure of the Navy must follow. (2) An identification of the steady-state demand for maritime security and security force assistance activities. (3) An identification of the force options that can satisfy the steady-state demands for activities required by theater campaign plans of combatant commanders. (4) A force optimization analysis that produces a day-to-day global posture required to accomplish peacetime and steady-state tasks assigned by combatant commanders. (5) A modeling of the ability of the force to fight and win scenarios approved by the Department of Defense. (6) A calculation of the number and global posture of each force element required to meet steady-state presence demands and warfighting response timelines. (c) Requirement (1) Each requirement required by subsection (a) shall— (A) be based on the assessment required by subsection (b); and (B) identify, for each of the fiscal years that are five, 10, 15, 20, 25, and 30 years from the date of the covered event— (i) the total number of battle force ships required; (ii) the number of battle force ships required in each of the categories described in paragraph (2); (iii) the classes of battle ships included in each of the categories described in paragraph (2); and (iv) the number of battle force ships required in each such class. (2) The categories described in this paragraph are the following: (A) Aircraft carriers. (B) Large surface combatants. (C) Small surface combatants. (D) Amphibious warfare ships. (E) Attack submarines. (F) Ballistic missile submarines. (G) Combat logistics force. (H) Expeditionary fast transport. (I) Expeditionary support base. (J) Command and support. (K) Other. (d) Definitions In this section: (1) The term battle force ship means the following: (A) A commissioned United States Ship warship capable of contributing to combat operations. (B) A United States Naval Ship that contributes directly to Navy warfighting or support missions. (2) The term covered event means a significant change to any of the following: (A) Strategic guidance that results in changes to theater campaign plans or warfighting scenarios. (B) Strategic construction of vessels or aircraft that affects sustainable peacetime presence or warfighting response timelines. (C) Operating concepts, including employment cycles, crewing constructs, or operational tempo limits, that affect peacetime presence or warfighting response timelines. (D) Assigned missions that affect the type or quantity of force elements. . (b) Clerical amendment The table of sections at the beginning of chapter 863 of such title is amended by striking the item relating to the second section 8692 and inserting the following new items: 8693. Biennial report on shipbuilder training and the defense industrial base. 8694. Navy battle force ship assessment and requirement reporting. . (c) Baseline assessment and requirement required The date that is 180 days after the date of the enactment of this Act is deemed to be a covered event for the purposes of establishing a baseline battle force ship assessment and requirement under section 8694 of title 10, United States Code, as added by subsection (a). D Counterterrorism 1031. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1953), as most recently amended by section 1041 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022 . 1032. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1042 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022 . 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1954), as most recently amended by section 1043 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking December 31, 2021 and inserting December 31, 2022 . 1034. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 131 Stat. 1551), as most recently amended by section 1044 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking fiscal years 2018 through 2021 and inserting any of fiscal years 2018 through 2022 . 1035. Report on medical care provided to detainees at United States Naval Station, Guantanamo Bay, Cuba (a) Report Not later than 120 days after the date of the enactment of this Act, the Chief Medical Officer of United States Naval Station, Guantanamo Bay (in this section referred to as the Chief Medical Officer ), shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision of medical care to individuals detained at Guantanamo. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of the quality of medical care provided to individuals detained at Guantanamo, including whether such care meets applicable standards of care. (2) A description of the medical facilities and resources at United States Naval Station, Guantanamo Bay, Cuba, available to individuals detained at Guantanamo. (3) A description of the medical facilities and resources not at United States Naval Station, Guantanamo Bay, that would be made available to individuals detained at Guantanamo as necessary to meet applicable standards of care. (4) A description of the range of medical conditions experienced by individuals detained at Guantanamo as of the date on which the report is submitted. (5) A description of the range of medical conditions likely to be experienced by individuals detained at Guantanamo, given the medical conditions of such individuals as of the date on which the report is submitted and the likely effects of aging. (6) An assessment of any gaps between— (A) the medical facilities and resources described in paragraphs (2) and (3); and (B) the medical facilities and resources required to provide medical care necessary to meet applicable standards of care for the medical conditions described in paragraphs (4) and (5). (7) The plan of the Chief Medical Officer to address the gaps described in paragraph (6), including the estimated costs associated with addressing such gaps. (8) An assessment of whether the Chief Medical Officer has secured from the Department of Defense access to individuals, information, or other assistance that the Chief Medical Officer considers necessary to enable the Chief Medical Officer to carry out the Chief Medical Officer's duties, including full and expeditious access to the following: (A) Any individual detained at Guantanamo. (B) Any medical records of any individual detained at Guantanamo. (C) Medical professionals of the Department who are working, or have worked, at United States Naval Station, Guantanamo Bay. (c) Form of report The report required by subsection (a) shall be submitted in classified form. (d) Definitions In this section, the terms individual detained at Guantanamo , medical care , and standard of care have the meanings given those terms in section 1046(e) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1586; 10 U.S.C. 801 note). E Miscellaneous Authorities and Limitations 1041. Notification of significant Army force structure changes (a) Notice requirements No irrevocable action may be taken to implement a significant change to Army force structure, including the temporary establishment or stationing of a new or experimental unit of significance, or to announce such a change, until the Secretary of Defense or the Secretary of the Army submits to the congressional defense committees written notification of the plan, including— (1) details and timing of the planned change; (2) justification for the planned change; and (3) the estimated costs and implications of the planned change. (b) Exception The notification requirement under subsection (a) does not apply if the Secretary of Defense certifies to the congressional defense committees in advance that the planned Army force structure change must be implemented immediately for reasons of national security or military emergency. (c) Definition In this section, the term significant change to Army force structure means— (1) a change in the number, type, or component of brigade-level organizations or higher-echelon headquarters; (2) a change in the number or component of a high-interest capability such as THAAD or hypersonic weapon battery; or (3) an increase or decrease of 1,000 or more military and or civilian personnel from a military function or specialty. 1042. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers Section 6(b)(1)(B) of the Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America , and for other purposes , approved March 24, 1976 ( 48 U.S.C. 1806(b)(1)(B) ), is amended by striking December 31, 2023 and inserting December 31, 2029 . F Studies and Reports 1051. Report on implementation of irregular warfare strategy (a) Report Not later than 180 days after the date of enactment of this Act, and annually thereafter through fiscal year 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the activities and programs of the Department of Defense to implement the irregular warfare strategy consistent with the 2019 Annex to the National Defense Strategy. (b) Elements of report The report required by section (a) shall include the following elements: (1) A description and assessment of efforts to institutionalize the approach of the Department of Defense to irregular warfare and maintain a baseline of capabilities and expertise in irregular warfare in both conventional and special operations forces, including efforts to— (A) institutionalize irregular warfare in force development and design; (B) transform the approach of the Department of Defense to prioritize investments in and development of human capital for irregular warfare; (C) ensure an approach to irregular warfare that is agile, efficient, and effective by investing in and developing capabilities in a cost-informed and resource-sustainable manner; and (D) integrate irregular warfare approaches into operational plans and warfighting concepts for competition, crisis, and conflict. (2) A description and assessment of efforts to operationalize the approach of the Department of Defense to irregular warfare to meet the full range of challenges posed by adversaries and competitors, including efforts to— (A) execute proactive, enduring campaigns using irregular warfare capabilities to control the tempo of competition, shape the environment, and increase the cost of hostilities against the United States and its allies; (B) adopt a resource-sustainable approach to countering violent extremist organizations and consolidating gains against the enduring threat from these organizations; (C) improve the ability of the Department of Defense to understand and operate within the networked, contested, and multi-domain environment in which adversaries and competitors operate; (D) foster and sustain unified action in irregular warfare including through collaboration and support of interagency partners in the formulation of assessments, plans, and the conduct of operations; and (E) expand networks of allies and partners, including for the purpose of increasing the ability and willingness of allies and partners to defend their sovereignty, contribute to coalition operations, and advance common security initiatives. (3) A description of the status of the plan, to be produced by the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Chairman of the Joint Chiefs of Staff, in coordination with the Combatant Commands and Services, to implement the objectives described in the 2019 Irregular Warfare Annex to the National Defense Strategy, and a description of efforts by the Components of the Department of Defense to expeditiously implement this plan, including the allocation of resources to implement the plan. (4) An assessment by the Secretary of Defense of the resources, plans, and authorities required to establish and sustain irregular warfare as a fully-integrated core competency for the Joint Forces. (c) Form The report required by section (a) shall be submitted in unclassified form, but may include a classified annex. 1052. Optimization of Irregular Warfare Technical Support Directorate (a) Plan required (1) In general Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall submit to the congressional defense committees a plan for improving the support provided by the Irregular Warfare Technical Support Directorate to meet military requirements. (2) Elements The report required by paragraph (1) shall include the following: (A) Specific actions to— (i) ensure adequate focus on rapid fielding of required capabilities; (ii) improve metrics and methods for tracking projects that have transitioned into programs of record; and (iii) minimize overlap with other research, development, and acquisition efforts. (B) Such other matters as the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. (b) Department of Defense Instruction required Not later than 270 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, in coordination with the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, and the Secretaries of the military departments, shall publish an updated Department of Defense Instruction in order to— (1) define the objectives, organization, mission, customer base, and role of the Irregular Warfare Technical Support Directorate; (2) ensure coordination with external program managers assigned to the military departments and the United States Special Operations Command; (3) facilitate adequate oversight by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Acquisition and Sustainment; and (4) address such other matters as the the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict considers relevant. 1053. Quarterly briefings on anomalous health incidents (a) Briefings required Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter for two years, the Secretary of Defense shall brief the congressional defense committees on efforts of the Department of Defense to address anomalous health incidents. (b) Elements Each briefing required by subsection (a) shall include the following: (1) An explanation of efforts of the Department to investigate, attribute, and mitigate the cause of anomalous health incidents, including any additional resources or authorities necessary to enhance such efforts. (2) A description of the process used to ensure timely assessment and treatment of United States Government personnel who have suffered from an anomalous health incident, including any additional resources or authorities necessary to ensure adequate care for such personnel and their families. (3) An articulation of efforts— (A) to improve training of personnel most at risk of experiencing anomalous health incidents; and (B) to encourage reporting of such incidents when they occur. (4) Such other matters as the Secretary considers relevant. G Other Matters 1061. Commission on the National Defense Strategy (a) Establishment (1) In general There is hereby established, as of the date specified in paragraph (2), an independent commission in the legislative branch to be known as the Commission on the National Defense Strategy for the United States (in this subtitle referred to as the Commission ). (2) Date of establishment The date of establishment referred to in paragraph (1) is the date that is not later than 30 days after the date on which the Secretary of Defense provides a national defense strategy as required by section 113(g) of title 10, United States Code. (b) Membership (1) Number and appointment The Commission shall be composed of 12 members from private civilian life who are recognized experts in matters relating to the national security of the United States. The members shall be appointed as follows: (A) The Chair of the Committee on Armed Services of the Senate shall appoint 3 members. (B) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 3 members. (C) The Chair of the Committee on Armed Services of the House of Representatives shall appoint 3 members. (D) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 3 members. (2) Deadline for appointment Members shall be appointed to the Commission under paragraph (1) not later than 45 days after the Commission establishment date specified under subsection (a)(2). (3) Effect of lack of appointment by appointment date If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (c) Chair and vice chair (1) Chair The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives shall jointly designate 1 member of the Commission to serve as Chair of the Commission. (2) Vice chair The Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives shall jointly designate 1 member of the Commission to serve as Vice Chair of the Commission. (d) Period of appointment and vacancies Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment was made. (e) Purpose The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy for the United States. (f) Scope and duties In order to provide the fullest understanding of the matters required under subsection (e), the Commission shall perform the following duties: (1) National defense strategy review The Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy. (2) Assessment The Commission shall conduct a comprehensive assessment of the strategic environment to include the threats to the national security of the United States, including both traditional and non-traditional threats, the size and shape of the force, the readiness of the force, the posture, structure, and capabilities of the force, allocation of resources, and the strategic and military risks in order to provide recommendations on the national defense strategy for the United States. (g) Commission report and recommendations (1) Report Not later than one year after the Commission establishment date specified under subsection (a)(2), the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under subsection (f), together with any recommendations of the Commission. The report shall include the following elements: (A) An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges. (B) An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States. (C) A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy. (D) Identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subparagraph (C), as well as the roles and capabilities provided by other Federal agencies and by allies and international partners. (E) An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors. (F) An evaluation of the resources necessary to support the strategy, including budget recommendations. (G) An examination of the Department’s efforts to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors. (H) An analysis of the force planning construct, including— (i) the size and shape of the force; (ii) the posture, structure, and capabilities of the force; (iii) the readiness of the force; (iv) infrastructure and organizational adjustments to the force; (v) modifications to personnel requirements, including professional military education; and (vi) other elements of the defense program necessary to support the strategy. (I) An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources. (J) Any other elements the Commission considers appropriate. (2) Interim briefings (A) Not later than 180 days after the Commission establishment date specified in subsection (a)(2), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of its review and assessment to include a discussion of any interim recommendations. (B) At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by subparagraph (2)(A). (3) Form The report submitted to Congress under paragraph (1) of this subsection shall be submitted in unclassified form, but may include a classified annex. (h) Government cooperation (1) Cooperation In carrying out its duties, the Commission shall receive the full and timely cooperation of the Secretary of Defense in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of its responsibilities. (2) Liaison The Secretary shall designate at least 1 officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Detailees authorized The Secretary may provide, and the commission may accept and employ, personnel detailed from the Department of Defense, without reimbursement. (4) Facilitation (A) Independent, non-government institute Not later than 45 days after the Commission establishment date specified in subparagraph (a)(2), the Secretary of Defense shall make available to the Commission the services of an independent, non-governmental institute described in section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from tax under section 501(a) of such Code, that has recognized credentials and expertise in national security and military affairs in order to facilitate the Commission’s discharge of its duties under this section. (B) Federally funded research and development center On request of the Commission, the Secretary of Defense shall make available the services of a federally funded research and development center that is covered by a sponsoring agreement of the Department of Defense in order to enhance the Commission’s efforts to discharge its duties under this section. (5) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the commission by their respective Senate and House offices under processes developed for the clearance of legislative branch employees. (i) Staff (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (3) Pay The Executive Director, with the approval of the Commission, may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (j) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (k) Authority to accept gifts The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this subsection does not extend to gifts of money. Gifts accepted under this authority shall be documented, and conflicts of interest or the appearance of conflicts of interest shall be avoided. Subject to the authority in this section, commissioners shall otherwise comply with rules set forth by the Select Committee on Ethics of the United States Senate and the Committee on Ethics of the House of Representatives governing Senate and House employees. (l) Funding Of the amounts authorized to be appropriated by this act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Commission to carry out its duties under this subtitle. Funds made available to the Commission under the preceding sentence shall remain available until expended. (m) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act). (n) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (o) Use of government information The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out its duties. Upon such request of the chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (p) Postal services The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the United States. (q) Space for use of commission Not later than 30 days after the establishment date of the Commission, the Administrator of General Services, in consultation with the Commission, shall identify and make available suitable excess space within the Federal space inventory to house the operations of the Commission. If the Administrator is not able to make such suitable excess space available within such 30-day period, the Commission may lease space to the extent the funds are available. (r) Removal of members A member may be removed from the commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal, voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this section shall not affect the powers of the commission, and shall be filled in the same manner as the original appointment was made. (s) Termination The Commission shall terminate 90 days after the date on which it submits the report required by subsection (g). 1062. Assessment of requirements for and management of Army three-dimensional terrain data (a) Joint assessments and determinations The Vice Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Intelligence and Security, and the Secretary of the Army, in consultation with other appropriate Department of Defense officials, shall jointly— (1) assess joint force requirements for three-dimensional terrain data to achieve Combined Joint All-Domain Command and Control (CJADC2), including the use of such data for Multi-Domain Operations'— (A) training; (B) planning; (C) mission rehearsal; (D) operations; (E) after action review; (F) intelligence, including geolocation support to intelligence collection systems; (G) targeting; and (H) modeling and simulation; (2) determine whether One World Terrain three-dimensional geospatial data meets the accuracy, resolution, and currency required for precision targeting; and (3) determine the optimum management and joint funding structure for the collection, production, storage, and consumption of three-dimensional terrain data, including consideration of— (A) designating the Army as the Executive Agent for warfighter collection, production and consumption of three-dimensional geospatial content at the point-of-need; and (B) designating the National Geospatial Intelligence Agency as Executive Agent for three-dimensional data validation and certification, enterprise storage and retrieval, joint three-dimensional data functions, and foundational three-dimensional geospatial intelligence; (C) establishing governance structures across the military departments and the National Geospatial Intelligence Agency for the procurement and production of three-dimensional terrain data from commercial sources; and (D) establishing three-dimensional One World Terrain as a program of record. (b) Army management considerations If the Vice Chairman, the Under Secretary, and the Secretary of the Army determine that the Army should serve as the Executive Agent for Department of Defense three-dimensional terrain data, the Secretary shall determine the respective roles of the Army Acquisition Executive, including the Program Executive Officers for Simulation, Training, and Instrumentation and Intelligence, Electronic Warfare and Sensors, and the Army’s Geographic Information Officer and Geospatial Center (AGC). (c) Additional Army determinations The Secretary of the Army shall determine whether operational use of the Integrated Visual Augmentation System, and Army intelligence and mission command systems, require three-dimensional One World Terrain data for assigned operational missions, including targeting. (d) Briefing required Not later than 180 days after the date of the enactment of this Act, the Vice Chairman, the Under Secretary, and the Secretary of the Army shall complete the assessments and determinations required by this section and provide a briefing to the congressional defense committees on such assessments and determinations. 1063. Modification to Regional Centers for Security Studies (a) In general Section 342(b)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies. . (b) Acceptance of gifts and donations Section 2611(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (F) The Ted Stevens Center for Arctic Security Studies. . XI Civilian personnel matters 1101. Civilian personnel management Section 129(a) of title 10, United States Code, is amended— (1) in the first sentence, by striking primarily on the basis of and consistent with and inserting according to ; and (2) by striking the second sentence. 1102. Consideration of employee performance in reductions in force for civilian positions in the Department of Defense Section 1597(e) title 10, United States Code, is amended— (1) by striking the subsection heading and inserting Consideration of employee performance in reductions ; and (2) by striking be made primarily on the basis of and inserting , among other factors as determined by the Secretary, account for employee . 1103. Enhancement of recusal for conflicts of personal interest requirements for Department of Defense officers and employees (a) In general In addition to the prohibition set forth in section 208 of title 18, United States Code, an officer or employee of the Department of Defense may not participate personally and substantially in any covered matter that the officer or employee knows, or reasonably should know, is likely to have a direct and predictable effect on the financial interests of— (1) any organization, including a trade organization, for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 4 years; (2) a former direct competitor or client of any organization for which the officer or employee has served as an employee, officer, director, trustee, or general partner in the past 4 years; or (3) any employer with whom the officer or employee is seeking employment. (b) Construction Nothing in this section shall be construed to terminate, alter, or make inapplicable any other prohibition or limitation in law or regulation on the participation of officers or employees of the Department of Defense in covered matters having an effect on their or related financial or other personal interests. (c) Covered matter defined In this section, the term covered matter — (1) means any matter that involves deliberation, decision, or action that is focused upon the interests of a specific person or a discrete and identifiable class of persons; and (2) includes policymaking that is narrowly focused on the interests of a discrete and identifiable class of persons. 1104. Authority to employ civilian faculty members at the Defense Institute of International Legal Studies Section 1595(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) The Defense Institute of International Legal Studies. . 1105. Extension of temporary increase in maximum amount of voluntary separation incentive pay authorized for civilian employees of the Department of Defense (a) In general Section 1107 of the National Defense Authorization Act for Fiscal Year 2017 ( 5 U.S.C. 9902 note) is amended by striking September 30, 2021 and inserting September 30, 2025 . (b) Briefings Not later than December 31, 2023, and December 31, 2025, the Secretary of Defense shall provide a briefing to the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives including— (1) a description of the effect of such section 1107 (as amended by subsection (a)) on the management of the Department of Defense civilian workforce during the most recently ended fiscal year; (2) the number of employees offered voluntary separation incentive payments during such fiscal year by operation of such section; and (3) the number of such employees that accepted such payments. 1106. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 ( Public Law 109–234 ; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4616) and as most recently amended by section 1106 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking 2022 and inserting 2023 . 1107. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4615), as most recently amended by section 1105 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended by striking through 2021 and inserting through 2022 . 1108. Pilot program on direct hire authority for spouses of members of the uniformed services at locations outside the United States (a) In general The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection (b) to hire spouses of members of the uniformed services at locations outside the United States. (b) Authority In carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection (c) if— (1) the spouse has been authorized to accompany the member to the duty location at Government expense; and (2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position. (c) Position described A position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States. (d) Term of appointment (1) In general An appointment made under this section shall be for a term not exceeding two years. (2) Renewal The Secretary of Defense may renew an appointment made under this section for one additional term not exceeding two years. (3) Termination An appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station. (e) Payment of travel and transportation allowances Nothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section. (f) Relationship to other law Nothing in this section may be construed to interfere with— (1) the authority of the President under section 3304 of title 5, United States Code; (2) the authority of the President under section 1784 of title 10, United States Code; (3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United States Code; or (4) any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located. (g) Reports required (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following: (A) The number of individuals appointed under this section. (B) The position series and grade to which each individual described in subparagraph (A) was appointed. (C) Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained. (D) Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member. (E) Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program. (2) Final report Not later than December 31, 2026, the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1). (h) Termination The pilot program under this section shall terminate on December 31, 2026. (i) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Oversight and Reform of the House of Representatives. (2) Secretary concerned The term Secretary concerned — (A) has the meaning given the term in section 101(a)(9) of title 10, United States Code; and (B) includes— (i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and (ii) the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service. (3) Uniformed Services The term uniformed services has the meaning given the term in section 101(a)(5) of title 10, United States Code. (4) United States The term United States has the meaning given that term in section 101(a)(1) of title 10, United States Code. 1109. Civilian Cybersecurity Reserve pilot project at United States Cyber Command (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Armed Services of the Senate; (C) the Committee on Homeland Security of the House of Representatives; and (D) the Committee on Armed Services of the House of Representatives. (2) Commander The term Commander means the Commander of the United States Cyber Command. (3) Competitive service The term competitive service has the meaning given the term in section 2102 of title 5, United States Code. (4) Excepted service The term excepted service has the meaning given the term in section 2103 of title 5, United States Code. (5) Significant incident The term significant incident — (A) means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to— (i) the national security interests, foreign relations, or economy of the United States; or (ii) the public confidence, civil liberties, or public health and safety of the people of the United States; and (B) does not include an incident or a portion of a group of related incidents that occurs on— (i) a national security system, as defined in section 3552 of title 44, United States Code; or (ii) an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code. (6) Temporary position The term temporary position means a position in the competitive or excepted service for a period of 180 days or less. (7) Uniformed services The term uniformed services has the meaning given the term in section 2101 of title 5, United States Code. (b) Pilot project (1) In general The Commander shall carry out a pilot project to establish a Civilian Cybersecurity Reserve at the United States Cyber Command. (2) Purpose The purpose of the Civilian Cybersecurity Reserve is to enable the United States Cyber Command to effectively respond to significant incidents. (3) Alternative methods Consistent with section 4703 of title 5, United States Code, in carrying out the pilot project required under paragraph (1), the Commander may, without further authorization from the Office of Personnel Management, provide for alternative methods of— (A) establishing qualifications requirements for, recruitment of, and appointment to positions; and (B) classifying positions. (4) Appointments Under the pilot project required under paragraph (1), upon occurrence of a significant incident, the Commander— (A) may activate members of the Civilian Cybersecurity Reserve by— (i) noncompetitively appointing members of the Civilian Cybersecurity Reserve to temporary positions in the competitive service; or (ii) appointing members of the Civilian Cybersecurity Reserve to temporary positions in the excepted service; (B) shall notify Congress whenever a member is activated under subparagraph (A); and (C) may appoint not more than 50 members to the Civilian Cybersecurity Reserve under subparagraph (A) at any time. (5) Status as employees An individual appointed under paragraph (4) shall be considered a Federal civil service employee under section 2105 of title 5, United States Code. (6) Additional employees Individuals appointed under paragraph (4) shall be in addition to any employees of the United States Cyber Command who provide cybersecurity services. (7) Employment protections The Secretary of Labor shall prescribe such regulations as necessary to ensure the reemployment, continuation of benefits, and non-discrimination in reemployment of individuals appointed under paragraph (4), provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 of title 38, United States Code. (8) Status in reserve During the period beginning on the date on which an individual is recruited by the United States Cyber Command to serve in the Civilian Cybersecurity Reserve and ending on the date on which the individual is appointed under paragraph (4), and during any period in between any such appointments, the individual shall not be considered a Federal employee. (c) Eligibility; application and selection (1) In general Under the pilot project required under subsection (b)(1), the Commander shall establish criteria for— (A) individuals to be eligible for the Civilian Cybersecurity Reserve; and (B) the application and selection processes for the Civilian Cybersecurity Reserve. (2) Requirements for individuals The criteria established under paragraph (1)(A) with respect to an individual shall include— (A) if the individual has previously served as a member of the Civilian Cybersecurity Reserve, that the previous appointment ended not less than 60 days before the individual may be appointed for a subsequent temporary position in the Civilian Cybersecurity Reserve; and (B) cybersecurity expertise. (3) Prescreening The Commander shall— (A) conduct a prescreening of each individual prior to appointment under subsection (b)(4) for any topic or product that would create a conflict of interest; and (B) require each individual appointed under subsection (b)(4) to notify the Commander if a potential conflict of interest arises during the appointment. (4) Agreement required An individual may become a member of the Civilian Cybersecurity Reserve only if the individual enters into an agreement with the Commander to become such a member, which shall set forth the rights and obligations of the individual and the United States Cyber Command. (5) Exception for continuing military service commitments A member of the Selected Reserve under section 10143 of title 10, United States Code, may not be a member of the Civilian Cybersecurity Reserve. (6) Prohibition Any individual who is an employee of the executive branch may not be recruited or appointed to serve in the Civilian Cybersecurity Reserve. (d) Security clearances (1) In general The Commander shall ensure that all members of the Civilian Cybersecurity Reserve undergo the appropriate personnel vetting and adjudication commensurate with the duties of the position, including a determination of eligibility for access to classified information where a security clearance is necessary, according to applicable policy and authorities. (2) Cost of sponsoring clearances If a member of the Civilian Cybersecurity Reserve requires a security clearance in order to carry out the duties of the member, the United States Cyber Command shall be responsible for the cost of sponsoring the security clearance of the member. (e) Study and implementation plan (1) Study Not later than 60 days after the date of the enactment of this Act, the Commander shall begin a study on the design and implementation of the pilot project required under subsection (b)(1), including— (A) compensation and benefits for members of the Civilian Cybersecurity Reserve; (B) activities that members may undertake as part of their duties; (C) methods for identifying and recruiting members, including alternatives to traditional qualifications requirements; (D) methods for preventing conflicts of interest or other ethical concerns as a result of participation in the pilot project and details of mitigation efforts to address any conflict of interest concerns; (E) resources, including additional funding, needed to carry out the pilot project; (F) possible penalties for individuals who do not respond to activation when called, in accordance with the rights and procedures set forth under title 5, Code of Federal Regulations; and (G) processes and requirements for training and onboarding members. (2) Implementation plan Not later than one year after beginning the study required under paragraph (1), the Commander shall— (A) submit to the appropriate congressional committees an implementation plan for the pilot project required under subsection (b)(1); and (B) provide to the appropriate congressional committees a briefing on the implementation plan. (3) Prohibition The Commander may not take any action to begin implementation of the pilot project required under subsection (b)(1) until the Commander fulfills the requirements under paragraph (2). (f) Project guidance Not later than two years after the date of the enactment of this Act, the Commander shall, in consultation with the Office of Personnel Management and the Office of Government Ethics, issue guidance establishing and implementing the pilot project required under subsection (b)(1). (g) Briefings and report (1) Briefings Not later than one year after the date of the enactment of this Act, and every year thereafter until the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Commander shall provide to the appropriate congressional committees a briefing on activities carried out under the pilot project, including— (A) participation in the Civilian Cybersecurity Reserve, including the number of participants, the diversity of participants, and any barriers to recruitment or retention of members; (B) an evaluation of the ethical requirements of the pilot project; (C) whether the Civilian Cybersecurity Reserve has been effective in providing additional capacity to the United States Cyber Command during significant incidents; and (D) an evaluation of the eligibility requirements for the pilot project. (2) Report Not earlier than 180 days and not later than 90 days before the date on which the pilot project required under subsection (b)(1) terminates under subsection (i), the Commander shall submit to the appropriate congressional committees a report and provide a briefing on recommendations relating to the pilot project, including recommendations for— (A) whether the pilot project should be modified, extended in duration, or established as a permanent program, and if so, an appropriate scope for the program; (B) how to attract participants, ensure a diversity of participants, and address any barriers to recruitment or retention of members of the Civilian Cybersecurity Reserve; (C) the ethical requirements of the pilot project and the effectiveness of mitigation efforts to address any conflict of interest concerns; and (D) an evaluation of the eligibility requirements for the pilot project. (h) Evaluation Not later than three years after the pilot project required under subsection (b)(1) is established, the Comptroller General of the United States shall— (1) conduct a study evaluating the pilot project; and (2) submit to Congress— (A) a report on the results of the study; and (B) a recommendation with respect to whether the pilot project should be modified. (i) Sunset The pilot project required under subsection (b)(1) shall terminate on the date that is four years after the date on which the pilot project is established. (j) No additional funds (1) In general No additional funds are authorized to be appropriated for the purpose of carrying out this section. (2) Existing authorized amounts Funds to carry out this section may, as provided in advance in appropriations Acts, only come from amounts authorized to be appropriated to the United States Cyber Command. XII Matters relating to foreign nations A Assistance and training 1201. Authority to build capacity for additional operations Section 333(a)(3) of title 10, United States Code, is amended by inserting or other counter-illicit trafficking operations before the period. 1202. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general Subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new section: 334. Administrative support and payment of certain expenses for covered foreign defense personnel (a) In general The Secretary of Defense may— (1) provide administrative services and support to the United Nations Command for the performance of duties by covered foreign defense personnel during the period in which the covered foreign defense personnel are assigned to the United Nations Command or the Neutral Nations Supervisory Commission in accordance with the Korean War Armistice Agreement of 1953; and (2) pay the expenses specified in subsection (b) for covered foreign defense personnel who are— (A) from a developing country; and (B) assigned to the headquarters of the United Nations Command. (b) Types of expenses The types of expenses that may be paid under the authority of subsection (a)(2) are the following: (1) Travel and subsistence expenses directly related to the duties of covered foreign defense personnel described in subsection (a)(2) in connection with the assignment of such covered foreign defense personnel. (2) Personal expenses directly related to carrying out such duties. (3) Expenses for medical care at a military medical facility. (4) Expenses for medical care at a civilian medical facility, if— (A) adequate medical care is not available to such covered foreign defense personnel at a local military medical treatment facility; (B) the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and (C) medical care is not otherwise available to such covered foreign defense personnel pursuant to a treaty or any other international agreement. (5) Mission-related travel expenses, if— (A) such travel is in direct support of the national interests of the United States; and (B) the Commander of the United Nations Command directs round-trip travel from the headquarters of the United Nations Command to one or more locations. (c) Reimbursement The Secretary may provide the administrative services and support and pay the expenses authorized by subsection (a) with or without reimbursement. (d) Definitions In this section: (1) The term administrative services and support means base or installation support services, facilities use, base operations support, office space, office supplies, utilities, copying services, computer support, communication services, fire and police protection, postal services, bank services, transportation services, housing and temporary billeting (including ancillary services), specialized clothing required to perform assigned duties, temporary loan of special equipment, storage services, training services, and repair and maintenance services. (2) The term covered foreign defense personnel means members of the military of a foreign country who are assigned to— (A) the United Nations Command; or (B) the Neutral Nations Supervisory Commission. (3) The term developing country has the meaning given the term in section 301(4) of this title. (4) The term Neutral Nations Supervisory Commission means the delegations from Sweden and Switzerland (or successor delegations) appointed in accordance with the Korean War Armistice Agreement of 1953 or its subsequent agreements. (5) The term United Nations Command means the headquarters of the United Nations Command, the United Nations Command Military Armistice Commission, the United Nations Command-Rear, and the United Nations Command Honor Guard. . (b) Conforming amendment The table of sections at the beginning of subchapter IV of chapter 16 of title 10, United States Code, is amended by adding at the end the following new item: 334. Administrative support and payment of certain expenses for covered foreign defense personnel. . 1203. Authority for certain reimbursable interchange of supplies and services Section 2571 of title 10, United States Code, is amended— (1) by amending subsection (b) to read as follows: (b) (1) If its head approves, a department or organization within the Department of Defense may, upon request, perform work and services for, or furnish supplies to, any other of those departments or organizations, with or without reimbursement or transfer of funds. (2) Use of the authority under this section for reimbursable support is limited to support for the purpose of providing assistance to a foreign partner pursuant to section 333 and section 345 of this title. ; and (2) by adding at the end the following new subsection: (e) (1) An order placed by a department or organization on a reimbursable basis pursuant to subsection (b) shall be considered to be an obligation in the same manner as an order placed under section 6307 of title 41. (2) Amounts received as reimbursement shall be credited in accordance with section 2205 of this title to the appropriation of the supporting department or organization used in incurring the obligation in the year or years that support is provided. . 1204. Extension and modification of Department of Defense support for stabilization activities in national security interest of the United States Section 1210A of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626) is amended— (1) in subsection (b), by amending paragraph (1) to read as follows: (1) In general Amounts authorized to be provided pursuant to this section shall be available only for support for stabilization activities— (A) (i) in a country specified in paragraph (2); and (ii) that the Secretary of Defense, with the concurrence of the Secretary of State, has determined are in the national security interest of the United States; or (B) in a country or region that has been selected as a priority country or region under section 505 of the Global Fragility Act of 2019 ( 22 U.S.C. 9804 ). ; (2) in subsection (g)(1), by striking , Defense-wide ; and (3) in subsection (h), by striking December 31, 2021 and inserting December 31, 2023 . 1205. Temporary authority to pay for personnel expenses of foreign national security forces participating in the training program of the United States-Colombia Action Plan for Regional Security (a) Authority For fiscal year 2022, the Secretary of Defense is authorized to pay for the travel, subsistence, and similar personnel expenses of the national security forces of a friendly foreign country to participate in the training program of the United States-Colombia Action Plan for Regional Security conducted at a facility in Colombia. (b) Notification Not later than 15 days before the exercise of the authority under subsection (a), the Secretary shall provide to the congressional defense committees a written notification that includes the following: (1) An identification of the foreign country, and the specific unit of the national security forces of such country, the capacity of which will be built by participating in such training program. (2) The amount of support to be provided under that subsection. (3) An identification of the United States equipment purchased or acquired by such foreign country, for the use of which training is being provided under such training program. (4) A description of the specific capabilities to be built through such training program with such support. (5) A detailed description of the manner in which building the capabilities of such country through such training program advances the national security interests of the United States. (6) A detailed assessment of the effectiveness of such training program in meeting Department of Defense requirements for building the capacity of such country. (c) Source of funds Of the amounts authorized to be appropriated for fiscal year 2022 for the Department of Defense for operation and maintenance, Defense-wide, the Secretary may obligate or expend such amounts as may be necessary to pay for expenses described in subsection (a) for such fiscal year. (d) Limitation The provision of support under subsection (a) shall be subject to section 362 of title 10, United States Code. 1206. Security cooperation strategy for certain combatant commands (a) In general The Secretary of Defense, in coordination with the Secretary of State, shall develop and implement a security cooperation strategy for each covered combatant command, which shall apply to the security cooperation programs and activities of the Department of Defense (as defined in section 301 of title 10, United States Code). (b) Purposes The purposes of the strategies required by subsection (a) are the following: (1) To support and advance United States national security interests in strategic competition with near-peer rivals. (2) To build key capabilities of allied and partner security forces so as to enhance bilateral and multilateral interoperability and responsiveness in the event of a crisis. (3) To build the capabilities of foreign partner security forces to secure their own territory, including through operations against violent extremist groups. (4) To promote and build institutional capabilities for observance of, and respect for— (A) the law of armed conflict; (B) human rights and fundamental freedoms; (C) the rule of law; and (D) civilian control of the military. (5) To support the programs and activities of law enforcement and civilian agencies to counter the threat of and reduce risks from illicit trafficking and transnational criminal organizations. (c) Elements The strategy for each covered combatant command required by subsection (a) shall include the following: (1) A statement of the security cooperation strategic objectives for— (A) the covered combatant command; and (B) the covered combatant command in conjunction with other covered combatant commands. (2) A description of the primary security cooperation lines of effort for achieving such strategic objectives, including prioritization of foreign partners within the covered combatant command. (3) A description of the Department of Defense authorities to be used for each such line of effort and the manner in which such authorities will contribute to achieving such strategic objectives. (4) A description of the institutional capacity-building programs and activities within the covered combatant command and an assessment of the manner in which such programs and activities contribute to achieving such strategic objectives. (5) A description of the manner in which the development, planning, and implementation of programs or activities under Department of Defense security cooperation authorities are coordinated and deconflicted with security assistance and other assistance authorities of the Department of State and other civilian agencies. (d) Consultation In developing the strategy for each covered combatant command required by subsection (a), the Secretary of Defense shall consult with— (1) the Under Secretary of Defense for Policy; (2) the Chairman of the Joint Chiefs of Staff; (3) the Director of the Defense Security Cooperation Agency; and (4) the commander of the relevant covered combatant command. (e) Reports (1) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the security cooperation strategy for each covered combatant command developed under subsection (a). (2) Subsequent reports Beginning in fiscal year 2023, and annually thereafter through fiscal year 2027, concurrently with the submittal of the report required by section 386(a) of title 10, United States Code, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the implementation of the security cooperation strategy for each covered combatant command developed under subsection (a). (f) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Covered combatant command The term covered combatant command means— (A) the United States European Command; (B) the United States Indo-Pacific Command; (C) the United States Central Command; (D) the United States Africa Command; (E) the United States Southern Command; and (F) the United States Northern Command. 1207. Plan for enhancing Western Hemisphere security cooperation (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for enhancing security cooperation and advancing United States strategic interests in the Western Hemisphere. (b) Elements The plan required by subsection (a) shall include the following: (1) Activities to expand bilateral and multilateral security cooperation in Latin America and the Caribbean so as to maintain consistent United States presence in the region. (2) Activities to build the defense and security capacity (other than civilian law enforcement) of partner countries in Latin America and the Caribbean. (3) Activities to counter malign influence of state actors and transnational criminal organizations with connections to illicit trafficking, terrorism, or weapons proliferation. (4) Efforts to disrupt, degrade, and counter transnational illicit trafficking, with an emphasis on illicit narcotics and precursor chemicals that produce illicit narcotics. (5) Activities to provide transparency and support for strong and accountable defense institutions through institutional capacity-building efforts, including efforts to ensure compliance with internationally recognized human rights standards. (6) Steps to expand bilateral and multinational military exercises and training with partner countries in Latin America and the Caribbean. (7) The provision of assistance to— (A) such partner countries for regional defense; and (B) security organizations and institutions and national military or other security forces (other than civilian law enforcement) that carry out national or regional security missions. (8) The provision of training and education to defense and security ministries, agencies, and headquarters-level organizations for organizations and forces described in paragraph (7)(B). (9) Activities to counter misinformation and disinformation campaigns and highlight corrupt, predatory, and illegal practices. (10) The provision of Department of Defense humanitarian assistance and disaster relief to support partner countries by promoting the development and growth of responsive institutions through activities such as— (A) the provision of equipment, training, and logistical support; (B) transportation of humanitarian supplies or foreign security forces or personnel; (C) making available, preparing, and transferring on-hand nonlethal Department of Defense stocks for humanitarian or health purposes to respond to unforeseen emergencies; (D) the provision of Department of Defense humanitarian de-mining assistance; (E) conducting physical security and stockpile-management activities; and (F) conducting medical support operations or medical humanitarian missions, as appropriate, such as hospital-ship deployments and base-operating services, to the extent required by the operation. (11) Continued support for the Women, Peace, and Security efforts of the Department of State to support the capacity of partner countries in the Western Hemisphere— (A) to ensure that women and girls are safe and secure and the rights of women and girls are protected; and (B) to promote the meaningful participation of women in the defense and security sectors. (12) The provision of support to increase the capacity and effectiveness of Department of Defense educational programs and institutions, such as the William J. Perry Center, and international institutions, such as the Inter-American Defense Board and the Inter-American Defense College, that promote United States defense objectives through bilateral and regional relationships. (13) Professional military education initiatives. (14) The allocation of maritime vessels to the United States 4th Fleet. (15) A detailed assessment of the resources required to carry out such plan. (c) Appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 1208. Pilot program to support the implementation of the Women, Peace, and Security Act of 2017 Section 1210E of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by— (1) redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections (f) and (g): (f) Pilot program (1) Establishment The Secretary of Defense, in consultation with the Secretary of State, shall establish and carry out a pilot program for the purpose of conducting partner country assessments described in subsection (b)(2). (2) Contract authority The Secretary of Defense, in consultation with the Secretary of State, shall seek to enter into one or more contracts with a nonprofit organization or a federally funded research and development center independent of the Department for the purpose of conducting such partner country assessments. (3) Selection of countries (A) In general The Secretary of Defense, in consultation with the commanders of the combatant commands and relevant United States ambassadors, shall select one partner country within the area of responsibility of each geographic combatant command for participation in the pilot program. (B) Considerations In making the selection under subparagraph (A), the Secretary of Defense shall consider— (i) the demonstrated political commitment of the partner country to increasing the participation of women in the security sector; and (ii) the national security priorities and theater campaign strategies of the United States. (4) Partner country assessments Partner country assessments conducted under the pilot program shall be— (A) adapted to the local context of the partner country being assessed; (B) conducted in collaboration with the security sector of the partner country being assessed; and (C) based on tested methodologies. (5) Review and assessment With respect to each partner country assessment conducted under the pilot program, the Secretary of Defense, in consultation with the Secretary of State, shall— (A) review the methods of research and analysis used by any entity contracted with under paragraph (2) in conducting the assessment and identify lessons learned from such review; and (B) assess the ability of the Department to conduct future partner country assessments without entering into such a contract, including by assessing potential costs and benefits for the Department that may arise in conducting such future assessments. (6) Findings (A) In general The Secretary of Defense, in consultation with the Secretary of State, shall use findings from each partner country assessment to inform effective security cooperation activities and security sector assistance interventions by the United States in the partner country assessed, which shall be designed to substantially increase opportunities for the recruitment, employment, development, retention, deployment, and promotion of women in the national security forces of such partner country (including for deployments to peace operations and for participation in counterterrorism operations and activities). (B) Model methodology The Secretary of Defense, in consultation with the Secretary of State, shall develop, based on the findings of the pilot program, a model barrier assessment methodology for use across the geographic combatant commands. (7) Reports (A) In general Not later than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress an initial report on the implementation of the pilot program under this subsection that includes an identification of the partner countries selected for participation in the program and the justifications for such selections. (B) Methodology On the date on which the Secretary of Defense determines the pilot program to be complete, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the model barrier assessment methodology developed under paragraph (6)(B). (g) Briefing Not later than 1 year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Director of the Defense Security Cooperation Agency shall provide to the appropriate committees of Congress a briefing on the efforts to build partner defense institution and security force capacity pursuant to this section. . 1209. Limitation on support to military forces of the Kingdom of Morocco for bilateral or multilateral exercises (a) In general None of the funds authorized to be appropriated by this Act for fiscal year 2022 may be used by the Secretary of Defense to support the participation of the military forces of the Kingdom of Morocco in any bilateral or multilateral exercise administered by the Department of Defense unless the Secretary determines, and certifies to the congressional defense committees, that the Kingdom of Morocco has taken steps to support a final peace agreement with Western Sahara. (b) Waiver The Secretary may waive the application of the limitation under subsection (a) if the Secretary submits to the congressional defense committees— (1) a written determination that the waiver is important to the national security interests of the United States; and (2) a detailed explanation of the manner in which the waiver furthers such interests. B Matters relating to Afghanistan and Pakistan 1211. Extension and modification of authority for support for reconciliation activities led by the Government of Afghanistan and prohibition on use of funds for the Taliban and other terrorist groups (a) Extension and modification of authority (1) Location of covered support Subsection (e) of section 1218 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 132 Stat. 1633) is amended to read as follows: (e) Location of covered support (1) Afghanistan The Secretary of Defense may provide covered support within Afghanistan. (2) Other countries The Secretary of Defense may provide covered support in any country in the near abroad of Afghanistan if the Secretary of Defense, in coordination with the Secretary of State, determines, and certifies to the appropriate committees of Congress, that providing covered support in such a country is in the national security interest of the United States. . (2) Notification Subsection (f) of such section is amended, in the matter preceding paragraph (1), by striking Pakistan and inserting any country in the near abroad of Afghanistan . (3) Reports Subsection (j)(1) of such section is amended to read as follows: (1) In general Not later than 90 days after the date on which the Secretary of Defense uses the authority under this section, and every 180 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report on the covered support provided pursuant to such use of authority. . (4) Extension Subsection (k) of such section is amended by striking December 31, 2021 and inserting December 31, 2022 . (5) Near abroad of Afghanistan defined Subsection (l) of such section is amended— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following new paragraph (4): (4) Near abroad of Afghanistan The term near abroad of Afghanistan means South Asia, Central Asia, and the Persian Gulf. . (b) Prohibition on use of funds for the Taliban and other terrorist groups None of the funds authorized to be appropriated by this Act may be made available for the transfer of funds, supplies, or other items of monetary value to the Taliban or members of other terrorist groups. 1212. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations (a) Extension Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 393) is amended by striking beginning on October 1, 2020, and ending on December 31, 2021 and inserting beginning on October 1, 2021, and ending on December 31, 2022 . (b) Modification to limitation Subsection (d)(1) of such section is amended— (1) by striking beginning on October 1, 2020, and ending on December 31, 2021 and inserting beginning on October 1, 2021, and ending on December 31, 2022 ; and (2) by striking $180,000,000 and inserting $160,000,000 . 1213. Afghanistan Security Forces Fund (a) Continuation of prior authorities and notice and reporting requirements Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2022 shall be subject to the conditions contained in— (1) subsections (b) through (f) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 428); and (2) section 1521(d)(1) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2577). (b) Use of funds (1) Advisors to Ministries Paragraph (1) of subsection (b) of such section 1513 is amended by inserting , including costs of Department of Defense personnel who advise such Ministries before the period at the end. (2) Type of assistance Such subsection (b) is further amended— (A) in paragraph (2), by inserting (including program and security assistance management support) after services ; and (B) by adding at the end the following new paragraph: (4) Additional authority (A) In general Assistance under the authority of this section may be used, in consultation with the Secretary of State, as the Secretary of Defense considers necessary, to provide support and services described in subparagraph (B), or to reimburse coalition or partner countries for the provision of such support and services, to certain Afghan citizens and their spouses and dependents who— (i) as a consequence of their association with the United States or a coalition partner of the United States, have a well-founded fear of persecution; or (ii) are aliens described in section 602(b)(2) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note). (B) Support and services described The support and services described in this subparagraph are— (i) transportation outside of Afghanistan for the purpose of awaiting visa processing; (ii) security; and (iii) life support. . (c) Equipment disposition (1) Acceptance of certain equipment Subject to paragraph (2), the Secretary of Defense may accept equipment that is procured using amounts authorized to be appropriated for the Afghanistan Security Forces Fund by this Act and intended for transfer to the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, but not accepted by such security forces. (2) Conditions on acceptance of equipment Before accepting any equipment under the authority provided under paragraph (1), the Commander of United States forces in Afghanistan shall make a determination as to whether such equipment was procured for the purpose of meeting requirements of the security forces of the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan, as agreed to by the Government of Afghanistan and the United States Government, but is no longer required by such security forces or was damaged before transfer to such security forces. (3) Elements of determination In making a determination under paragraph (2) with respect to equipment, the Commander of United States forces in Afghanistan shall consider alternatives to the acceptance of such equipment by the Secretary of Defense. (4) Treatment as Department of Defense stocks Equipment accepted under the authority provided under paragraph (1) may be treated as stocks of the Department of Defense upon notification to the congressional defense committees of such treatment. (5) Quarterly reports on equipment disposition (A) In general Not later than 90 days after the date of the enactment of this Act and every 90 days thereafter during the period in which the authority provided under paragraph (1) is exercised, the Secretary shall submit to the congressional defense committees a report describing the equipment accepted during the period covered by such report under the following: (i) This subsection. (ii) Section 1521(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2575). (iii) Section 1531(b) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1088). (iv) Section 1532(b) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3613). (v) Section 1531(d) of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ; 127 Stat. 938; 10 U.S.C. 2302 note). (B) Elements Each report under subparagraph (A) shall include, with respect to the 90-day period for which the report is submitted— (i) a list of any equipment accepted during such period and treated as stocks of the Department of Defense; and (ii) copies of any determination made under paragraph (2) during such period, as required under paragraph (3). (C) Reimbursable transaction authority for helicopters and small aircraft The Secretary of Defense may use amounts authorized for the Afghanistan Security Forces Fund by this Act or the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) to purchase helicopters and small aircraft from the Secretary of the Army. (D) Security of Afghan women (i) In general Of the funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2022, it is the goal that up to $27,500,000, but not less than $10,000,000, shall be used for programs and activities for— (I) the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces; and (II) the recruitment, training, and contracting of female security personnel for future elections. (ii) Types of programs and activities Such programs and activities may include— (I) recruitment and retention efforts with respect to women in the Afghan National Defense and Security Forces, including the special operations forces; (II) programs and activities of the Directorate of Human Rights and Gender Integration of the Ministry of Defense and the Office of Human Rights, Gender, and Child Rights of the Ministry of Interior Affairs of the Government of Afghanistan; (III) development and dissemination of gender and human rights educational and training materials and programs within the Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan; (IV) efforts to address harassment and violence against women within the Afghan National Defense and Security Forces; (V) improvements to infrastructure that address the requirements of women serving in the Afghan National Defense and Security Forces, including appropriate equipment for female security and police forces, remediation, renovation, and protection of facilities used by women, and transportation for policewomen to their stations; (VI) support for Afghanistan National Police Family Response Units; (VII) security provisions for high-profile female police and military officers; (VIII) programs to promote conflict prevention, management, and resolution through the meaningful participation of Afghan women in the Afghan National Defense and Security Forces by exposing Afghan women and girls to the activities of and careers available in such forces, encouraging their interest in such careers, or developing their interest and the skills necessary for service in such forces; and (IX) enhancements to Afghan National Defense and Security Forces recruitment programs for targeted advertising with the goal of increasing the number of female recruits. (E) Plan for maintaining oversight of funds and activities Not later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the plan to execute oversight of funds and activities authorized by this section without a United States Armed Forces presence in Afghanistan. (F) Report and certification (i) Report (I) Limitation on use of funds Not more than $1,000,000,000 of the funds authorized to be appropriated by this Act for fiscal year 2022 may be expended until the date on which the report required by subclause (II) is submitted. (II) Report The Secretary of Defense, in consultation with the heads of other Federal agencies, as appropriate, shall submit to the appropriate committees of Congress a report that includes the following: (aa) The number of members of the Afghan National Defense and Security Forces the salaries of whom are funded under the authority of this section. (bb) The percentage of such members of the Afghan National Defense and Security Forces who receive pay by direct electronic deposit. (cc) A detailed description of the process of the Department of Defense for providing equipment to the Afghan National Defense and Security Forces, including a list of locations from which oversight of distribution and maintenance is conducted. (dd) A detailed description of the process of the Department of Defense for providing equipment to the Afghan Air Force, including a list of locations from which oversight of distribution and maintenance is conducted. (ii) Certification (I) Limitation on use of funds Not more than $2,500,000,000 of the funds authorized to be appropriated by this Act for fiscal year 2022 may be expended until the date on which the certification described in subclause (II) is made. (II) Certification The certification described in this subclause is a certification by the Secretary of Defense, in consultation with the heads of other Federal agencies, as appropriate, that the Government of Afghanistan has met the following criteria: (aa) The majority of members of the Afghan National Defense and Security Forces receive pay by direct electronic deposit. (bb) The Government of Afghanistan has demonstrated progress in ensuring that the weapons and equipment provided to the Afghan National Defense and Security Forces are— (AA) distributed effectively to the intended units of the Afghan National Defense and Security Forces; and (BB) in compliance with appropriate end-use monitoring standards. (cc) The Government of Afghanistan has demonstrated progress in ensuring that critical supplies, including fuel and ammunition, are delivered successfully to the intended units of the Afghan National Defense and Security Forces and periodically accounted for after delivery. (dd) The Government of Afghanistan has demonstrated progress in growing or transitioning maintenance responsibilities for Afghan aircraft to Afghan personnel. (ee) The Ministry of Defense and the Ministry of Interior Affairs of the Government of Afghanistan have made progress on reducing or mitigating corruption within the Afghan National Defense and Security Forces. (ff) The Afghan National Defense and Security Forces remains a viable partner force in countering threats from violent extremist organizations that use Afghanistan as a base for planning or operations. (III) Waiver The Secretary of Defense may waive subclause (I) if the Secretary of Defense— (aa) determines that withholding assistance under that clause would impede the national security objectives of the United States; and (bb) in consultation with the Secretary of State, certifies such determination to the congressional defense committees not later than 30 days before the effective date of such waiver. (G) Appropriate committees of Congress defined In this paragraph, the term appropriate committees of Congress means— (i) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (ii) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. 1214. Quarterly security briefings on Afghanistan (a) In general Not later than January 15, 2022, and every 90 days thereafter through December 31, 2025, the Under Secretary of Defense for Policy shall provide to the congressional defense committees an unclassified briefing, with a classified component if necessary, on the security situation in Afghanistan and ongoing Department of Defense efforts to counter terrorist groups. (b) Elements Each briefing required by subsection (a) shall include an assessment of each of the following: (1) The security situation in Afghanistan. (2) The strength and effectiveness of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces. (3) The international terrorism ambitions and capabilities of the Taliban, al-Qaeda, the Islamic State of Khorasan, and associated forces, and the extent to which such groups pose a threat to the United States. (4) The strength and capacity of the Afghan National Defense and Security Forces and the effectiveness in countering threats to the stability of the Government of Afghanistan. (5) The mission-capable rates for aircraft of the air force of Afghanistan and the effectiveness of aircraft maintenance conducted by the air force of Afghanistan. (6) The effectiveness of Department of Defense efforts to train and advise the Afghan National Defense and Security Forces. (7) The effectiveness of the Department of Defense in maintaining the accountability for, and overseeing the appropriate use of, the Afghan Security Forces Fund. (8) The status of efforts to recruit, integrate, retain, and train women in the Afghan National Defense and Security Forces. (9) Any other matter the Under Secretary considers appropriate. 1215. Sense of Senate and briefing on counterterrorism posture of the United States after transition of United States Armed Forces from Afghanistan (a) Sense of Senate It is the sense of the Senate that— (1) the United States should ensure that Afghanistan will not be a source of planning, plotting, or projection of terrorist attacks around the globe, including against the United States homeland; (2) the intelligence community’s annual threat assessment for 2021 warned that ISIS and al-Qaeda remain among the greatest … terrorist threats to U.S. interests overseas; they also seek to conduct attacks inside the United States, although sustained U.S. and allied [counterterrorism] pressure has broadly degraded their capability to do so ; (3) the Afghan Study Group advised that a complete U.S. withdrawal without a peace agreement would allow [al-Qaeda and ISIS] to gradually rebuild their capabilities in the Afghanistan-Pakistan region such that they might be able to attack the U.S. homeland within eighteen to thirty-six months ; (4) in the February 2020 agreement signed between the United States and the Taliban, the Taliban promised not to allow other individuals or groups, including al-Qaeda, to use the soil of Afghanistan to threaten the security of the United States and its allies ; (5) in a report to the United Nations Security Council in May 2020, a United Nations monitoring team assessed that al-Qaeda has been operating covertly in Afghanistan while still maintaining close relations with the Taliban ; (6) the transition of United States and coalition forces from Afghanistan by September 11, 2021, should not be perceived as marking the end of efforts by the United States and its allies and partners to counter and degrade the threat from al-Qaeda, ISIS, and other terrorist groups; and (7) the United States should continue to devote sufficient resources, intelligence collection capabilities, and analysis to counter the terrorist threat from al-Qaeda, ISIS, and other terrorist groups that may seek to use Afghanistan as a safe haven. (b) Briefing Not later than January 15, 2022, the Secretary of Defense, in coordination with the Director of National Intelligence, shall brief the appropriate committees of Congress on— (1) the intelligence, surveillance, and reconnaissance capabilities and the access, basing, and overflight requirements necessary— (A) to determine whether the Taliban is abiding by its commitment to break ties with al-Qaeda; (B) to determine whether al-Qaeda and ISIS have rebuilt their capabilities in Afghanistan such that al-Qaeda and ISIS threaten the security of the United States and its allies; and (C) to support counterterrorism operations necessary to degrade the ability of al-Qaeda and ISIS to threaten the United States and its allies in the event that al-Qaeda or ISIS rebuilds their capabilities; and (2) a plan for fulfilling such requirements. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. C Matters relating to Syria, Iraq, and Iran 1221. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals (a) Extension Subsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3451) is amended by striking December 31, 2021 and inserting December 31, 2022 . (b) Notice before provision of assistance Subsection (b)(2) of such section is amended by striking subparagraph (A) and inserting the following: (A) not later than 15 days before the expenditure of the first 25 percent of the total amount authorized to be appropriated in any fiscal year under this section; or . (c) Technical amendment The table of contents for the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 127 Stat. 3293) is amended by striking the item relating to section 1209 and inserting the following: Sec. 1209. Authority to provide assistance to vetted Syrian groups and individuals. . 1222. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq (a) Limitation on amount Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2012 ( 10 U.S.C. 113 note) is amended by striking fiscal year 2021 and inserting fiscal year 2022 . (b) Source of funds Subsection (d) of such section is amended by striking fiscal year 2021 and inserting fiscal year 2022 . (c) Limitation on availability of funds Subsection (h) of such section is amended to read as follows: (h) Limitation on availability of funds Of the amount authorized to be appropriated by this Act for fiscal year 2022 to carry out this section, not more than $10,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense provides to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report that— (1) details further steps to reorganize the Office in a manner similar to that of other security cooperation offices in the region and indicates whether such reorganization will be achieved by 2023; (2) describes progress made toward the continuation of bilateral engagement with the Government of Iraq, with the objective of establishing a joint mechanism for security assistance planning; (3) includes a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform; and (4) describes progress made toward, and a timeline for, the transition of the preponderance of funding for the activities of the Office from current sources to the Foreign Military Financing Administrative Fund and the Foreign Military Sales Trust Fund Administrative Surcharge Account in future years. . 1223. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria (a) In general Subsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3558) is amended by striking December 31, 2021 and inserting December 31, 2022 . (b) Funding Subsection (g) of such section is amended— (1) by striking fiscal year 2021 and inserting fiscal year 2022 ; and (2) by striking $322,500,000 and inserting $345,000,000 . (c) Cost-sharing requirement Subsection (k) of such section is amended— (1) by striking 60 percent and inserting 75 percent ; and (2) by striking 50 percent and inserting 25 percent . (d) Assessment and authority To assist directly certain covered groups Subsection (l)(1)(B) of such section is amended— (1) by striking clause (ii); (2) by redesignating clauses (iii) through (vii) as clauses (ii) through (vi), respectively; (3) in clause (iv), as redesignated, by striking , and once established, the Iraqi Sunni National Guard. ; and (4) by adding at the end the following new clauses (vii) and (viii): (vii) Whether the Shia militias are gaining new malign capabilities or improving such capabilities, and whether the Government of Iraq is acting to counter or suppress those capabilities. (viii) Whether the Government of Iraq is acting to ensure the safety of United States Government personnel and citizens, as well as the safety of United States facilities. . D Matters relating to Europe and the Russian Federation 1231. Extension of limitation on military cooperation between the United States and the Russian Federation Section 1232 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2488) is amended by striking 2020, or 2021 and inserting 2020, 2021, or 2022 . 1232. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea Section 1233(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking 2021 and inserting 2021 or 2022 . 1233. Extension of Ukraine Security Assistance Initiative Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1608) is amended— (1) in subsection (c)— (A) in paragraph (1), by striking fiscal year 2021 and inserting fiscal year 2022 ; (B) in paragraph (3), by striking fiscal year 2021 and inserting fiscal year 2022 ; and (C) in paragraph (5), by striking fiscal year 2021 and inserting fiscal year 2022 ; (2) in subsection (f), by adding at the end the following new paragraph: (7) For fiscal year 2022, $300,000,000. ; and (3) in subsection (h), by striking December 31, 2023 and inserting December 31, 2024 . 1234. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises Subsection (h) of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended— (1) in the first sentence, by striking December 31, 2023 and inserting December 31, 2024 ; and (2) in the second sentence, by striking the period beginning on October 1, 2015, and ending on December 31, 2023 and inserting the period beginning on October 1, 2015, and ending on December 31, 2024. . 1235. Sense of Senate on the North Atlantic Treaty Organization It is the sense of the Senate that— (1) the success of the North Atlantic Treaty Organization (NATO) is critical to achieving United States national security objectives in Europe and around the world; (2) NATO remains the strongest and most successful military alliance in the world, founded on a commitment by its members to uphold the principles of democracy, individual liberty, and the rule of law; (3) NATO’s contributions to collective defense are indispensable to the security, prosperity, and freedom of its members; (4) the United States reaffirms its ironclad commitment to NATO as the foundation of transatlantic security and to upholding its obligations under the North Atlantic Treaty, including Article 5; (5) NATO is meant to be an alliance of countries with shared democratic values and the United States reaffirms its commitment to Article 2 of the North Atlantic Treaty, which states the following: The Parties will contribute toward the further development of peaceful and friendly international relations by strengthening their free institutions, by bringing about a better understanding of the principles upon which these institutions are founded, and by promoting conditions of stability and well-being. They will seek to eliminate conflict in their international economic policies and will encourage economic collaboration between any or all of them. ; (6) the commitment of NATO allies during 18 years of security, humanitarian, and stabilization operations in Afghanistan has been invaluable, and the sacrifices of NATO allies deserve the highest order of respect and gratitude; (7) the United States remains focused on long-term strategic competition with Russia, and a strong NATO alliance plays an essential role in addressing such competition and mitigating shared security concerns; (8) the United States should— (A) deepen defense cooperation with non-NATO European partners, bilaterally and as part of the NATO alliance; and (B) encourage security sector cooperation between NATO and non-NATO defense partners that complements and strengthens collective defense, interoperability, and allies’ commitment to Article 3 of the North Atlantic Treaty; (9) bolstering NATO cooperation and enhancing security relationships with non-NATO European partners to counter Russian aggression, including Russia’s use of hybrid warfare tactics and its willingness to use military power to alter the status quo, strengthens the United States security interests for long-term strategic competition; (10) the European Deterrence Initiative, through investments to increase United States military presence, bolster exercises and training, enhance pre-positioning of equipment, improve infrastructure, and build partner capacity, and investments toward such efforts by NATO allies and other allies and partners, remain critical to ensuring collective defense in the future; (11) the United States should— (A) continue to support efforts by NATO allies to replace Soviet-era military systems and equipment with systems that are interoperable among NATO members; and (B) work with NATO allies and other allies and partners to build permanent mechanisms to strengthen supply chains, enhance supply chain security, and fill supply chain gaps, including in critical sectors such as defense, energy, and health; and (12) the United States and NATO allies should— (A) continue— (i) to carry out key initiatives to enhance readiness, military mobility, and national resilience in support of NATO’s ongoing COVID–19 pandemic response efforts; (ii) to collaborate on ways to enhance collective security, with a focus on emerging and revolutionary technologies such as quantum computing, artificial intelligence, fifth generation telecommunications networks, and machine learning; and (iii) to build on recent progress in achieving defense spending goals agreed to at the 2014 Wales Summit and reaffirmed at the 2016 Warsaw Summit and the 2021 Brussels Summit, and to build consensus to invest in the full range of defense capabilities necessary to deter and defend against potential adversaries; and (B) expand cooperation efforts on cybersecurity issues to prevent adversaries and criminals from compromising critical systems and infrastructure. 1236. Sense of Senate on continuing support for Estonia, Latvia, and Lithuania It is the sense of the Senate that— (1) the United States should continue to prioritize support for efforts by the Baltic states of Estonia, Latvia, and Lithuania to build and invest in critical security areas, as such efforts are important to achieving United States national security objectives; (2) Estonia, Latvia, and Lithuania play a crucial role in strategic efforts— (A) to deter the Russian Federation; and (B) to maintain the collective security of the North Atlantic Treaty Organization alliance; (3) the United States should continue to pursue efforts consistent with the comprehensive, multilateral assessment of the military requirements of Estonia, Latvia, and Lithuania provided to Congress in December 2020; (4) the Baltic security cooperation roadmap has proven to be a successful model to enhance intraregional Baltic planning and cooperation, particularly with respect to longer-term regional capability projects, including— (A) integrated air defense; (B) maritime domain awareness; (C) command, control, communications, computers, intelligence, surveillance, and reconnaissance; and (D) Special Operations Forces development; (5) Estonia, Latvia, and Lithuania are to be commended for their efforts to pursue joint procurement of select defense capabilities and should explore additional areas for joint collaboration; and (6) the Department of Defense should— (A) continue efforts to enhance interoperability among Estonia, Latvia, and Lithuania and in support of North Atlantic Treaty Organization efforts; (B) encourage infrastructure and other host-country support improvements that will enhance United States and allied military mobility across the region; (C) invest in efforts to improve resilience to hybrid threats and cyber defenses in Estonia, Latvia, and Lithuania; and (D) support planning and budgeting efforts of Estonia, Latvia, and Lithuania that are regionally synchronized. E Matters relating to the Indo-Pacific region 1241. Extension and modification of Indo-Pacific Maritime Security Initiative (a) Assistance and training Subsection (a)(1) of section 1263 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 note) is amended, in the matter preceding subparagraph (A), by striking for the purpose of and all that follows through Indian Ocean and inserting with the primary goal of increasing multilateral maritime security cooperation and maritime domain awareness of foreign countries in the area of responsibility of the United States Indo-Pacific Command . (b) Recipient countries Subsection (b) of such section is amended to read as follows: (b) Recipient countries The foreign countries that may be provided assistance and training under subsection (a) are the countries located within the area of responsibility of the United States Indo-Pacific Command. . (c) Types of assistance and training Subsection (c)(1) of such section is amended by striking small-scale military construction and inserting small-scale construction (as defined in section 301 of title 10, United States Code) . (d) Priorities for assistance and training Subsection (d) of such section is amended to read as follows: (d) Priorities for assistance and training In developing programs for assistance or training to be provided under subsection (a), the Secretary of Defense shall prioritize assistance, training, or both, to enhance— (1) multilateral cooperation and coordination among recipient countries; or (2) the capabilities of a recipient country to more effectively participate in a regional organization of which the recipient country is a member. . (e) Incremental expenses of personnel of certain other countries for training Subsection (e) of such section is amended to read as follows: (e) Incremental expenses of personnel of recipient countries for training If the Secretary of Defense determines that the payment of incremental expenses (as defined in section 301 of title 10, United States Code) in connection with training described in subsection (a)(1)(B) will facilitate the participation in such training of organization personnel of recipient countries described in subsection (b), the Secretary may use amounts available under subsection (f) for assistance and training under subsection (a) for the payment of such incremental expenses. . (f) Availability of funds Subsection (f) of such section is amended to read as follows: (f) Availability of funds Of the amounts authorized to be appropriated for each of fiscal years 2022 through 2027 for the Department of Defense, Operation and Maintenance, Defense-wide, $50,000,000 may be made available for the provision of assistance and training under subsection (a). . (g) Limitations Such section is further amended— (1) by striking subsection (i); (2) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (3) by inserting after subsection (f) the following new subsection (g): (g) Limitations (1) Assistance otherwise prohibited by law The Secretary of Defense may not use the authority in subsection (a) to provide any type of assistance described in subsection (c) that is otherwise prohibited by any provision of law. (2) Prohibition on assistance to units that have committed gross violations of human rights The provision of assistance pursuant to a program under subsection (a) shall be subject to the provisions of section 362 of title 10, United States Code. (3) Security cooperation Assistance, training, and exercises with recipient countries described in subsection (b) shall be planned and prioritized consistent with applicable guidance relating to the security cooperation program and activities of the Department of Defense. (4) Assessment, monitoring, and evaluation The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code. . (h) Notice to Congress on assistance and training Subsection (h)(1) of such section, as so redesignated, is amended— (1) by amending subparagraph (B) to read as follows: (B) A detailed justification of the program for the provision of the assistance or training concerned, its relationship to United States security interests, and an explanation of the manner in which such assistance or training will increase multilateral maritime security cooperation or maritime domain awareness. ; and (2) in subparagraph (G) by striking the geographic combatant command concerned and inserting the United States Indo-Pacific Command . (i) Annual monitoring report Subsection (i) of such section, as so redesignated, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking March 1, 2020 and inserting March 1, 2022 ; (B) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively; (C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A): (A) The overall strategy for improving multilateral maritime security cooperation and maritime domain awareness across the theater, including an identification of the following: (i) Priority countries and associated capabilities across the theater. (ii) Strategic objectives for the Indo-Pacific Maritime Security Initiative across the theater, lines of effort, and desired end results for such lines of effort. (iii) Significant challenges to improving multilateral maritime security cooperation and maritime domain awareness across the theater and the manner in which the United States Indo-Pacific Command is seeking to address such challenges. ; and (D) in subparagraph (B), as so redesignated— (i) in clause (ii), by striking the semicolon and inserting ; and ; and (ii) by adding at the end the following new clause: (iii) how such capabilities can be leveraged to improve multilateral maritime security cooperation and maritime domain awareness. ; and (2) in paragraph (2), by striking subsection (g)(2) and inserting subsection (h)(2) . (j) Expiration Subsection (j) of such section is amended by striking December 31, 2025 and inserting December 31, 2027 . 1242. Extension and modification of Pacific Deterrence Initiative (a) Extension Subsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking fiscal year 2021 and inserting fiscal year 2022 ; (2) by striking $2,234,958,000 is and inserting such sums as may be necessary are ; and (3) by striking , as specified in the funding tables in division D of this Act . (b) Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies Such section is further amended— (1) by redesignating subsections (d) through (g) as subsections (e) through (h), respectively; (2) by inserting after subsection (c) the following new subsection (d): (d) Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies (1) Report required (A) In general At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2023, and annually thereafter through fiscal year 2025, the Commander of the United States Indo-Pacific Command shall submit to the congressional defense committees a report containing the independent assessment of the Commander with respect to the activities and resources required, for the first fiscal year beginning after the date of submission of the report and the four following fiscal years, to achieve the following objectives: (i) The implementation of the National Defense Strategy with respect to the Indo-Pacific region. (ii) The maintenance or restoration of the comparative military advantage of the United States with respect to the People's Republic of China. (iii) The reduction of the risk of executing contingency plans of the Department of Defense. (B) Matters to be included The report required under subparagraph (A) shall include the following: (i) With respect to the achievement of the objectives described in subparagraph (A), a description of the intended force structure and posture of assigned and allocated forces in each of the following: (I) West of the International Date Line. (II) In States outside the contiguous United States east of the International Date Line. (III) In the contiguous United States. (ii) An assessment of capabilities requirements to achieve such objectives. (iii) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (iv) An identification of required infrastructure and military construction investments to achieve such objectives. (v) An assessment of security cooperation activities or resources required to achieve such objectives. (vi) (I) A plan to fully resource United States force posture and capabilities, including— (aa) a detailed assessment of the resources necessary to address the elements described in clauses (i) through (v), including specific cost estimates for recommended investments or projects— (AA) to modernize and strengthen the presence of the United States Armed Forces, including those with advanced capabilities; (BB) to improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel; (CC) to carry out a program of exercises, training, experimentation, and innovation for the joint force; (DD) to improve infrastructure to enhance the responsiveness and resiliency of the United States Armed Forces; (EE) to build the defense and security capabilities, capacity, and cooperation of allies and partners; and (FF) to improve capabilities available to the United States Indo-Pacific Command; (bb) a detailed timeline to achieve the intended force structure and posture described in clause (i). (II) The specific cost estimates required by subclause (I)(aa) shall, to the maximum extent practicable, include the following: (aa) With respect to procurement accounts— (AA) amounts displayed by account, budget activity, line number, line item, and line item title; and (BB) a description of the requirements for each such amount. (bb) With respect to research, development, test, and evaluation accounts— (AA) amounts displayed by account, budget activity, line number, program element, and program element title; and (BB) a description of the requirements for each such amount. (cc) With respect to operation and maintenance accounts— (AA) amounts displayed by account title, budget activity title, line number, and subactivity group title; and (BB) a description of the specific manner in which each such amount would be used. (dd) With respect to military personnel accounts— (AA) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and (BB) a description of the requirements for each such amount. (ee) With respect to each project under military construction accounts (including unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount for each fiscal year. (ff) With respect to any expenditure or proposed appropriation not described in items (aa) through (ee), a level of detail equivalent to or greater than the level of detail provided in the future-years defense program submitted pursuant to section 221(a) of title 10, United States Code. (C) Form The report required under subparagraph (A) may be submitted in classified form, but shall include an unclassified summary. (D) Availability Not later than February 1 each year, the Commander of the United States Indo-Pacific Command shall make the report available to the Secretary of Defense, the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), the Director of Cost Assessment and Program Evaluation, the Chairman of the Joint Chiefs of Staff, the Secretaries of the military departments, and the chiefs of staff of each military service. (2) Briefings required (A) Initial briefing Not later than 15 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2023, the Secretary of Defense (acting through the Under Secretary of Defense for Policy, the Under Secretary of Defense (Comptroller), and the Director of Cost Assessment and Program Evaluation) and the Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees a joint briefing, and any written comments the Secretary of Defense and the Chairman of the Joint Chiefs of Staff consider necessary, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. (B) Subsequent briefing Not later than 30 days after the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each of fiscal years 2024 and 2025, the Secretary of the Air Force, the Secretary of the Army, and the Secretary of the Navy shall provide to the congressional defense committees a joint briefing, and documents as appropriate, with respect to their assessments of the report submitted under paragraph (1), including their assessments of the feasibility and advisability of the plan required by subparagraph (B)(vi) of that paragraph. ; (3) by amending subsection (e), as redesignated, to read as follows: (e) Plan required At the same time as the submission of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2023, and annually thereafter through fiscal year 2025, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a report on future year activities and resources for the Initiative that includes the following: (1) A description of the activities and resources for the first fiscal year beginning after the date of submission of the report and the plan for not fewer than the four following fiscal years, organized— (A) functionally, by the activities described in paragraphs (1) through (5) of subsection (b); and (B) geographically by— (i) areas west of the International Date Line; (ii) States outside the contiguous United States east of the International Date Line; and (iii) States in the contiguous United States. (2) A summary of progress made toward achieving the purposes of the Initiative. (3) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the joint force's ability to achieve objectives in the region. (4) A detailed timeline to achieve the requirements identified under paragraph (3). (5) A detailed explanation of any significant modifications to such requirements, as compared to plans previously submitted under this subsection. (6) Any other matter, as determined by the Secretary. ; and (4) in subsection (g), as redesignated, by striking subsection (e) and inserting subsection (f) . 1243. Extension of authority to transfer funds for Bien Hoa dioxin cleanup Section 1253(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking fiscal year 2021 and inserting fiscal year 2022 . 1244. Cooperative program with Vietnam to account for Vietnamese personnel missing in action (a) In general The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, may carry out a cooperative program with the Ministry of Defense of Vietnam and other entities of the Government of Vietnam to assist in accounting for Vietnamese personnel missing in action. (b) Purpose The purpose of the cooperative program under subsection (a) is to carry out the following activities: (1) Collection, digitization, and sharing of archival information. (2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations. (3) Improving DNA analysis capacity. (4) Increasing veteran-to-veteran exchanges. (5) Other support activities the Secretary of Defense considers necessary and appropriate. (c) Termination The authority provided by subsection (a) shall terminate on October 1, 2026. 1245. Assessment of and plan for improving the defensive asymmetric capabilities of Taiwan (a) Assessment The Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall conduct an assessment of— (1) the current defensive asymmetric capabilities of Taiwan and the ability of Taiwan to defend itself from external conventional military threats; (2) the applicability of Department of Defense authorities for improving the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ); (3) the feasibility and advisability of assisting Taiwan in the domestic production of defensive asymmetric capabilities, including through the transfer of intellectual property, co-development, or co-production arrangements; (4) the plans, tactics, techniques, and procedures underpinning the defensive asymmetric capabilities of Taiwan; (5) the interoperability of current and future defensive asymmetric capabilities of Taiwan with the military capabilities of the United States and its allies and partners; and (6) any other matter the Secretary of Defense considers appropriate. (b) Plan The Secretary of Defense shall develop a plan for assisting Taiwan in improving its defensive asymmetric capabilities that includes— (1) recommendations for new Department of Defense authorities, or modifications to existing Department authorities, necessary to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ); (2) an identification of opportunities for key leader and subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and (3) an identification of challenges and opportunities for leveraging non-Department authorities, resources, and capabilities to improve the defensive asymmetric capabilities of Taiwan in accordance with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ). (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress— (1) a report on the results of the assessment required by subsection (a); and (2) the plan required by subsection (b). (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Defensive asymmetric capabilities The term defensive asymmetric capabilities means the capabilities necessary to defend Taiwan against conventional external threats, including coastal defense missiles, naval mines, anti-aircraft capabilities, cyber defenses, and special operations forces. 1246. Annual feasibility briefing on cooperation between the National Guard and Taiwan (a) Sense of Congress It is the sense of Congress that the United States should— (1) continue to support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability by increasing exchanges between senior defense officials and general officers of the United States and Taiwan at the strategic, policy, and functional levels, consistent with the Taiwan Travel Act ( Public Law 115–135 ; 132 Stat. 341), especially for the purposes of— (A) improving the interoperability of the military forces of the United States and Taiwan; (B) improving the reserve forces of Taiwan; and (C) expanding cooperation in humanitarian assistance and disaster relief; (2) expand and strengthen Taiwan’s capability to conduct security activities, including traditional activities of the combatant commands, cooperation with the National Guard, and through multilateral activities; and (3) using appropriate authorities and consistent with the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), seek to develop a partnership between the National Guard and Taiwan as a means of maintaining a sufficient self-defense capability. (b) Briefing (1) In general Not later than February 15, 2022, and annually thereafter, the Secretary of Defense shall provide to the congressional defense committees a briefing on the feasibility and advisability of enhanced cooperation between the National Guard and Taiwan. (2) Elements Each briefing required by paragraph (1) shall include the following: (A) A description of the cooperation between the National Guard and Taiwan during the preceding calendar year, including mutual visits, exercises, training, and equipment opportunities. (B) An evaluation of the feasibility of enhancing cooperation between the National Guard and Taiwan on a range of activities, including— (i) disaster and emergency response; (ii) cyber defense and communications security; (iii) military medical cooperation; (iv) Mandarin-language education and cultural exchange; and (v) programs for National Guard advisors to assist in training the reserve components of the military forces of Taiwan. (C) Recommendations to enhance such cooperation and improve interoperability, including through familiarization visits, cooperative training and exercises, and co-deployments. (D) Any other matter the Secretary of Defense considers appropriate. 1247. Defense of Taiwan (a) Definitions In this section: (1) Deny The term deny means to use combined joint operations to delay, degrade, and ultimately defeat an attempt by the People’s Republic of China to execute a fait accompli against Taiwan, resulting in— (A) the termination of hostilities or at least the attempted fait accompli; or (B) the neutralization of the ability of the People’s Republic of China to execute a fait accompli against Taiwan. (2) Fait accompli The term fait accompli refers to the strategy of the People’s Republic of China for invading and seizing control of Taiwan before the United States Armed Forces can respond effectively, while simultaneously deterring an effective combined joint response by the United States Armed Forces by convincing the United States that mounting such a response would be prohibitively difficult or costly. (b) Statement of policy It shall be the policy of the United States to maintain the ability of the United States Armed Forces to deny a fait accompli against Taiwan in order to deter the People’s Republic of China from using military force to unilaterally change the status quo with Taiwan. 1248. Comparative analyses and reports on efforts by the United States and the People's Republic of China to advance critical modernization technology with respect to military applications (a) Comparative analyses (1) Development of procedures (A) In general Not later than 270 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in coordination with the Director of the Office of Net Assessment, shall develop procedures by which comparative analyses, including the assessments under paragraph (2), shall be conducted. (B) Elements The procedures developed under subparagraph (A)— (i) shall include processes— (I) by which senior officials of the Department of Defense may request that such comparative analyses be conducted with respect to a specific technology, sector, or system of interest; (II) by which teams of technical, industrial, policy, intelligence, and operational experts consisting of personnel of the Department and private sector organizations may be established for the purpose of conducting such comparative analyses; (III) to ensure adequate funding to support the conduct of such comparative analyses; and (IV) by which classified and unclassified information, including necessary data, records, and technical information, may be shared with Department personnel for the purpose of carrying out such comparative analyses; and (ii) may include the development of quantitative and qualitative metrics for use in, and new intelligence collection requirements to support, such comparative analyses. (2) Comparative analysis assessments (A) In general The Under Secretary, in coordination with the Director of the Office of Net Assessment, shall conduct a comparative analysis assessment of the efforts of the United States Government and the Government of the People’s Republic of China to develop and deploy critical modernization technology with respect to military applications in each of the following areas of critical modernization technology: (i) Directed energy systems. (ii) Hypersonics. (iii) Emerging biotechnologies. (iv) Quantum science. (v) Cyberspace capabilities. (B) Elements Each comparative analysis assessment under subparagraph (A) shall include an evaluation of each of the following: (i) With respect to the applicable area of critical modernization technology described in subparagraph (A), research and development activities carried out in the United States and the People's Republic of China by governmental entities and nongovernmental entities. (ii) The ability of research programs carried out by the United States Government and the Government of the People's Republic of China to achieve the goals of— (I) transitioning emerging technologies into acquisition efforts and operational use; and (II) incorporating emerging technologies into military applications. (iii) Operational effectiveness and suitability of current or planned defense systems of the United States and the People's Republic of China, including relevant operational concepts relating to the application and operationalization of critical modernization technologies. (iv) The ability of defense systems of the United States and the People's Republic of China to counter relevant threat capabilities. (b) Reports (1) Initial report Not later than March 15, 2022, the Under Secretary shall submit a report and provide a briefing to the congressional defense committees on efforts to develop the procedures required by subsection (a)(1). (2) Subsequent reports (A) Directed energy systems and hypersonics Not later than December 31, 2023, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (i) and (ii) of subsection (a)(2)(A). (B) Emerging biotechnologies, quantum science, and cyberspace capabilities Not later than December 31, 2024, the Under Secretary shall submit to the congressional defense committees a report on the results of the comparative analysis assessments conducted under clauses (iii), (iv), and (v) of subsection (a)(2)(A). (C) Elements The reports required by subparagraphs (A) and (B) shall include the following for each such comparative analysis assessment: (i) The results of the evaluation of each element described in subsection (a)(2)(B). (ii) A list of countries, other than the United States and the People’s Republic of China, with significant research and development programs and activities designed to advance the applicable area of critical modernization technology described in subsection (a)(2)(A), and a discussion of such programs and activities for each such country. (iii) With respect to each such area of critical modernization technology, an identification of any area in which the degree of uncertainty due to an insufficient knowledge base is such that an analysis of whether the United States or the People’s Republic of China has an advantage would be inconclusive. (iv) A description of the limitations, constraints, and challenges encountered in carrying out the comparative analysis assessment. (v) A description of any other research and development efforts or elements the Under Secretary considers appropriate for purposes of the comparative analysis assessment. (vi) Recommendations with respect to additional activities by the Department necessary to address the findings of the comparative analysis assessment. (D) Form The reports required by subparagraphs (A) and (B) shall be submitted in unclassified form but may contain a classified annex. (c) Agreement with a federally funded research and development corporation authorized (1) In general The Under Secretary may enter into an agreement with a federally funded research and development corporation under which such corporation may— (A) carry out any part of a comparative analysis assessment required by subsection (a); or (B) prepare the reports required by subsection (b)(2). (2) Notification If the Under Secretary enters into an agreement under paragraph (1), the Under Secretary shall submit to the congressional defense committees a report that— (A) identifies the federally funded research and development corporation concerned; and (B) describes the scope of work under the agreement. (d) Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $5,000,000 shall be made available to the Under Secretary— (1) to carry out any part of a comparative analysis assessment required by subsection (a); or (2) to prepare the reports required by subsection (b)(2). 1249. Modification of annual report on military and security developments involving the People's Republic of China Section 1202 of the National Defense Authorization Act for Fiscal Year 2000 ( 10 U.S.C. 113 note) is amended to read as follows: 1202. Annual report on military and security developments involving the People's Republic of China (a) Annual report Not later than January 31 of each year through January 31, 2027, the Secretary of Defense, in consultation with the heads of other Federal departments and agencies as appropriate, shall submit to the specified congressional committees a report on military and security developments involving the People’s Republic of China. (b) Matters To be included Each report under this section shall include analyses and forecasts, through the next 20 years, of the following: (1) The goals, factors, and trends shaping Chinese security strategy and military strategy. (2) The role of the People’s Liberation Army in the strategy, governance systems, and foreign and economic policies of the People's Republic of China, including the following: (A) Developments in the defense policy and military strategy of the People's Republic of China, and the role and mission of the People’s Liberation Army with respect to such developments. (B) The role of the People’s Liberation Army in the Chinese Communist Party, including with respect to the structure and leadership of the Central Military Commission. (C) The internal security role and affiliation of the People’s Liberation Army with the People’s Armed Police and other law enforcement, intelligence, and paramilitary entities of the People's Republic of China. (3) The role of the People’s Liberation Army in, and its support of, the overall foreign policy of the People’s Republic of China, as expressed through military diplomacy and other external actions, activities, and operations, including the following: (A) A description of Chinese military-to-military relationships with other countries, including— (i) Chinese military attaché presence, activities, exercises, and agreements with the militaries of other countries; and (ii) military education programs conducted— (I) in the People's Republic of China for militaries of other countries; or (II) in other countries for personnel of the People’s Liberation Army. (B) A description of any significant sale or transfer of military hardware, expertise, and technology to or from the People’s Republic of China, including— (i) a forecast of possible future sales and transfers; (ii) a description of the implications of such sales and transfers for the security of the United States and its partners and allies; and (iii) a description of any significant assistance to and from any selling state with military-related research and development programs in the People's Republic of China. (C) An assessment of relations between the People's Republic of China and the Russian Federation with respect to security and military matters, including mutual and competing interests and developments in such military-to-military relationship. (4) Developments in the military doctrine, operational concepts, joint command and organizational structures, and significant military operations and deployments of the People’s Liberation Army. (5) Developments and future course of the services, theater-level commands, and paramilitary organizations of the People’s Liberation Army, including the following: (A) A description of the specific roles and missions, organization, capabilities, force structure, readiness, and modernization efforts of such services, theater-level commands, and paramilitary organizations. (B) A summary of the order of battle of the People’s Liberation Army, including ballistic and cruise missile inventories. (C) An assessment of developments relating to the China Coast Guard, including the manner in which the command structure of the China Coast Guard affects its status as a law enforcement entity, its interactions with the Armed Forces of the United States, and the implications for its use as a coercive tool in maritime disputes. (6) Developments and future course of the theater-level commands of the People’s Liberation Army, including the roles and missions, structure, and size, location, and capabilities of the strategic, land, sea, air, and other forces of such theater-level commands. (7) Developments in the People’s Liberation Army as a global actor, such as overseas military basing, military logistics capabilities and infrastructure to project power, and the overseas command and control structure of the People’s Liberation Army, including an assessment of Chinese overseas investments or projects likely, or with significant potential, to be converted into military or intelligence assets of the People's Republic of China. (8) The strategy, policy, development, and modernization of key military capabilities of the People's Republic of China across the People’s Liberation Army, including an assessment of the following: (A) The cyberwarfare and electronic warfare capabilities of the People's Republic of China (including details on the number of malicious cyber incidents originating from the People's Republic of China against Department of Defense infrastructure) and associated activities originating or suspected to have originated from the People's Republic of China. (B) The space and counter-space programs and capabilities of the People's Republic of China. (C) The nuclear program and capabilities of the People's Republic of China, including— (i) its nuclear strategy and associated doctrines; (ii) the size and state of its stockpile and projections of its future arsenals; (iii) its civil and military production capacities; and (iv) the modernization and force structure of its strategic forces. (D) The anti-access and area denial capabilities of the People's Republic of China. (E) The command, control, communications, computers, intelligence, surveillance, and reconnaissance modernization program and capabilities of the People's Republic of China and the applications for such program and capabilities for the People's Republic of China's precision-guided weapons. (9) Trends and developments in the budget, resources, strategies, and policies of the People's Liberation Army with respect to science and technology, defense industry reform, and the use of espionage and technology transfers by the People's Republic of China, including the following: (A) An assessment of the relationship between Chinese overseas investment (including the Belt and Road Initiative, the Digital Silk Road, and any state-owned or state-controlled digital or physical infrastructure projects of the People's Republic of China) and Chinese security and military strategy objectives, including— (i) a description of any Chinese investment or project, located in any other country, that is linked to military or intelligence cooperation with such country, such as cooperation on satellite navigation or arms production; and (ii) an assessment of the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries. (B) Efforts (including by espionage and technology transfers through investment, industrial espionage, cyber theft, academia, forced technological transfers, and other means) by the People’s Republic of China to develop, acquire, or gain access to information, communication, space, and other advanced technologies that would enhance defense capabilities or otherwise undermine the capability of the Department of Defense to conduct information assurance, including an assessment of the damage inflicted on the Department of Defense by such efforts. (10) The strategy of the People's Republic of China regarding Taiwan and the security situation in the Taiwan Strait, including the following: (A) A detailed analysis of the posture of the forces of the People's Liberation Army facing Taiwan. (B) An assessment of any challenges during the preceding year to the deterrent forces of the Republic of China on Taiwan, consistent with the commitments made by the United States in the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ) (11) The maritime strategy and military and nonmilitary activities in the South China Sea and East China Sea of the People's Republic of China, including a description of the following: (A) The role and activities of the People’s Liberation Army and maritime law enforcement and paramilitary entities of the People's Republic of China. (B) Any such activities in the South China Sea or East China Sea affecting United States military activities or the military activities of a United States ally or partner. (12) The current state of United States military-to-military contacts with the People’s Liberation Army, including the following: (A) A comprehensive and coordinated strategy for such military-to-military contacts and any necessary update to the strategy. (B) A summary of all such military-to-military contacts during the preceding fiscal year including a summary of topics discussed. (C) A description of such military-to-military contacts scheduled for the 1-year period following the period covered by the report and the plan for future contacts. (D) The Secretary’s assessment of the benefits the Chinese expect to gain from such military-to-military contacts. (E) The Secretary’s assessment of the benefits the Department of Defense expects to gain from such military-to-military contacts, and any concerns regarding such contacts. (F) The Secretary’s assessment of how such military-to-military contacts fit into the larger security relationship between the United States and the People’s Republic of China. (G) The Secretary’s certification whether or not any military-to-military exchange or contact was conducted during the period covered by the report in violation of section 1201(a). (13) Any other significant military or security development involving the People’s Republic of China the Secretary considers relevant to United States national security. (c) Form Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Specified congressional committees defined In this section, the term specified congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. . 1250. Feasibility report on establishing more robust military-to-military crisis communications with the People's Republic of China (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report on the feasibility and advisability of establishing more robust military-to-military communications with the People's Republic of China. (b) Elements The report required by subsection (a) shall include the following: (1) An articulation of— (A) the importance of robust military-to-military communications with the People's Republic of China; and (B) the utility of such communications to enable clear transmission of messages, avoid misunderstandings, reduce the possibility of miscalculation, and manage possible escalation in crisis situations. (2) A description of the current process and capabilities relating to crisis communications with the People's Republic of China, including the means, levels of seniority, and timelines for such communications. (3) An identification of opportunities for improving military-to-military crisis communications with the People's Republic of China, including the preferred means, levels of seniority, and timelines for such communications. (4) A roadmap, including milestones, for establishing processes and capabilities associated with the opportunities identified under paragraph (3). (5) An identification of challenges to establishing more robust military-to-military crisis communications with the People's Republic of China. (6) Any other matter the Secretary of Defense considers appropriate. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. 1251. Semiannual briefings on efforts to deter Chinese aggression and military coercion (a) In general Not later than January 15, 2022, and every 180 days thereafter through 2024, the Secretary of Defense shall provide to the congressional defense committees a briefing on Department of Defense efforts to deter Chinese aggression and military coercion. (b) Elements Each briefing required by subsection (a) shall include a description of— (1) Department efforts to strengthen deterrence of Chinese aggression and military coercion, including below the level of armed conflict and outside the Indo-Pacific region; (2) the manner in which resources provided through the Pacific Deterrence Initiative are being applied in support of such efforts; (3) the extent to which such efforts are coordinated with, and complement, efforts of other Federal departments and agencies to deter Chinese aggression and military coercion; (4) the manner in which the Department seeks to leverage military-to-military relationships, combined training and exercises, information and intelligence sharing, and security assistance to allies and partners in support of such efforts; and (5) any other matter the Secretary considers relevant. 1252. Sense of Congress on defense alliances and partnerships in the Indo-Pacific region (a) Findings Congress makes the following findings: (1) The Interim National Security Strategic Guidance issued by the President in March 2021 states the following: (A) For decades, our allies have stood by our side against common threats and adversaries, and worked hand-in-hand to advance our shared interests and values. They are a tremendous source of strength and a unique American advantage, helping to shoulder the responsibilities required to keep our nation safe and our people prosperous. . (B) Our democratic alliances enable us to present a common front, produce a unified vision, and pool our strength to promote high standards, establish effective international rules, and hold countries like China to account. . (C) We will reaffirm, invest in, and modernize…our alliances with Australia, Japan, and the Republic of Korea—which, along with our other global alliances and partnerships, are America’s greatest strategic asset. . (2) On January 19, 2021, Secretary of Defense Lloyd J. Austin III stated to the Committee on Armed Services of the Senate, [o]ur alliances and partnerships globally—including the defense tools at our disposal to engage them, and more fundamentally the mutual security commitments and interests we pursue to maintain them—are an asymmetric strategic advantage that our competitors do not possess. The strength of this network of defense relations cannot be taken for granted. . (3) On November 13, 2019, General Mark Milley stated to reporters, [w]e are committed to a free and open Indo-Pacific region, and will maintain very, very close security ties with our partner nations in the area. . (b) Sense of Congress It is the sense of Congress that the Secretary of Defense should recommit to and strengthen United States defense alliances and partnerships in the Indo-Pacific region so as to further the comparative advantage of the United States in strategic competition with the People's Republic of China, including by— (1) enhancing cooperation with Japan, consistent with the Treaty of Mutual Cooperation and Security Between the United States of America and Japan, including by developing advanced military capabilities, fostering interoperability across all domains, and improving sharing of information and intelligence; (2) reinforcing the United States alliance with the Republic of Korea, consistent with the Mutual Defense Treaty Between the United States and the Republic of Korea, in support of the shared objective of a peaceful and stable Korean Peninsula; (3) fostering bilateral and multilateral cooperation with Australia, consistent with the Australia, New Zealand, United States Security Treaty, to advance shared security objectives and build the capabilities of emerging partners; (4) advancing United States alliances with the Philippines and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance maritime domain awareness, promote sovereignty and territorial integrity, and collaborate on vetting Chinese investments in strategic technology sectors and critical infrastructure; (5) broadening the engagement of the United States with India, including through the Quadrilateral Security Dialogue— (A) to advance the shared objective of a free and open Indo-Pacific region through bilateral and multilateral engagements and participation in military exercises, expanded defense trade, and collaboration on humanitarian aid and disaster response; and (B) to enable greater cooperation on maritime security and the threat of global pandemics, including COVID–19; (6) strengthening the United States partnership with Taiwan, consistent with the Three Communiqués, the Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), and the Six Assurances, with the goal of improving Taiwan’s asymmetric defensive capabilities and promoting peaceful cross-strait relations; and (7) reinforcing the status of the Republic of Singapore as a Major Security Cooperation Partner of the United States and continuing to strengthen defense and security cooperation between the military forces of the Republic of Singapore and the Armed Forces of the United States, including through participation in combined exercises and training, including the use of the Foreign Military Sales Training Center at Ebbing Air National Guard Base in Fort Smith, Arkansas. F Reports 1261. Report on security cooperation authorities and associated resourcing in support of the Security Force Assistance Brigades Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that— (1) assesses the adequacy of existing Department of Defense security cooperation authorities and associated resourcing in support of the ability of the Security Force Assistance Brigades of the Army to effectively fulfill the security cooperation requirements of the combatant commands; and (2) identifies any gap in such authorities or associated resourcing. 1262. Independent assessment with respect to Arctic region and establishment of Arctic Security Initiative (a) Sense of Congress It is the sense of Congress that— (1) the security, stability, and prosperity of the Arctic region are vital to the national interests of the United States; (2) the United States should posture a military capability in the region that is able to project power, deter acts of aggression, and respond, if necessary, to threats within and arising from the Arctic region; (3) the defense of the United States and its allies from the People's Republic of China, the Russian Federation, the Democratic People's Republic of Korea, and any other potential aggressor remains a top priority; (4) persistent efforts by the Department of Defense to realign United States forces in the Arctic region, and commit additional assets to and increase investments in the Arctic region, are necessary to maintain a robust United States commitment to the Arctic region; and (5) the United States commitment to freedom of navigation and ensuring free access to sea lanes and overflights for the Navy and the Air Force remains a core security interest. (b) Independent assessment (1) In general Not later than February 15, 2022, the Commander of the United States Northern Command, in consultation and coordination with the Commander of the United States Indo-Pacific Command, the Commander of the United States European Command, the military services, and the defense agencies, shall conduct an independent assessment with respect to the activities and resources required, for fiscal years 2023 through 2027, to achieve the following objectives: (A) The implementation of the National Defense Strategy and military service-specific strategies with respect to the Arctic region. (B) The maintenance or restoration of the comparative military advantage of the United States in response to great power competitors in the Arctic region. (C) The reduction of the risk of executing operation and contingency plans of the Department of Defense. (D) To maximize execution of Department operation and contingency plans, in the event deterrence fails. (2) Elements The assessment required by paragraph (1) shall include the following: (A) An analysis of, and recommended changes to achieve, the required force structure and posture of assigned and allocated forces within the Arctic region for fiscal year 2027 necessary to achieve the objectives described in paragraph (1), which shall be informed by— (i) a review of United States military requirements based on operation and contingency plans, capabilities of potential adversaries, assessed gaps or shortfalls of the Armed Forces within the Arctic region, and scenarios that consider— (I) potential contingencies that commence in the Arctic region and contingencies that commence in other regions but affect the Arctic region; (II) use of near-, mid-, and far-time horizons to encompass the range of circumstances required to test new concepts and doctrine; (III) supporting analyses that focus on the number of regionally postured military units and the quality of capability of such units; (ii) a review of current United States military force posture and deployment plans within the Arctic region, especially of Arctic-based forces that provide support to, or receive support from, the United States Northern Command, the United States Indo-Pacific Command, or the United States European Command; (iii) an analysis of potential future realignments of United States forces in the region, including options for strengthening United States presence, access, readiness, training, exercises, logistics, and pre-positioning; and (iv) any other matter the Commander of the United States Northern Command considers appropriate. (B) A discussion of any factor that may influence the United States posture, supported by annual wargames and other forms of research and analysis. (C) An assessment of capabilities requirements to achieve such objectives. (D) An assessment of logistics requirements, including personnel, equipment, supplies, storage, and maintenance needs to achieve such objectives. (E) An assessment and identification of required infrastructure and military construction investments to achieve such objectives. (3) Report (A) In general Not later than February 15, 2022, the Commander of the United States Northern Command shall submit to the Secretary of Defense a report on the assessment required by paragraph (1). (B) Submittal to Congress (i) In general Not later than 30 days after the date on which the Secretary receives the report under subparagraph (A), the Secretary shall submit to the congressional defense committees— (I) a copy of the report, in its entirety; and (II) any additional analysis or information, as the Secretary considers appropriate. (C) Form The report required by subparagraph (A), and any additional analysis or information provided under subparagraph (B)(i)(II), may be submitted in classified form, but shall include an unclassified summary. (c) Arctic Security Initiative (1) Plan (A) In general Not later than 30 days after the date on which the Secretary receives the report under subsection (b)(3)(A), the Secretary shall submit to the congressional defense committees a plan to carry out a program of activities to enhance security in the Arctic region. (B) Objectives The plan required by subparagraph (A) shall be— (i) consistent with the objectives described in paragraph (1) of subsection (b); and (ii) informed by the assessment required by that paragraph. (C) Activities The plan shall include the following prioritized activities to improve the design and posture of the joint force in the Arctic region: (i) Modernize and strengthen the presence of the Armed Forces, including those with advanced capabilities. (ii) Improve logistics and maintenance capabilities and the pre-positioning of equipment, munitions, fuel, and materiel. (iii) Carry out a program of exercises, wargames, education, training, experimentation, and innovation for the joint force. (iv) Improve infrastructure to enhance the responsiveness and resiliency of the Armed Forces. (2) Establishment (A) In general Not later than fiscal year 2023, and contingent on the submittal of the plan required by paragraph (1), the Secretary shall establish a program of activities to enhance security in the Arctic region, to be known as the Arctic Security Initiative (in this paragraph referred to as the Initiative ). (B) Five-year plan for the Initiative (i) In general The Secretary, in consultation with the Commander of the United States Northern Command, shall submit to the congressional defense committees a future years plan for the activities and resources of the Initiative that includes the following: (I) A description of the activities and resources for the first fiscal year beginning after the date on which the Initiative is established, and the plan for not fewer than the four subsequent fiscal years, organized by the activities described in paragraph (1)(C). (II) A summary of progress made toward achieving the objectives described in subsection (b)(1). (III) A summary of the activity, resource, capability, infrastructure, and logistics requirements necessary to achieve measurable progress in reducing risk to the ability of the joint force to achieve objectives in the Arctic region, including, as appropriate, investments in— (aa) active and passive defenses against— (AA) manned aircraft, surface vessels, and submarines; (BB) unmanned naval systems; (CC) unmanned aerial systems; and (DD) theater cruise, ballistic, and hypersonic missiles; (bb) advanced long-range precision strike systems; (cc) command, control, communications, computers, intelligence, surveillance, and reconnaissance systems; (dd) training and test range capacity, capability, and coordination; (ee) dispersed resilient and adaptive basing to support distributed operations, including expeditionary airfields and ports, space launch facilities, and command posts; (ff) advanced critical munitions; (gg) pre-positioned forward stocks of fuel, munitions, equipment, and materiel; (hh) distributed logistics and maintenance capabilities; (ii) strategic mobility assets, including icebreakers; (jj) improved interoperability, logistics, transnational supply lines and infrastructure, and information sharing with allies and partners, including scientific missions; and (kk) information operations capabilities. (IV) A detailed timeline for achieving the requirements identified under subclause (III). (V) A detailed explanation of any significant modification to such requirements, as compared to— (aa) the assessment required by subsection (b)(1) for the first fiscal year; and (bb) the plans previously submitted for each subsequent fiscal year. (VI) Any other matter the Secretary considers necessary. (ii) Form The plan required by clause (i) shall be submitted in unclassified form but may include a classified annex. (iii) Inclusion in budget materials The Secretary shall include the plan required by clause (i) in the budget materials submitted by the Secretary in support of the budget of the President for fiscal years 2023 through 2027. 1263. Annual report and briefing on Global Force Management Allocation Plan (a) In general Not later than October 31, 2022, and annually thereafter through 2024, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a classified report and a classified briefing on the Global Force Management Allocation Plan and its implementation. (b) Report Each report required by subsection (a) shall include a summary describing the Global Force Management Allocation Plan being implemented as of October 1 of the year in which the report is provided. (c) Briefing Each briefing required by subsection (a) shall include the following: (1) A summary of the major modifications to global force allocation made during the preceding fiscal year that deviated from the Global Force Management Allocation Plan for that fiscal year as a result of a shift in strategic priorities, requests for forces, or other contingencies, and an explanation for such modifications. (2) A description of the major differences between the Global Force Management Allocation Plan for the current fiscal year and the Global Force Management Allocation Plan for the preceding fiscal year. (3) A description of any difference between the actual global allocation of forces, as of October 1 of the year in which the briefing is provided, and the forces stipulated in the Global Force Management Allocation Plan being implemented on that date. G Other matters 1271. Modification of United States-Israel Operations-Technology cooperation within the United States-Israel Defense Acquisition Advisory Group (a) In general Section 1299M of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by striking the section heading and inserting Establishment of United States-Israel Operations-Technology Working Group ; (2) by amending subsection (a) to read as follows: (a) Requirement (1) In general The Secretary of Defense, in consultation with the Secretary of State, shall take actions within the United States-Israel Defense Acquisition Advisory Group— (A) to provide a standing forum for the United States and Israel to systematically share intelligence-informed military capability requirements; (B) to identify military capability requirements common to the Department of Defense and the Ministry of Defense of Israel; (C) to assist defense suppliers in the United States and Israel by assessing recommendations from such defense suppliers with respect to joint science, technology, research, development, test, evaluation, and production efforts; (D) to develop, as feasible and advisable, combined United States-Israel plans to research, develop, procure, and field weapon systems and military capabilities as quickly and economically as possible to meet common capability requirements of the Department and the Ministry of Defense of Israel; and (E) to seek ways to broaden Israeli cooperation with— (i) the signatories of the Abraham Accords; (ii) Egypt; and (iii) Jordan. (2) Rule of construction Nothing in this subsection shall be construed as requiring the termination of any existing United States defense activity, group, program, or partnership with Israel. ; (3) by amending subsection (c) to read as follows: (c) Establishment of United States-Israel Operations-Technology Working Group within the United States-Israel Defense Acquisition Advisory Group Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense, in consultation with the appropriate heads of other Federal agencies and with the concurrence of the Minister of Defense of Israel, shall establish, under the United States vice chairman of the United States-Israel Defense Acquisition Advisory Group, a United States-Israel Operations-Technology Working Group to address operations and technology matters described in subsection (a)(1). ; and (4) in subsection (d)(2), by striking United States-Israel Defense Acquisition Advisory Group each place it appears and inserting United States-Israel Operations-Technology Working Group . (b) Technical and conforming amendment The table of contents for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking the item relating to section 1299M and inserting the following new item: Sec. 1299M. Establishment of United States-Israel Operations-Technology Working Group. . 1272. Prohibition on support for offensive military operations against the Houthis in Yemen (a) In general None of the funds authorized to be appropriated by this Act shall be made available to provide Department of Defense support for the Saudi-led coalition's offensive operations against the Houthis in Yemen, including for coalition strikes. (b) Waiver (1) In general The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary— (A) determines that such a waiver is in the national security interests of the United States; (B) issues the waiver in writing; and (C) not more than 5 days after issuing the waiver, submits to the Committees on Armed Services of the Senate and House of Representatives a notification that includes the text of the waiver and a justification for the waiver. (c) Report Not later than March 31, 2022, the Secretary of Defense, in consultation with the Director of National Intelligence and the Secretary of State, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the obstructions that the Department of Defense has encountered in the delivery of humanitarian aid in Yemen, including the role of the Kingdom of Saudi Arabia and Ansar Allah in such obstruction. (d) Rule of construction Nothing in this section shall be construed to limit— (1) United States counterterrorism cooperation with Saudi Arabia or the United Arab Emirates against al-Qaeda, the Islamic State of Iraq and Syria, or associated forces; or (2) United States operations to support efforts to defend against ballistic missile, cruise missile, unmanned aerial vehicle, or explosive boat threats to international maritime traffic or civilian population centers in coalition countries, including locations in which citizens or nationals of the United States reside. 1273. Repeal of authorization of non-conventional assisted recovery capabilities; modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment (a) Repeal Section 943 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4578), as most recently amended by section 1299D of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is repealed on December 31, 2022. (b) Plan required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for transitioning the funding for activities currently conducted under the authority provided by such section 943 to the authority provided by section 127f of title 10, United States Code. (2) Elements The plan required by paragraph (1) shall include the following: (A) An identification of the non-conventional assisted recovery activities to be transitioned to the authority provided by such section 127f. (B) An identification of any legislative changes to such section 127f necessary to accommodate the transition of activities currently funded under such section 943. (C) Any other matter the Secretary considers relevant. (c) Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment Section 127f of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Non-Conventional assisted recovery capabilities Funding used to establish, develop, and maintain non-conventional assisted recovery capabilities under this section shall only be obligated and expended with the concurrence of the relevant Chief of Mission or Chiefs of Mission. . 1274. Extension and modification of authority for certain payments to redress injury and loss (a) Extension Subsection (a) of section 1213 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1629; 10 U.S.C. 2731 note) is amended by striking December 31, 2022 and inserting December 31, 2023 . (b) Conditions on payment Subsection (b)(1) of such section is amended to read as follows: (1) the prospective foreign civilian recipient is not otherwise ineligible for payment under any other provision of law; . (c) Procedures for submittal of claims Such section is further amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following new subsection (d): (d) Procedures for submittal of claims (1) In general Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall establish procedures to receive, evaluate, and respond to allegations of civilian harm resulting from military operations involving the United States Armed Forces, a coalition that includes the United States, or a military organization supporting the United States, including by the issuance of— (A) a formal acknowledgment of such harm; (B) a nonmonetary expression of condolence; or (C) an ex gratia payment. (2) Consultation In establishing the procedures under paragraph (1), the Secretary of Defense shall, as appropriate, consult with the Secretary of State and nongovernmental organizations that focus on addressing civilian harm in conflict. (3) Policy updates Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall ensure that the procedures established under paragraph (1) are formalized through updates to the policy referred to in section 936 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 134 note). . (d) Quarterly report Subsection (h) of such section, as redesignated, is amended by adding at the end the following new paragraph: (3) The status of Department of Defense efforts— (A) to establish the claims procedures required under subsection (d)(1); and (B) to implement this section. . 1275. Secretary of Defense Strategic Competition Initiative (a) In general The Secretary of Defense may provide funds for one or more Department of Defense activities or programs described in subsection (c) that advance United States national security objectives for strategic competition with near-peer rivals. (b) Purpose The purpose of the authority under subsection (a) is to support Department efforts— (1) to compete asymmetrically at the strategic level within and across domains with near-peer rivals, including through the fulfillment of emergent and unanticipated requirements of the combatant commands; (2) to counter coercion by near-peer rivals against United States allies and partners in competition short of armed conflict, including by countering disinformation, malign foreign influence, and corruption by near-peer rivals to gain leverage or sow division; and (3) to integrate with, support, and enable other Federal departments and agencies to advance United States influence and interests. (c) Authorized activities and programs Activities and programs for which funds may be provided under subsection (a) are the following: (1) The provision of funds to pay for personnel expenses of foreign defense or security personnel for bilateral or regional security cooperation programs and joint exercises, in accordance with section 321 of title 10, United States Code. (2) Humanitarian and civic assistance, in consultation with the Secretary of State to the extent practicable, including— (A) urgent and unanticipated humanitarian relief and reconstruction assistance; and (B) assistance for capacity building for disaster response and risk reduction. (3) Defense support for stabilization and counter-extremism activities of other Federal departments and agencies, including activities under— (A) section 1210A of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626); and (B) section 385 of title 10, United States Code. (4) Activities to build the institutional capacity of foreign national security forces, including efforts to counter corruption, in accordance with section 332 of title 10, United States Code. (5) Activities to build the capabilities of the joint force and the security forces of United States allies and partners to conduct irregular warfare for strategic competition. (6) Activities to expose and counter foreign malign influence, coercion, and subversion. (d) Funding Amounts made available for activities carried out pursuant to subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operation and maintenance, Defense-wide. (e) Relationship to other funding Any amount provided by the Secretary of Defense during any fiscal year out of the Secretary of Defense Strategic Competition Initiative for an activity or program described in subsection (c) shall be in addition to amounts otherwise available for that activity or program for that fiscal year. (f) Use of funds (1) Limitations Of funds made available under this section for any fiscal year— (A) not more than $20,000,000 in each fiscal year is authorized to be obligated and expended under this section; and (B) not more than $3,000,000 may be used to pay for personnel expenses under subsection (c)(1). (2) Prohibition Funds may not be provided under this section for any activity that has been denied authorization by Congress. (g) Annual report Not less frequently than annually, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a). (h) Termination The authority under subsection (a) shall terminate on September 30, 2024. 1276. Strategic competition initiative for United States Southern Command and United States Africa Command (a) Initiative The Secretary of Defense may develop and carry out, through the Department of Defense authorities specified in subsection (d), an initiative to support programs and activities for long-term strategic competition with near-peer rivals in the areas of responsibility of the United States Southern Command and the United States Africa Command. (b) Purpose The purpose of the initiative under subsection (a) is to support Department efforts— (1) to compete strategically with, and counter the influence of, near-peer rivals in such areas of responsibility; (2) to counter coercion by near-peer rivals against United States allies and partners in competition short of armed conflict, including by addressing sources of insecurity and other vulnerabilities that near-peer rivals exploit to gain leverage or sow division; (3) to strengthen the resilience of foreign security forces and ministries in such areas of responsibility against corruption and malign influence from near-peer rivals, including by building institutional capabilities for accountability and adherence to the rule of law; and (4) to support and enable United States Government interagency integration and activities that advance United States national security objectives for strategic competition with near-peer rivals, including by supporting civilian efforts to address vulnerabilities arising from the COVID–19 pandemic in such areas of responsibility. (c) Plan (1) In general The Secretary, in consultation with the Commander of the United States Southern Command and the Commander of the United States Africa Command, shall develop and submit to the congressional defense committees a plan for the initiative under subsection (a). (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees the plan developed under paragraph (1). (d) Authorities The authorities specified in this subsection are the following: (1) The authority of the Defense Security Cooperation Agency under section 332 of title 10, United States Code, to carry out— (A) institutional capacity-building activities; and (B) the Ministry of Defense Advisors program. (2) Security cooperation authorities under chapter 16 of title 10, United States Code. (3) Legal institution capacity-building authority under section 1210 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1625; 10 U.S.C. 332 note). (4) Overseas humanitarian, disaster, and civic aid authorities under sections 404 and 2561 of title 10, United States Code. (5) Joint task force authority to support law enforcement agencies conducting counterterrorism, counter illicit trafficking, and counter transnational organized crime activities under section 285 of title 10, United States Code, as added by this Act. (6) Stabilization activities authority under section 1210A of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1626). (7) The authority of the Defense Environmental International Cooperation program. (8) Any other authority the Secretary considers appropriate. (e) Notification to Congress Not later than 15 days before commencing the initiative under subsection (a), the Secretary shall submit to the congressional defense committees a notification containing each of the following: (1) An identification of one or more countries in which a program under the initiative will be conducted. (2) A description of the strategic objectives of each such program. (3) The budget and timetable for implementing and completing each such program. (4) A description of the arrangements, if any, for a host country to sustain such a program or any capability developed by such a program. (f) Report Beginning in the fiscal year in which the Secretary commences the initiative under subsection (a), and annually thereafter through the fiscal year in which the initiative terminates under subsection (h), the Secretary shall submit to the congressional defense committees a report on the implementation of the initiative. (g) Funding Amounts for programs and activities carried out under subsection (a) in a fiscal year may be derived from amounts authorized to be appropriated for such fiscal year for the Department of Defense for operations and maintenance. (h) Termination The authority for the initiative under subsection (a) shall terminate on December 31, 2024. 1277. Modification of notification requirements for sensitive military operations Section 130f(d)(1) of title 10, United States Code, is amended— (1) in subparagraph (A), by striking ; or and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) an operation conducted by the armed forces to free an individual from the control of hostile foreign forces. . 1278. Special Operations Forces joint operating concept for competition and conflict (a) In general Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command shall jointly submit to the congressional defense committees a Special Operations Forces joint operating concept for competition and conflict. (b) Elements The joint operating concept required by subsection (a) shall include the following: (1) A detailed description of the manner in which Special Operations Forces will be expected to operate in the future across the spectrum of operations, including operations below the threshold of traditional armed conflict, crisis, and armed conflict. (2) An explanation of the roles and responsibilities of the National Mission Force and the Theater Special Operations Forces, including how such forces will be integrated with each other and with general purpose forces. (3) An articulation of the required capabilities of the special operations forces. (4) An explanation of the manner in which the joint operating concept relates to and fits within the joint warfighting concept produced by the Joint Chiefs of Staff. (5) An explanation of the manner in which the joint operating concept relates to and integrates into the operating concepts of the Armed Forces. (6) Any other matter the Assistant Secretary and the Commander consider relevant. 1279. Plan for provision of information support to commanders of the combatant commands (a) Plan required (1) In general Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence and Security, in coordination with the Director of National Intelligence, shall develop a plan for more effectively fulfilling the intelligence and information requirements of the combatant commands with respect to efforts by the combatant commands to expose and counter foreign malign influence, coercion, and subversion activities undertaken by, or at the direction, on behalf, or with substantial support of the governments of, covered foreign countries. (2) Elements The plan required by paragraph (1) shall include the following: (A) A review of current policies and procedures relating to the provision, sharing, and declassification of intelligence gathered by the Defense Intelligence Enterprise to support such efforts. (B) A plan for improving the quality and timeliness of intelligence and information provided to the commanders of the combatant commands to aid in such efforts, including mechanisms to enable the disclosure of foreign malign influence, coercion, and subversion activities— (i) in appropriate classified venues, in collaboration with relevant allies and partners; or (ii) as unclassified information for public release. (C) A plan to better leverage open-source and commercially available information and independent analysis to support such efforts. (D) An identification of any additional resources or legislative authority necessary to better meet such intelligence and information requirements. (E) An assignment of responsibilities and timelines for the implementation of the plans described in subparagraphs (B) and (C). (F) Any other matter the Under Secretary of Defense for Intelligence and Security considers relevant. (b) Report Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence and Security, in coordination with the Director of National Intelligence, shall submit to the appropriate committees of Congress the plan developed under subsection (a). (c) Comptroller General assessment Not later than 45 days after the date on which the plan is submitted under subsection (b), the Comptroller General of the United States shall submit to the appropriate committees of Congress an assessment of the sufficiency of the plan for meeting such intelligence and information requirements. (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Covered foreign country The term covered foreign country means any of the following: (A) The People’s Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People’s Republic of Korea. (E) Any other foreign country the Under Secretary of Defense for Intelligence and Security and the Director of National Intelligence consider appropriate. 1280. Independent review of and report on the Unified Command Plan (a) Review required (1) In general The Secretary of Defense shall provide for an independent review of the current Unified Command Plan. (2) Elements The review required by paragraph (1) shall include the following: (A) An assessment of the most recent Unified Command Plan with respect to— (i) current and anticipated threats; (ii) deployment and mobilization of the Armed Forces; and (iii) the most current versions of the National Defense Strategy and Joint Warfighting Concept. (B) An evaluation of the missions, responsibilities, and associated force structure of each geographic and functional combatant command. (C) An assessment of the feasibility of alternative Unified Command Plan structures. (D) Recommendations, if any, for alternative Unified Command Plan structures. (E) Recommendations, if any, for modifications to sections 161 through 169 of title 10, United States Code. (F) Any other matter the Secretary considers appropriate. (3) Conduct of review by independent entity (A) In general The Secretary shall— (i) select an entity described in subparagraph (B) to conduct the review required by paragraph (1); and (ii) ensure that the review is conducted independently of the Department of Defense. (B) Entity described An entity described in this subparagraph is— (i) a federally funded research and development center; or (ii) an independent nongovernmental institute that— (I) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (II) is exempt from taxation under section 501(c) of that Code; and (III) has recognized credentials and expertise in national security and military affairs. (b) Report to Congress (1) In general Not later than October 1, 2022, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives the results of the review conducted under subsection (a). (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. 1281. Establishment of mission-oriented pilot programs to close significant capabilities gaps (a) In general The Secretary of Defense shall establish, within the Strategic Capabilities Office of the Office of the Secretary of Defense, not fewer than two mission-oriented integration pilot programs with the objective of closing significant capabilities gaps by synchronizing and integrating missions across services and field agencies. (b) Elements The pilot programs established under subsection (a) shall— (1) be aligned to specific outstanding operational challenges of high importance to the operational plans of the United States Indo-Pacific Command and the United States European Command; (2) be designed to leverage industry cost sharing by using sources such as private equity and venture capital funding to develop the underlying technology and overall capability for delivery to the joint force, as a product or as a service, not later than five years after the date on which the program commences; (3) not later than three years after such date— (A) demonstrate proof of efficacy through operational concept experimentation and prototype development; and (B) deliver an operational capability not later than five years after the pilot program commences; (4) provide an operationally relevant solution for— (A) (i) maintaining resilient aircraft operations in and around Guam in the face of evolving regional threats, including large salvo supersonic and hypersonic missile threats; or (ii) a similar operational challenge of strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command or the United States European Command; and (B) (i) providing a resilient logistics and resupply capability in the face of evolving regional threats, including operations within an anti-access-area denial environment; or (ii) a similar operational challenge of strategic importance and relevance to the responsibilities and plans of the United States Indo-Pacific Command; and (5) be developed to incorporate— (A) existing and planned Department of Defense systems and capabilities to achieve mission objectives; and (B) to the extent practicable, technologies that have dual-use commercial market potential. (c) Role of Strategic Capabilities Office (1) In general With respect to the pilot programs established under subsection (a), the Strategic Capabilities Office of the Office of the Secretary of Defense shall— (A) assign pilot program managers— (i) to coordinate and collaborate with investors, performers, combatant commands, and military departments to define mission requirements and solutions; and (ii) to coordinate and monitor pilot program implementation; (B) provide technical assistance for pilot program activities, including developing and implementing metrics, which shall be used— (i) to assess the current status of the operational challenge concerned; and (ii) to characterize the resilience of operational approaches to known threats and single points of failure; (C) provide operational use case expertise to participants in the pilot programs; and (D) serve as the liaison between the Armed Forces, the combatant commanders, and the participants in the pilot programs. (2) Reports to Congress Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the head of the Strategic Capabilities Office of the Office of the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs. (d) Additional authorities The Secretary shall assess authorities required by the pilot program managers for the effective and efficient fulfillment of their responsibilities, including the delegation of hiring personnel and contracting authorities. (e) Data The Secretary shall establish mechanisms to collect and analyze data on the implementation of the pilot programs for the purposes of— (1) developing and sharing best practices for achieving goals established for the pilot programs; and (2) providing information to the Secretary and the congressional defense committees on— (A) the implementation of the pilot programs; and (B) related policy issues. (f) Recommendations Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a recommendation with respect to continuing or expanding the pilot programs. (g) Transition of pilot program responsibilities Beginning in fiscal year 2025, the Secretary may transition the responsibility for the pilot programs to another organization. 1282. Limitation on availability of certain funding for operation and maintenance Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the congressional defense committees the following: (1) The report on the comprehensive policy of the Department of Defense on collective self-defense required by section 1754(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 130f note). (2) The first quarterly report identifying and summarizing all execute orders approved by the Secretary of Defense or the commander of a combatant command in effect for the Department of Defense as required by section 1744(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 113 note). (3) The report on the policy of the Department of Defense relating to civilian casualties resulting from United States military operations required by section 936(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 134 note). XIII COOPERATIVE THREAT REDUCTION 1301. Funding allocations; specification of Cooperative Threat Reduction funds (a) Funding allocation Of the $239,849,000 authorized to be appropriated to the Department of Defense for fiscal year 2022 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act ( 50 U.S.C. 3711 ), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $2,997,000. (2) For chemical weapons destruction, $13,250,000. (3) For global nuclear security, $17,767,000. (4) For cooperative biological engagement, $124,022,000. (5) For proliferation prevention, $58,754,000. (6) For activities designated as Other Assessments/Administrative Costs, $23,059,000. (b) Specification of cooperative threat reduction funds Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2022, 2023, and 2024. XIV Other authorizations A Military programs 1401. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2022 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501. 1402. Chemical Agents and Munitions Destruction, Defense (a) Authorization of appropriations Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501. (b) Use Amounts authorized to be appropriated under subsection (a) are authorized for— (1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 ( 50 U.S.C. 1521 ); and (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. 1404. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2022 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501. 1405. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2022 for the Defense Health Program for use of the Armed Forces and other activities and agencies of the Department of Defense for providing for the health of eligible beneficiaries, as specified in the funding table in section 4501. B Armed Forces Retirement Home 1411. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2022 from the Armed Forces Retirement Home Trust Fund the sum of $75,300,000 for the operation of the Armed Forces Retirement Home. C Other matters 1421. Authorization to loan materials in National Defense Stockpile Section 6 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98e ) is amended by adding at the end the following new subsection: (f) The President may loan stockpile materials to the Department of Energy or the military departments if the President— (1) has a reasonable assurance that stockpile materials of a similar or superior quantity and quality to the materials loaned will be returned to the stockpile or paid for; (2) notifies the congressional defense committees (as defined in section 101(a) of title 10, United States Code), in writing, not less than 30 days before making any such loan; and (3) includes in the written notification under paragraph (2) sufficient support for the assurance described in paragraph (1). . 1422. Repeal of termination of biennial report on National Defense Stockpile requirements Section 1061(i) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 111 note) is amended by striking paragraph (30). 1423. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois (a) Authority for transfer of funds Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $137,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2571). (b) Treatment of transferred funds For purposes of subsection (a)(2) of such section 1704, any funds transferred under subsection (a) shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer. (c) Use of transferred funds For purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 ; 122 Stat. 4500). XV Space activities, strategic programs, and intelligence matters A Space activities 1501. Delegation of authorities to Space Development Agency (a) Personnel management authority Section 1599h(b)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraph (H) as subparagraph (I); and (2) by striking the second subparagraph (G), as added by section 1602(b)(3) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), and inserting the following new subparagraph (H): (H) in the case of the Space Development Agency, appoint individuals to a total of not more than 50 positions in the Agency, of which not more than 10 such positions may be positions of administration and management of the Agency; and . (b) Additional authorities (1) In general Chapter 908 of title 10, United States Code, is amended— (A) by redesignating the second section designated as section 9084, as added by section 1601(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), as section 9086 and moving such section so as to appear after section 9085; and (B) in section 9086, as so redesignated, by adding at the end the following new subsection: (d) Delegation of authorities (1) In general To the extent practicable, the Secretary of the Air Force, acting through the Service Acquisition Executive for Space, shall ensure the delegation to the Agency of— (A) head of contracting authority; and (B) milestone decision authority for the middle tier of acquisition programs. (2) Rescission (A) In general The Service Acquisition Executive for Space may rescind the delegation of authority under paragraph (1) for cause or on a case-by-case basis. (B) Notification Not later than 30 days after the date of a rescission under subparagraph (A), the Secretary of the Air Force shall notify the congressional defense committees of such rescission. . (2) Technical and conforming amendments The table of sections for chapter 908 of title 10, United States Code, is amended— (A) by striking the item relating to section 9084, as added by section 1601(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ); and (B) by adding at the end the following new item: 9086. Space Development Agency. . 1502. Modification to Space Development Agency Section 9086 of title 10, United States Code, as redesignated and amended by section 1501(b)(1), is further amended by adding at the end the following new subsections: (e) Acquisitions The Joint Capabilities Integration and Development System process shall not apply to acquisitions by the Agency. (f) Combatant Commander and Warfighter Council Not less frequently than twice annually, the Director shall convene a Combatant Commander and Warfighter Council, which shall— (1) establish and validate capability plans for the Agency; and (2) recommend priorities for the Agency, as the commanders of the combatant commands consider appropriate. . 1503. Disclosure of National Security Space Launch program contract pricing terms (a) In general Chapter 135 of title 10, United States Code, is amended by inserting after section 2276 the following new section 2277: 2277. Disclosure of National Security Space Launch program contract pricing terms (a) In general With respect to any contract awarded by the Secretary of the Air Force for the launch of a national security payload under the National Security Space Launch program, not later than 30 days after entering into such a contract, the Secretary shall submit to the congressional defense committees a description of the pricing terms of the contract. (b) Competitively sensitive trade secret data The congressional defense committees shall— (1) treat a description of pricing terms submitted under subsection (a) as competitively sensitive trade secret data; and (2) use the description solely for committee purposes, subject to appropriate restrictions to maintain the confidentiality of the description. (c) Rule of construction For purposes of section 1905 of title 18, United States Code, a disclosure of contract pricing terms under subsection (a) shall be construed as a disclosure authorized by law. . (b) Conforming amendment The table of sections at the beginning of chapter 135 of title 10, United States Code, is amended by inserting after the item relating to section 2276, the following new item: 2277. Disclosure of National Security Space Launch program contract pricing terms. . 1504. Extension and modification of Council on Oversight of the Department of Defense Positioning, Navigation, and Timing Enterprise Section 2279b of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following new subparagraph (D): (D) Alternative methods to perform position navigation and timing. ; and (2) in subsection (h), by striking National Defense Authorization Act for Fiscal Year 2016 and inserting National Defense Authorization Act for Fiscal Year 2022 . 1505. Senior Procurement Executive authority (a) Office of the Secretary of the Air Force Section 9014(c) of title 10, United States Code, is amended— (1) in paragraph (2), by striking The Secretary of the Air Force shall and inserting Subject to paragraph (6), the Secretary of the Air Force shall ; and (2) by adding at the end the following new paragraph: (6) Notwithstanding section 1702 of title 41, the Secretary of the Air Force may assign to the Assistant Secretary of the Air Force for Space Acquisition and Integration duties and authorities of the Senior Procurement Executive that relate to space systems and programs. . (b) Duties of Assistant Secretary of the Air Force for Space Acquisition and Integration Section 9016(b)(6)(B)(vi) of title 10, United States Code, is amended by inserting and discharge any Senior Procurement Executive duties and authorities assigned by the Secretary of the Air Force pursuant to section 9014(c)(6) of this title after Space Systems and Programs . 1506. Modifications to Space Force Acquisition Council (a) In general Section 9021 of title 10, United States Code, is amended— (1) in the section heading, by striking Force ; (2) in subsection (a), by striking Space Force Acquisition Council and inserting Space Acquisition Council ; and (3) in subsection (c), by striking the Air Force for . (b) Conforming amendment The table of sections for chapter 903 of title 10, United States Code, is amended by striking the item relating to section 9021 and inserting the following: 9021. Space Acquisition Council. . 1507. Modifications relating to the Assistant Secretary of the Air Force for Space Acquisition and Integration (a) Space Force Acquisition Council review and certification of determinations of the Assistant Secretary of the Air Force for Space Acquisition and Integration Section 9021(c) of title 10, United States Code, as amended by section 1506, is further amended— (1) by striking The Council and inserting (1) The Council ; and (2) by adding at the end the following: (2) (A) The Council shall promptly— (i) review any determination made by the Assistant Secretary of the Air Force for Space Acquisition and Integration with respect to architecture for Department of Defense space systems or programs under section 9016(b)(6)(B)(i), including the requirements for operating such space systems or programs; and (ii) (I) if the Council finds such a determination to be warranted, certify the determination; or (II) if the Council finds such a determination not to be warranted, decline to certify the determination. (B) Not later than 10 business days after the Council makes a decision with respect to a certification under subparagraph (A), the Council shall submit to the congressional defense committees a notification of the decision, including a detailed justification for the decision. (C) Except as provided in subparagraph (D), the Assistant Secretary of the Air Force for Space Acquisition and Integration may not take any action to implement a determination referred to in subparagraph (A)(i) until 60 days after the submittal of the notification under subparagraph (B). (D) (i) The Secretary of Defense may waive subparagraph (C) in the event of an urgent national security condition. (ii) The Secretary of Defense shall submit to the congressional defense committees a notification of any waiver granted under this subparagraph, including a justification for the waiver. . (b) Department of Defense space systems and programs Section 9016(b)(6)(B)(i) of title 10, United States Code, is amended to read as follows: (i) Be responsible for and oversee all architecture and integration of the Department of Defense for space systems and programs, with respect to their acquisition, including in support of the Chief of Space Operations under section 9082 of this title. . (c) Transfer of acquisition projects for space systems and programs Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1566; 10 U.S.C. 9016 note) is amended by inserting and the Department of Defense after programs of the Air Force . (d) Additional authorities of Chief of Space Operations Section 9082(d) of title 10, United States Code, is amended— (1) in paragraph (5), by striking ; and and inserting a semicolon; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) be the force design architect for Department of Defense space systems. . 1508. Modification to transfer of acquisition projects for space systems and programs Section 956(b)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1566; 10 U.S.C. 9016 note), as amended by section 1507(c), is further amended by striking Effective and inserting Not later than . 1509. Extension and modification of certifications regarding integrated tactical warning and attack assessment mission of the Air Force Section 1666 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 113 Stat. 2617), as amended by section 1604 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is further amended— (1) in the section heading, by striking the Air Force and inserting the Department of the Air Force ; (2) in subsection (a)— (A) in the matter preceding paragraph (1)— (i) by striking each year thereafter through 2020 and inserting each year thereafter through 2026 ; and (ii) by inserting , in consultation with the Commander of the United States Strategic Command and the Commander of the United States Northern Command, after the Commander of the United States Space Command ; (B) in paragraph (1)— (i) by striking the Air Force is and inserting the Department of the Air Force is ; and (ii) by inserting and the Space Force after to the Air Force ; and (C) in paragraph (2), by striking the Air Force and inserting the Department of the Air Force ; and (3) in subsection (b)— (A) by inserting of the United States Space Command after Commander ; (B) by striking system of the Air Force and inserting system of the Department of the Air Force ; (C) by striking command of the Air Force and inserting command of the Department of the Air Force ; and (D) by striking aspects of the Air Force and inserting aspects of the Department of the Air Force . 1510. Prohibition on Missile Defense Agency production of satellites and ground systems associated with operation of such satellites (a) In general The Director of the Missile Defense Agency shall not authorize or obligate funding for a program of record for the production of satellites or ground systems associated with the operation of such satellites. (b) Exemption for production of prototype satellites (1) In general The Director of the Missile Defense Agency, with the concurrence of the Space Acquisition Council established by section 9021 of title 10, United States Code, may authorize the production of a prototype satellite, consistent with the requirements of the Missile Defense Agency. (2) Report Not later than 30 days after concurring with an authorization for the production of a prototype satellite under paragraph (1), the chair of the Space Acquisition Council shall submit to the congressional defense committees a report explaining the reasons for such concurrence. (3) Limitation on obligation of funds The Director of the Missile Defense Agency may not obligate funds for the production of such a satellite before the submittal of the report required by paragraph (2). 1511. Continued requirement for National Security Space Launch program In carrying out Phase 2 of the acquisition strategy for the National Security Space Launch program, the Secretary of the Air Force shall ensure that launch services are procured only from launch service providers that use launch vehicles meeting Federal requirements with respect to required payloads to reference orbits. 1512. Limitation, report, and briefing on use of commercial satellite services and associated systems (a) Limitation (1) In general Except as provided in paragraph (2), the Secretary of Defense may not rely solely on the use of commercial satellite services and associated systems to carry out a critical defense requirement, such as command and control, targeting, and any other requirement necessary to effectively execute defense operations. (2) Mitigation measures The Secretary may rely solely on the use of commercial satellite services and associated systems to carry out a critical defense requirement described in paragraph (1) if the Secretary has taken measures to mitigate the vulnerability of any such requirement. (b) Report and briefing (1) In general Not less frequently than quarterly through fiscal year 2030, the Secretary shall submit a report and provide a briefing to the congressional defense committees on the extent of the reliance of the Department of Defense on commercial satellite services and associated systems to provide capability and additional capacity across the Department. (2) Elements Each report and briefing required by paragraph (1) shall include the following for the preceding quarter: (A) An assessment of such reliance and the resulting vulnerabilities. (B) An analysis of potential measures to mitigate such vulnerabilities. (C) A description of mitigation measures taken by the Secretary under subsection (a)(2). 1513. Study on commercial systems integration into, and support of, Armed Forces space operations (a) In general The Secretary of the Air Force shall enter into an arrangement with a federally funded research and development center to conduct a study on— (1) the extent of commercial support of, and integration into, Armed Forces space operations; and (2) measures to ensure that such operations, particularly operations that are mission critical, continue to be carried out in the most effective manner possible during a time of conflict. (b) Elements The study required by subsection (a) shall include an assessment of each of the following: (1) The extent to which the Department of Defense uses commercial satellites to support Armed Forces operations. (2) The anticipated increase in such use during the subsequent 10-year period. (3) In the event the Armed Forces loses access to commercially operated space systems and the data provided by such systems, the impact on Armed Forces operations. (4) Steps the Department may take to mitigate the risk of loss of such access. (5) As the Department develops plans to increase the resiliency of its space architectures, the anticipated role of commercial systems in such plans. (6) The international agreements and organizations that govern the manner in which commercial entities operate systems in outer space. (7) Whether, under current international law, a commercial satellite used to support military operations is considered a legitimate military target. (8) The extent to which owners of commercial satellites are aware that such satellites may be targeted by a foreign power. (9) The current insurance coverage scheme for commercial satellites that support Armed Forces operations. (10) During the 10-year period ending on the date of the enactment of this Act, the frequency with which third parties have interfered with commercially operated satellites that support Armed Forces operations. (11) Any other matter the Secretary considers necessary. (c) Report (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the study required by subsection (a). (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. 1514. Space policy review (a) In general The Secretary of Defense, in consultation with the Director of National Intelligence, shall carry out a review of the space policy of the Department of Defense. (b) Elements The review required by subsection (a) shall include the following: (1) For the subsequent five-year period, an assessment of the threat to the space operations of the United States and its allies. (2) An assessment of the national security objectives of the Department relating to space. (3) An evaluation of the policy changes and funding necessary to accomplish such objectives during such five-year period. (4) An assessment of the policy of the Department with respect to deterring, responding to, and countering threats to the space operations of the United States and its allies. (5) An analysis of such policy with respect to normative behaviors in space, including the commercial use of space. (6) An analysis of the extent to which such policy is coordinated with other ongoing policy reviews, including nuclear, missile defense, and cyber operations. (7) A description of the Department's organization and space doctrine to carry out its space policy. (8) An assessment of the space systems and architectures to implement such space policy. (9) Any other matter the Secretary considers appropriate. (c) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Director, shall submit to the congressional defense committees a report on the results of the review required by subsection (a). (2) Annual updates Not less frequently than annually for fiscal years 2024 through 2026, and concurrent with the President's budget submissions, the Secretary, in consultation with the Director, shall submit to the congressional defense committees a report describing any update to the assessments, analyses, and evaluations carried out pursuant to such review. (3) Form Each report required by this subsection shall be submitted in unclassified form but may include a classified annex. 1515. Annual briefing on threats to space operations (a) In general Not later than February 28 each year through 2026, the Chief of Space Operations, in consultation with the Director of National Intelligence, shall brief the appropriate committees of Congress on the threats to United States space operations posed by the Russian Federation, the People's Republic of China, and any other country relevant to the conduct of such operations. (b) Elements Each briefing required by subsection (a) shall include the following: (1) A review of the current posture of such threats and anticipated advances in such threats over the subsequent five-year period. (2) A description of potential measures to counter such threats. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. B Defense intelligence and intelligence-related activities 1521. Authority for Army counterintelligence agents to execute warrants and make arrests (a) In general Section 7377 of title 10, United States Code, is amended— (1) in the section heading, by inserting and Army Counterintelligence Command before the colon; and (2) in subsection (b)— (A) by striking any employee of the Department of the Army who is a special agent and inserting the following: “any employee of the Department of the Army who is— (1) a special agent ; (B) in subparagraph (1), as designated by subparagraph (A), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new paragraph: (2) a special agent of the Army Counterintelligence Command (or a successor to that command) whose duties include conducting, supervising, or coordinating counterintelligence investigations involving potential or alleged violations punishable under chapter 37, 113B, or 115 of title 18 and similar offenses punishable under this title. . (b) Clerical amendment The table of sections at the beginning of chapter 747 of such title is amended by striking the item relating to section 7377 and inserting the following new item: 7377. Civilian special agents of the Criminal Investigation Command and Army Counterintelligence Command: authority to execute warrants and make arrests. . 1522. Annual briefing by Director of the Defense Intelligence Agency on electronic warfare threat to operations of the Department of Defense (a) In general Not later than the first March 31 after the date of the enactment of this Act and not later than March 31 of each year thereafter until March 31, 2026, the Director of the Defense Intelligence Agency shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the electronic warfare threat to operations of the Department of Defense by Russia and China as well other countries relevant to the conduct of such operations. (b) Contents Each briefing provided under subsection (a) shall include a review of the following: (1) Current electronic warfare capabilities of the armed forces of Russia, the armed forces of China, and the armed forces of such other countries as the Director considers appropriate. (2) An estimate, for the five-year period beginning after the date of the briefing of the following: (A) Advances in electronic warfare threats to the operations of the Department from the countries referred to in paragraph (1). (B) The order of battle for Russia, China, and each other country the Secretary considers appropriate. C Nuclear forces 1531. Participation in United States Strategic Command strategic deterrence exercises (a) Sense of the Senate It is the sense of the Senate that— (1) presidential decisions to consider or authorize the use of nuclear weapons are of critical national importance, and should be informed by senior officials and staff who are intimately familiar with the likely scenarios in which such use might be contemplated and trained in the associated consultation and communications processes; (2) in a world in which emerging technologies are rapidly changing the nature of conflict, the considerations surrounding the use of nuclear weapons have become even more complex, challenging even those most experienced with the intricacies of nuclear employment decision-making processes, and that now, more than ever, effective crisis management requires improved senior leader understanding of the complexities of deterrence, escalation and de-escalation, and the range of options available across all phases of a crisis or conflict; (3) as a result of the concerns described in paragraph (2), section 1669 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2156) directed the Secretary of Defense to contract with a federally funded research and development center to conduct a study on the potential benefits and risks of options to increase the time the President has to make a decision regarding the employment of nuclear weapons; (4) the resulting report, completed by the Institute for Defense Analyses, found that, For the underlying system to have the best chance of giving a president all of the decision time the circumstances afford, trusted advisors cannot be starting to become familiar with nuclear weapons and operations in the midst of a crisis. Consequently, a relatively simple path to maximizing presidential decision time focuses on preparing principals for a type of decision or situation that will be different than anything they have encountered previously in their careers. ; (5) in 2020, the Defense Science Board reached a similar recommendation in assessing the national leadership command capability, which was to establish an exercise, testing, and learning regimen that is sustained and provides the principal source of areas for continuous improvement in capabilities and processes ; (6) such preparation is best achieved through participation in realistic and operationally relevant simulations of scenarios in which a decision to authorize the use of nuclear weapons might reasonably be considered and, accordingly, senior officials, advisors to the President, and staff should leverage any and all opportunities to improve their familiarity with such scenarios and processes; and (7) because of the highly classified nature of such activities, the most appropriate means of improving familiarity with such scenarios and processes is through participation in annual exercises organized and executed by the United States Strategic Command and Joint Staff or through other appropriate nuclear and command control exercises conducted on a regular basis. (b) Participation in United States Strategic Command strategic deterrence exercises (1) In general Chapter 24 of title 10, United States Code, is amended by adding at the end the following new section: 499b. Participation in United States Strategic Command strategic deterrence exercises (a) In general In the case of annual strategic deterrence exercises held by the United States Strategic Command during fiscal years 2022 through 2032— (1) the Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an even-numbered year; (2) the Deputy Assistant to the President for National Security Affairs is encouraged to participate in each such exercise that occurs during an odd-numbered year; (3) the Under Secretary of Defense for Policy shall participate, in whole or in part, in each such exercise; (4) the Vice Chairman of the Joint Chiefs of Staff shall participate, in whole or in part, in each such exercise; (5) appropriate senior staff of the Executive Office of the President or appropriate organizations supporting the White House relating to continuity of government activities are encouraged to participate in each such exercise; (6) appropriate general or flag officers of the military departments, and appropriate employees of Federal agencies in Senior Executive Service positions (as defined in section 3132 of title 5, United States Code), shall participate, in whole or in part, in each such exercise, to provide relevant expertise to the Assistant to the President for National Security Affairs and the Deputy Assistant to the President for National Security Affairs; and (7) in the case of such an exercise for which a unified combatant command has a geographic area of responsibility relevant to the scenario planned to be used for the exercise, not fewer than two of the following individuals from that command shall participate, in whole or in part, in the exercise: (A) The Commander. (B) The Deputy Commander. (C) The Director of the Joint Staff for Operations. (D) The Director of the Joint Staff for Strategic Plans and Policy. (b) Reports required (1) Not later than 30 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Commander of the United States Strategic Command shall submit to the Chairman of the Joint Chiefs of Staff and the Secretary of Defense a report on the exercise, which, at a minimum, shall include the following: (A) A description of the purpose and scope of the exercise. (B) An identification of the principal personnel participating in the exercise. (C) A statement of the principal findings resulting from the exercise that specifically relate to the nuclear command, control, and communications or senior leader decision-making process and a description of any deficiencies in that process identified a result of the exercise. (2) Not later than 60 days after the completion of an annual strategic deterrence exercise described in subsection (a), the Secretary shall transmit to the congressional defense committees— (A) an unedited copy of the report of the Commander submitted under paragraph (1); and (B) any additional recommendations or other matters the Secretary considers appropriate. . (2) Clerical amendment The table of sections for chapter 24 of such title is amended by adding at the end the following new item: 499b. Participation in annual United States Strategic Command strategic deterrence exercises. . 1532. Modification to requirements relating to nuclear force reductions (a) Prior notification of reductions for insufficient funding Subsection (a)(2)(B) of section 494 of title 10, United States Code, is amended by striking 60 days and inserting 120 days . (b) Net assessment of nuclear force levels with respect to certain proposals to reduce nuclear weapons stockpile Subsection (c) of such section is amended— (1) by striking December 31, 2011 each place it appears and inserting December 31, 2021 ; (2) in paragraph (1)— (A) by amending subparagraph (B) to read as follows: (B) the Secretary of Defense shall, not later than 120 days before the President implements that proposal, submit to the congressional defense committees— (i) the assessment described in subparagraph (A), unchanged, together with the explanatory views of the Secretary, as the Secretary deems appropriate; and (ii) an assessment of whether the proposed reduction in nuclear weapons will cause the number of nuclear weapons in the United States nuclear weapons stockpile to be fewer than the high-confidence assessment of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )) with respect to the number of nuclear weapons in the stockpiles of the Russian Federation and the People’s Republic of China; and ; and (B) in subparagraph (C), by striking Committees on Armed Forces of the Senate and the House of Representatives and inserting congressional defense committees ; (3) in paragraph (2)(B)— (A) in clause (i)— (i) by inserting nonpermanent before reductions ; and (ii) by striking ; or and inserting a semicolon; (B) by redesignating clause (ii) as clause (iii); and (C) by inserting after clause (i) the following new clause (ii): (ii) nonpermanent reductions that support the reliability, credibility, testing, maintenance, or certification of nuclear weapons delivery systems; or ; and (4) by striking paragraph (3). (c) Prevention of asymmetry in reductions Such section is further amended by striking subsection (d). 1533. Modifications to requirements relating to unilateral changes in nuclear weapons stockpile of the United States Section 498 of title 10, United States Code, is amended— (1) by striking subsection (a) and inserting the following new subsection (a): (a) In general Other than pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution of the United States, if the President has under consideration to unilaterally change the size of the total stockpile of nuclear weapons of the United States, or the total number of deployed nuclear weapons (as defined under the New START Treaty), by more than 15 percent, prior to doing so the President shall initiate a Nuclear Posture Review. ; (2) in subsection (c), by striking in the nuclear weapons stockpile by more than 25 percent and inserting described in subsection (a) ; (3) in subsection (d), by striking treaty obligations and inserting obligations pursuant to a treaty to which the Senate has provided advice and consent pursuant to section 2 of article II of the Constitution ; and (4) by adding at the end the following: (f) New START Treaty defined In this section, the term New START Treaty means the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011. . 1534. Deadline for reports on modification of force structure for strategic nuclear weapons delivery systems Section 493 of title 10, United States Code, is amended in the first sentence by inserting after report on the modification the following: not less than 180 days before the intended effective date of the modification . 1535. Modification of deadline for notifications relating to reduction, consolidation, or withdrawal of nuclear forces based in Europe Section 497(b) of title 10, United States Code, is amended by striking 60 days and inserting 120 days . 1536. Congressional Commission on the Strategic Posture of the United States (a) Establishment There is established in the legislative branch a commission to be known as the Congressional Commission on the Strategic Posture of the United States (in this section referred to as the Commission ). The purpose of the Commission is to examine and make recommendations to the President and Congress with respect to the long-term strategic posture of the United States. (b) Composition (1) Membership The Commission shall be composed of 12 members appointed as follows: (A) Three by the chairperson of the Committee on Armed Services of the Senate. (B) Three by the ranking minority member of the Committee on Armed Services of the Senate. (C) Three by the chairperson of the Committee on Armed Services of the House of Representatives. (D) Three by the ranking minority member of the Committee on Armed Services of the House of Representatives. (2) Qualifications (A) In general In making appointments under paragraph (1), the chairpersons and ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall select members from among individuals who— (i) are United States citizens; (ii) are not officers or employees of the Federal Government or any State or local government; and (iii) have received national recognition and have significant depth of experience in such professions as governmental service, law enforcement, the Armed Forces, law, public administration, intelligence gathering, commerce (including aviation matters), or foreign affairs. (B) Political party affiliation Not more than 6 members of the Commission may be appointed from the same political party. (3) Deadline for appointment (A) In general All members of the Commission shall be appointed under paragraph (1) not later than 45 days after the date of the enactment of this Act. (B) Effect of lack of appointments by appointment date If one or more appointments under paragraph (1) is not made by the date specified in subparagraph (A)— (i) the authority to make such appointment or appointments shall expire; and (ii) the number of members of the Commission shall be reduced by the number of appointments not made by that date. (4) Chairperson; vice chairperson (A) Chairperson The chairpersons of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as chairperson of the Commission. (B) Vice chairperson The ranking minority members of the Committees on Armed Services of the Senate and the House of Representatives shall jointly designate one member of the Commission to serve as vice chairperson of the Commission. (5) Activation (A) In general The Commission— (i) may begin operations under this section on the date on which not less than 2/3 of the members of the Commission have been appointed under paragraph (1); and (ii) shall meet and begin the operations of the Commission as soon as practicable after the date described in clause (i). (B) Subsequent meetings After its initial meeting, the Commission shall meet upon the call of the chairperson or a majority of its members. (6) Quorum Eight members of the Commission shall constitute a quorum. (7) Period of appointment; vacancies Members of the Commission shall be appointed for the life of the Commission. A vacancy in the Commission does not affect the powers of the Commission and shall (except as provided by paragraph (3)(B)) be filled in the same manner in which the original appointment was made. (8) Removal of members (A) In general A member of the Commission may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of the member under paragraph (1), provided that notice is first provided to that official of the cause for removal, and removal is voted and agreed upon by ¾ of the members of the Commission. (B) Vacancies A vacancy created by the removal of a member of the Commission under subparagraph (A) does not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) Duties (1) Review The Commission shall conduct a review of the strategic posture of the United States, including a strategic threat assessment and a detailed review of nuclear weapons policy, strategy, and force structure and factors affecting the strategic stability of near-peer competitors of the United States. (2) Assessment and recommendations (A) Assessment The Commission shall assess— (i) the benefits and risks associated with the current strategic posture and nuclear weapons policies of the United States; (ii) factors affecting strategic stability that relate to the strategic posture; and (iii) lessons learned from the findings and conclusions of the Congressional Commission on the Strategic Posture of the United States established by section 1062 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 319) and other previous commissions and previous Nuclear Posture Reviews. (B) Recommendations The Commission shall make recommendations with respect to— (i) the most appropriate strategic posture; (ii) the extent to which capabilities other than nuclear weapons can contribute to or detract from strategic stability; and (iii) the most effective nuclear weapons strategy for strategic posture and stability. (d) Report and briefing required (1) In general Not later than December 31, 2022, the Commission shall submit to the President and the Committees on Armed Services of the Senate and the House of Representatives a report on the Commission’s findings, conclusions, and recommendations. (2) Elements The report required by paragraph (1) shall include— (A) the recommendations required by subsection (c)(2)(B); (B) a description of the military capabilities and force structure necessary to support the nuclear weapons strategy recommended under that subsection, including nuclear, nonnuclear kinetic, and nonkinetic capabilities that might support the strategy, and other factors that might affect strategic stability; (C) a description of the nuclear infrastructure (that is, the size of the nuclear complex) required to support the strategy and the appropriate organizational structure for the nuclear security enterprise; (D) an assessment of the role of missile defenses in the strategy; (E) an assessment of the role of cyber defense capabilities in the strategy; (F) an assessment of the role of space systems in the strategy; (G) an assessment of the role of nonproliferation programs in the strategy; (H) an assessment of the role of nuclear arms control in the strategy; (I) an assessment of the political and military implications of the strategy for the United States and its allies; and (J) any other information or recommendations relating to the strategy (or to the strategic posture) that the Commission considers appropriate. (3) Interim briefing Not later than 180 days after the deadline for appointment of members of the Commission specified in subsection (b)(3)(A), the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review, assessments, and recommendations required by subsection (c), including a discussion of any interim recommendations. (e) Information from Federal agencies (1) In general The Commission may secure directly from the Department of Defense, the National Nuclear Security Administration, the Department of State, or the Office of the Director of National Intelligence information, suggestions, estimates, and statistics for the purposes of this section. Each of such agency shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon receiving a request made by— (A) the chairperson of the Commission; (B) the chairperson of any subcommittee of the Commission created by a majority of members of the Commission; or (C) any member of the Commission designated by a majority of the Commission for purposes of making requests under this paragraph. (2) Receipt, handling, storage, and dissemination Information, suggestions, estimates, and statistics provided to the Commission under paragraph (1) may be received, handled, stored, and disseminated only by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (f) Assistance from Federal agencies In addition to information, suggestions, estimates, and statistics provided under subsection (e), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as those departments and agencies may determine advisable and as may be authorized by law. (g) Compensation and travel expenses (1) Status as Federal employees Notwithstanding the requirements of section 2105 of title 5, United States Code, including the requirements relating to supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees. (2) Compensation Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (3) Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. (h) Staff (1) Executive director The Commission shall appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161(d) of title 5, United States Code. (2) Pay The Executive Director appointed under paragraph (1) may, with the approval of the Commission, appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161(d) of title 5, United States Code. (i) Personal services (1) Authority to procure The Commission may— (A) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with the provisions of section 3109 of title 5, United States Code; and (B) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence, while such individuals are traveling from their homes or places of business to duty stations. (2) Maximum daily pay rates The daily rate paid an expert or consultant procured pursuant to paragraph (1) may not exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (j) Contracting authority The Commission may acquire administrative supplies and equipment for Commission use to the extent funds are available. (k) Authority to accept gifts (1) In general The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money. (2) Documentation; conflicts of interest The Commission shall document gifts accepted under the authority provided by paragraph (1) and shall avoid conflicts of interest or the appearance of conflicts of interest. (3) Compliance with congressional ethics rules Except as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively. (l) Postal services The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Commission support Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center to provide appropriate staff and administrative support for the activities of the Commission. (n) Expedition of security clearances The Office of Senate Security and the Office of House Security shall ensure the expedited processing of appropriate security clearances for personnel appointed to the Commission by offices of the Senate and the House of Representatives, respectively, under processes developed for the clearance of legislative branch employees. (o) Legislative advisory committee The Commission shall operate as a legislative advisory committee and shall not be subject to the provisions of the Federal Advisory Committee Act (5 U.S.C. App) or section 552b, United States Code (commonly known as the Government in the Sunshine Act ). (p) Funding Of the amounts authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense, up to $7,000,000 shall be made available to the Commission to carry out its duties under this section. Funds made available to the Commission under the preceding sentence shall remain available until expended. (q) Termination (1) In general The Commission, and all authorities under this section, shall terminate on the date that is 90 days after the Commission submits the final report required by subsection (d). (2) Administrative actions before termination The Commission may use the 90-day period described in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress with respect to and disseminating the report required by subsection (d). 1537. Revised nuclear posture review (a) Requirement for comprehensive review In order to clarify United States nuclear deterrence policy and strategy for the near term, the Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Vice Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years. The Secretary shall conduct the review in consultation with the Secretary of Energy, the Secretary of State, and the Director of National Intelligence. (b) Elements of review The nuclear posture review shall include the following elements: (1) An assessment of the current and projected nuclear capabilities of the Russian Federation and the People's Republic of China, and such other potential threats as the Secretary considers appropriate to include. (2) The role of nuclear forces in United States military strategy, planning, and programming. (3) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture. (4) The relationship among United States nuclear deterrence policy, targeting strategy, and arms control objectives. (5) The role that missile defenses, conventional strike forces, and other capabilities play in determining the role and size of nuclear forces. (6) The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including ongoing plans for replacing existing systems. (7) The nuclear weapons complex that will be required for implementing the United States national and military strategy, including ongoing plans to modernize the complex. (8) The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including ongoing plans for replacing or modifying warheads. (c) Report to congress The Secretary of Defense shall submit to Congress, in unclassified and classified forms as necessary, a report on the results of the nuclear posture review conducted under this section. The report shall be submitted concurrently with the national defense strategy required to be submitted under section 113(g) of title 10, United States Code, in 2022. 1538. Ground-based strategic deterrent development program accountability matrices (a) In general Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the ground-based strategic deterrent weapon system. (b) Matrices described The matrices described in this subsection are the following: (1) Engineering and manufacturing development goals A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the engineering and manufacturing development phase of the ground-based strategic deterrent weapon system, which shall be subdivided, at a minimum, according to the following: (A) Technology maturity, including technology readiness levels of major components and key demonstration events leading to technology readiness level 7 full maturity. (B) Design maturity for the missile, weapon system command and control, and ground systems. (C) Software maturity, including key events and metrics. (D) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (E) The schedule with respect to the following: (i) Ground-based strategic deterrent weapon system level critical path events and margins. (ii) Separate individual critical path events and margins for each of the following major events: (I) First flight. (II) First functional test. (III) Weapon system qualification. (IV) Combined certifications. (V) Operational weapon system article. (VI) Initial operational capability. (VII) Wing A completion. (F) Personnel, including planned and actual staffing for the program office and for contractor and supporting organizations, including for testing, nuclear certification, and civil engineering by the Air Force. (G) Reliability, including growth plans and key milestones. (2) Cost (A) In general The following matrices relating to the cost of the ground-based strategic deterrent weapon system: (i) A matrix expressing, in six-month increments, the total cost for the engineering and manufacturing development phase and low rate initial production lots of the ground-based strategic deterrent weapon system. (ii) A matrix expressing the total cost for the prime contractor's estimate for the engineering and manufacturing development phase and production lots. (B) Phasing and subdivision of matrices The matrices described in clauses (i) and (ii) of subparagraph (A) shall be— (i) phased over the entire engineering and manufacturing development period; and (ii) subdivided according to the costs of the primary subsystems in the ground-based strategic deterrent weapon system work breakdown structure. (c) Semi-annual updates of matrices Not later than 180 days after the date on which the Secretary submits the matrices described in subsection (b) for a year as required by subsection (a), the Secretary shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (d) Treatment of the first matrices as baseline (1) In general The first set of matrices submitted under subsection (a) shall be treated as the baseline for the full engineering and manufacturing development phase and low rate initial production of the ground-based strategic deterrent weapon system program for purposes of updates submitted under subsection (c) and subsequent matrices submitted under subsection (a). (2) Elements After the submission of the first set of matrices required by subsection (a), each update submitted under subsection (c) and each subsequent set of matrices submitted under subsection (a) shall— (A) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices; and (B) provide updated cost estimates. (e) Assessment by Comptroller General of the United States Not later than 60 days after receiving the matrices described in subsection (b) for a year as required by subsection (a), the Comptroller General shall assess the acquisition progress made with respect to the ground-based strategic deterrent weapon system and brief the congressional defense committees on the results of that assessment. (f) Termination The requirements of this section shall terminate on the date that is one year after the ground-based strategic deterrent weapon system achieves initial operational capability. 1539. Procurement authority for certain parts of ground-based strategic deterrent cryptographic device (a) In general The Secretary of the Air Force may enter into contracts for the life-of-type procurement of covered parts supporting the KS–75 cryptographic device under the ground-based strategic deterrent program. (b) Availability of funds Notwithstanding section 1502(a) of title 31, United States Code, of the amount authorized to be appropriated for fiscal year 2022 by section 101 and available for Missile Procurement, Air Force, as specified in the funding table in section 4101, $10,000,000 shall be available for the procurement of covered parts pursuant to contracts entered into under subsection (a). (c) Covered parts defined In this section, the term covered parts means commercially available off-the-shelf items as defined in section 104 of title 41, United States Code. 1540. Mission-design series popular name for ground-based strategic deterrent (a) Requirement Not later than 30 days after the date of the enactment of this Act, the Secretary of the Air Force, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall establish a mission-design series popular name for the ground-based strategic deterrent, consistent with the procedures set forth in Department of Defense Directive 4120.15 (relating to designating and naming military aerospace vehicles). (b) Notification Not later than 10 days after completing the requirement under subsection (a), the Secretary of the Air Force shall notify the congressional defense committees of the completion of the requirement. 1541. B–21 Raider nuclear capability and integration with long-range standoff weapon Not later than two years after declaration of initial operational capability for the long-range standoff weapon, the Secretary of the Air Force shall ensure that— (1) all integration activities with the B–21 Raider are completed; and (2) the B–21 Raider will be operationally capable of employing the long-range standoff weapon across all required mission scenarios. 1542. Comptroller General study and updated report on nuclear weapons capabilities and force structure requirements (a) Comptroller General study required The Comptroller General of the United States shall conduct a study on the strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements of the Department of Defense. (b) Matters covered The study conducted under subsection (a) shall, at minimum, consist of an update to the report of the Comptroller General entitled Strategic Weapons: Changes in the Nuclear Weapons Targeting Process Since 1991 (GAO–12–786R) and dated July 31, 2012, including covering any changes to— (1) how the Department of Defense has assessed threats and modified its nuclear deterrence policy; (2) targeting and employment guidance from the President, the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Strategic Command; (3) nuclear weapons planning and targeting, including categories and types of targets; (4) strategic nuclear forces, including the stockpile, force posture, and modernization; (5) the level of civilian oversight; (6) the relationship between targeting and requirements; and (7) any other matters considered appropriate by the Comptroller General. (c) Reporting (1) Briefing on preliminary findings Not later than March 31, 2022, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under subsection (a). (2) Final report The Comptroller General shall submit to the congressional defense committees a final report on the findings of the study conducted under subsection (a) at a time agreed to by the Comptroller General and the congressional defense committees at the briefing required by paragraph (1). (3) Form The briefing required by paragraph (1) may be provided, and the report required by paragraph (2) may be submitted, in classified form. (d) Cooperation The Secretary of Defense and the Secretary of Energy shall provide the Comptroller General with full cooperation and access to appropriate officials, guidance, and documentation for the purposes of conducting the study required by subsection (a). 1543. Prohibition on reduction of the intercontinental ballistic missiles of the United States (a) Prohibition Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2022 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following: (1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States. (2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United State to a number less than 400. (b) Exception The prohibition in subsection (a) shall not apply to the following activities: (1) The maintenance, sustainment, or replacement of intercontinental ballistic missiles. (2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles. 1544. Limitation on use of funds until completion of analysis of alternatives for nuclear sea-launched cruise missile (a) In general Not more than 90 percent of the funds authorized to be appropriated by this Act for fiscal year 2022 to the Office of the Under Secretary of Defense for Policy, for the purposes of operating the Office of the Assistant Secretary of Defense for Strategy, Plans, and Capabilities, may be obligated or expended until the Under Secretary provides a briefing to the congressional defense committees on— (1) the results of the analysis of alternatives for the nuclear sea-launched cruise missile; and (2) the analysis of the Director of Cost Assessment and Program Evaluation of the adequacy of that analysis of alternatives, conducted pursuant to section 139a(d)(4) of title 10, United States Code. (b) Report required Not later than April 1, 2022, the Chairman of the Nuclear Weapons Council, in coordination with the Secretary of the Navy and the Administrator for Nuclear Security, shall provide a briefing to the congressional defense committees on the planned management structure for the joint missile and warhead development program. 1545. Sense of the Senate on NATO security and nuclear cooperation between the United States and the United Kingdom It is the sense of the Senate that— (1) the United States strategic nuclear deterrent, and the independent strategic nuclear deterrents of the United Kingdom and the French Republic, are the supreme guarantee of the security of the North Atlantic Treaty Organization (commonly referred to as NATO ) and continue to underwrite peace and security for all members of the NATO alliance; (2) the security of the NATO alliance also relies upon nuclear sharing arrangements that predate, and are fully consistent with, the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1960 (commonly referred to as the Nuclear Non-Proliferation Treaty ); (3) such arrangements provide for the forward deployment of United States nuclear weapons in Europe, along with the supporting capabilities, infrastructure, and dual-capable aircraft dedicated to the delivery of United States nuclear weapons, provided by European NATO allies; (4) in parallel to the independent commitments of the United States and the United Kingdom to the enduring security of NATO, the nuclear programs of the United States and the United Kingdom have enjoyed significant collaborative benefits as a result of the cooperative relationship formalized in the Agreement for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes, signed at Washington July 3, 1958, and entered into force August 4, 1958, between the United States and the United Kingdom (commonly referred to as the Mutual Defense Agreement ); (5) the unique partnership between the United States and the United Kingdom has enhanced sovereign military and scientific capabilities, strengthened bilateral ties, and resulted in the sharing of costs; (6) as the international security environment deteriorates and potential adversaries expand and enhance their nuclear forces, the extended deterrence commitments of the United Kingdom play an increasingly important role in supporting the security interests of the United States and allies of the United States and the United Kingdom; (7) additionally, the extension of the nuclear deterrence commitments of the United Kingdom to members of the NATO alliance strengthens collective security while reducing the burden placed on United States nuclear forces to deter potential adversaries and assure allies of the United States; (8) it is in the national security interest of the United States to support the United Kingdom with respect to the decision of the Government of the United Kingdom to maintain its nuclear forces to deter countries that are significantly increasing and diversifying their nuclear arsenals and investing in novel nuclear technologies and developing new warfighting nuclear systems that could threaten NATO allies, as outlined in the March 2021 report of the Government of the United Kingdom entitled, Global Britain in a Competitive Age: The Integrated Review of Security, Defence, Development and Foreign Policy ; (9) as the United States continues to modernize its aging nuclear forces to ensure its ability to continue to field a nuclear deterrent that is safe, secure, and effective, the United Kingdom faces a similar challenge; (10) bilateral cooperation on such programs as the Trident II D5 weapons system, the common missile compartment for the future Dreadnought and Columbia classes of submarines, and the parallel development of the W93/Mk7 warhead of the United States and the replacement warhead of the United Kingdom, will allow the United States and the United Kingdom to responsibly address challenges within their legacy nuclear forces in a cost-effective manner that— (A) meets national requirements and preserves independent, sovereign control; (B) is consistent with each country’s obligations under the Nuclear Non-Proliferation Treaty; and (C) supports nonproliferation objectives; and (11) continued cooperation between the nuclear programs of United States and the United Kingdom is essential to ensuring that the NATO alliance continues to be supported by credible nuclear forces capable of preserving peace, preventing coercion, and deterring aggression. 1546. Sense of the Senate on maintaining diversity in the nuclear weapons stockpile (a) Sense of the senate It is the sense of the Senate that— (1) in order to ensure adequate confidence in the functionality of the United States nuclear weapons stockpile, the National Nuclear Security Administration must maintain sufficient diversity in the designs and types of nuclear weapons it makes available to the Department of Defense; (2) the Department of Defense should leverage that diversity to field a force with an appropriate mix of capabilities and technological distinctiveness to ensure that the United States nuclear deterrent remains capable of meeting military requirements, even during the unlikely event of a technical issue that renders one particular type of nuclear weapon temporarily or permanently unsuitable for deployment; and (3) accordingly, it is in the national security interest of the United States to maintain no fewer than two distinct types of deployed nuclear weapons per leg of the nuclear triad in order to ensure that no potential adversary, nor United States ally, doubts the continuing effectiveness of the United States nuclear deterrent. (b) Definitions In this section: (1) Types of nuclear weapons The term type , with respect to nuclear weapons, means a unique configuration of nuclear explosive packages contained within a warhead or gravity bomb assembly. (2) Nuclear triad The term nuclear triad means the combination of platforms and delivery systems that comprise the strategic nuclear forces of the United States, organized by domain (known as a leg ), and consists of the following: (A) For the land leg, LGM–30G Minuteman III intercontinental ballistic missiles, any associated reentry vehicles, and the planned replacement systems for such missiles and vehicles. (B) For the sea leg, Ohio class fleet ballistic missile submarines, UGM–133 Trident II submarine-launched ballistic missiles, any associated reentry vehicles, and the planned replacement systems for such submarines, missiles, and vehicles. (C) For the air leg, B–52H Stratofortress long-range heavy bombers, B–2A Spirit stealth bombers, AGM–86B air-launched cruise missiles, and the planned replacement systems for such bombers and missiles. 1547. Sense of the Senate on ground-based strategic deterrent (a) Findings Congress makes the following findings: (1) The Minuteman III intercontinental ballistic missile in service as of the date of the enactment of this Act was first deployed in 1970, with a planned 10-year service life. (2) The Minuteman III force will begin experiencing attrition and age-related component degradation, resulting in the number of available intercontinental ballistic missiles falling below military requirement levels in the late 2020s. (3) In a 2014 analysis of alternatives, the Air Force concluded that replacing the Minuteman III missile would provide necessary capabilities at lower cost when compared with extending the service life of the Minuteman III missile. (4) The Director of Cost Assessment and Program Evaluation of the Department of Defense reviewed and validated the Air Force’s 2014 analysis of alternatives, stating, We recommend moving expeditiously to a Milestone A decision to ensure the timely fielding of the future capability. Additionally, prompt action would demonstrate Air Force and DOD commitment to the following: the nuclear mission to the Airmen serving in the field; our allies relying on our umbrella nuclear deterrent coverage; the American public who has been following recent news reports; and the world at large. . (5) In February, 2015, President Barack Obama’s budget requested $75,166,000 for a new program of record to develop a replacement for the Minuteman III intercontinental ballistic missile, named the ground-based strategic deterrent. (6) In connection with the decision to begin the ground-based strategic deterrent program in 2015, the Department of Defense did not undertake new engineering and production efforts for components necessary to conduct a long-term life extension of the current Minuteman system. (7) General Timothy Ray, former Commander of Air Force Global Strike Command, testified before the Subcommittee on Strategic Forces of the Committee on Armed Services of the Senate on May 12, 2021, that the most recent cost estimate indicates that attempting a long-term life extension of the Minuteman III system would— (A) cost $38,000,000,000 more than the ground-based strategic deterrent program; (B) deliver a less-capable, less-secure, less-sustainable system; and (C) be unable to deliver life-extended systems in time to offset age-related erosion of the Minuteman fleet, resulting in a significant gap, in [intercontinental ballistic missile] capability . (8) Since 2015, and during multiple presidential administrations, Congress has authorized and appropriated more than $2,800,000,000 to develop the ground-based strategic deterrent. (9) The ground-based strategic deterrent program has been shown to be a cost-effective solution to maintain the land-based leg of the nuclear triad. (10) The ground-based strategic deterrent program has been leading the efforts of the Department of Air Force at digital engineering able to run millions of scenarios on the most cost-effective design and government-owned baseline. (11) The ground-based strategic deterrent will provide the United States with a modern, reliable system capable of meeting emergent challenges while lowering sustainment costs and also improving safety and security. (12) The Air Force’s comprehensive approach to the ground-based strategic deterrent will also address aging infrastructure and modernize nuclear command and control capabilities associated with the intercontinental ballistic missile fleet, much of which remains predominantly unchanged since the 1960s. (13) The marked erosion of global security conditions and continued increase in the quantity and quality of foreign nuclear arsenals reinforces the need to modernize the United States nuclear deterrent, including the land-based leg of the nuclear triad. (b) Sense of the Senate It is the sense of the Senate that— (1) intercontinental ballistic missiles are a critical component of the United States nuclear deterrent, providing the ability to hedge between legs of the nuclear triad in the case of a component-wide failure in another leg; (2) the continued development of the ground-based strategic deterrent system, and its eventual replacement of the Minuteman III intercontinental ballistic missile, is needed to maintain an effective intercontinental ballistic missile capability into the future; (3) ensuring the continued effectiveness of the United States nuclear deterrent through modernization programs such as the ground-based strategic deterrent may also increase opportunities for effective arms control in the future by enhancing the confidence of the United States in the sustainability and effectiveness of each leg of the triad, once replaced with modern equivalents; and (4) it is in the national security interests of the United States that the Department of Defense prioritize an effective and cost-efficient execution of the ground-based strategic deterrent program before the retirement of the Minuteman III intercontinental ballistic missile in the mid-2030s. D Missile defense programs 1551. Authority to develop and deploy Next Generation Interceptor for missile defense of the United States homeland (a) Authority Subject to the availability of appropriations, the Director of the Missile Defense Agency may develop a highly reliable interceptor with volume-kill capabilities for the Ground-based Midcourse Defense system using sound acquisition practices, as outlined in the Government Accountability Office report, Observations on Ground-based Midcourse Defense Acquisitions Challenges and Potential Contract Strategy Changes (GAO–21–135R), including— (1) emphasizing the use of high technology readiness level components and software across the system to reduce program risk; (2) conducting critical parts testing of the Next Generation Interceptor prior to the preliminary design review in order to maximize reliability, producibility, and manufacturability; (3) commencing rigorous flight testing of the Next Generation Interceptor when essential components reach a technology readiness level of seven or higher; (4) completing at least two successful intercept flight tests before starting the first lot of production of the Next Generation Interceptor; and (5) to the maximum extent practicable, promoting industrial base competition via the use of multiple vendors through the Next Generation Interceptor program’s critical design review to maximize government return on investment. (b) Plan If the Director exercises the authority provided by subsection (a), the Director shall develop a funding plan that includes funding lines across the future years defense program for the Next Generation Interceptor that— (1) produces and begins deployment of the Next Generation Interceptor as early as practicable after the date on which the Director completes carrying out the acquisition practices described in subsection (a); (2) includes acquiring at least 20 operational Next Generation Interceptors to fill silos currently empty in the ground-based interceptor inventory; and (3) includes transition plans to replace the current inventory of silo-based boosters with follow-on systems prior to the end of their useful lifecycle. (c) Report on funding profile The Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2023 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the funding profile necessary for the Next Generation Interceptor program to exercise the authority provided by subsection (a). (d) Congressional notification of cancellation requirement (1) In general Not later than 30 days prior to any final decision to cancel the Next Generation Interceptor program, the Director shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of such decision. (2) Elements A briefing under paragraph (1) shall include the following: (A) A justification for the cancellation decision. (B) An analysis of the national security risk being accepted due to the cancellation decision. 1552. Annual reliability testing for the Next Generation Interceptor (a) Annual flight tests required The Director of the Missile Defense Agency shall— (1) ensure that the Next Generation Interceptor program establishes a process for conducting annual flight tests to evaluate the reliability of the system after the system reaches initial operational capability; and (2) ensure that such annual reliability testing begins not more than five years after declaration of initial operational capability for the Next Generation Interceptor. (b) Report Not later than the date of approval for the Next Generation Interceptor program to enter the production phase of its acquisition process, the Director of the Missile Defense Agency shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report outlining estimated annual costs for conducting annual, operationally relevant flight testing to evaluate the reliability of the system developed under such program, including associated production costs for procuring sufficient flight systems to support such testing for the projected life of the system. (c) Waiver (1) In general The Secretary of Defense may, on an annual basis, waive the testing requirement in subsection (a), if the Secretary determines that the conduct of such a test in a given year will have an unacceptably adverse effect on the operational readiness of the Ballistic Missile Defense System. (2) Notice If, pursuant to paragraph (1), the Secretary waives the requirement in subsection (a), the Secretary shall, not later than August 1 of each fiscal year in which a test required by subsection (a) will not occur, submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a notice, in writing, of such waiver. 1553. Next Generation Interceptor development program accountability matrices (a) In general Concurrent with the submission to Congress of the budget of the President for fiscal year 2023 and each fiscal year thereafter pursuant to section 1105(a) of title 31, United States Code, the Director of the Missile Defense Agency shall submit to the congressional defense committees and the Comptroller General of the United States the matrices described in subsection (b) relating to the Next Generation Interceptor weapon system. (b) Matrices described The matrices described in this subsection are the following: (1) Technology and product development goals A matrix that identifies, in six-month increments, key milestones, development events, and specific performance goals for the technology development phase and product development phase of the Next Generation Interceptor weapon system, which shall be subdivided, at a minimum, according to the following: (A) Technology maturity, including technology readiness levels of major interceptor components and key demonstration events leading to full maturity. (B) Design maturity, including key events and metrics, at the interceptor all up round level and subsystem level and for the ground system. (C) Parts testing, including key events and metrics for vetting parts and components through a parts, materials, and processes mission assurance plan. (D) Software maturity, including key events and metrics, at the all up round level and subsystem level for the interceptor and for the ground system. (E) Manufacturing maturity, including manufacturing readiness levels for critical manufacturing operations and key demonstration events. (F) Schedule, with respect to key program milestones, critical path events, and margins. (G) Reliability, including growth plans and key milestones. (H) Testing and cybersecurity, including developmental and operational ground and flight test planning, execution, and evaluation. (I) Any other technology and product development goals the Director determines to be appropriate. (2) Cost (A) In general The following matrices relating to the cost of the Next Generation Interceptor weapon system: (i) A matrix expressing, in six-month increments, the total cost for the technology development, product development, and initial production phases. (ii) A matrix expressing the total cost for each of the contractors’ estimates for the technology development, product development, and initial production phases. (B) Phasing and subdivision of matrices The matrices described in clauses (i) and (ii) of subparagraph (A) shall be— (i) phased over the entire technology development, product development, and initial production phases; and (ii) subdivided according to the costs of the primary subsystems in the next Generation Interceptor weapon system work breakdown structure. (3) Stakeholder and independent reviews A matrix that identifies, in six-month increments, plans and status for coordinating products and obtaining independent reviews for the Next Generation Interceptor weapon system, which shall be grouped by development phase and subdivided according to the following: (A) Performance requirements, including— (i) coordinating, updating, and obtaining approval of the top-level requirements document; and (ii) coordinating system level performance attributes with the Commander of United States Strategic Command. (B) Intelligence inputs, processes, and products, including— (i) coordinating, updating, and validating the homeland ballistic missile defense validated online lifecycle threat with the Director of the Defense Intelligence Agency; and (ii) coordinating and obtaining approval of a lifecycle mission data plan. (C) Independent assessments, including obtaining an initial and updated— (i) independent technical risk assessment; (ii) independent cost estimate; and (iii) capability and utility assessment. (D) Models and simulations, including— (i) obtaining accreditation of interceptor models and simulations at both the all up round level and subsystem level from the Ballistic Missile Defense Operational Test Agency; (ii) obtaining certification of threat models used for interceptor ground test from the Ballistic Missile Defense Operational Test Agency; and (iii) obtaining accreditation from the Director of the Defense Intelligence Agency on all threat models, simulations, and associated data used to support interceptor development. (E) Capability transfer, including establishment of a hybrid program office, lead military department designation, and transfer agreement. (F) Sustainability and obsolescence, including coordinating and obtaining approval of a lifecycle sustainment plan. (G) Cybersecurity, including coordinating and obtaining approval of a cybersecurity strategy. (c) Form The matrices submitted under subsection (b) shall be in unclassified form, but may contain a classified annex. (d) Semiannual updates of matrices Not later than 180 days after the date on which the Director submits the matrices described in subsection (b) for a year as required by subsection (a), the Director shall submit to the congressional defense committees and the Comptroller General updates to the matrices. (e) Treatment of the first matrices as baseline (1) In general The first set of matrices submitted under subsection (a) shall be treated as the baseline for the full technology development, product development, and initial production phases of the Next Generation Interceptor weapon system program for purposes of updates submitted under subsection (d) and subsequent matrices submitted under subsection (a). (2) Elements After the submission of the first set of matrices required by subsection (a), each update submitted under subsection (d) and each subsequent set of matrices submitted under subsection (a) shall— (A) clearly identify changes in key milestones, development events, and specific performance goals identified in the first set of matrices under subsection (b)(1); (B) provide updated cost estimates under subsection (b)(2); and (C) provide updated plans and status under subsection (b)(3). (f) Assessment by Comptroller General of the United States Not later than 60 days after receiving the matrices described in subsection (b) for a year as required by subsection (a), the Comptroller General shall assess the acquisition progress made with respect to the Next Generation Interceptor weapon system and brief the congressional defense committees on the results of that assessment. (g) Termination The requirements of this section shall terminate on the date that is one year after the Next Generation Interceptor weapon system achieves initial production. 1554. Extension of period for transition of ballistic missile defense programs to military departments Section 1676(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 10 U.S.C. 2431 note) is amended by striking the date on which the budget of the President for fiscal year 2021 is submitted under section 1105 of title 31, United States Code, and inserting, October 1, 2023 . 1555. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production (a) Iron Dome short-range rocket defense system (1) Availability of funds Of the funds authorized to be appropriated by this Act for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $108,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States. (2) Conditions (A) Agreement Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors. (B) Certification Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement; (ii) an assessment detailing any risks relating to the implementation of such agreement; and (iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended. (b) Israeli cooperative missile defense program, David's Sling Weapon System co-production (1) In general Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $30,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry. (2) Agreement Provision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including— (A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and (B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent. (3) Certification and assessment The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees— (A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and (B) an assessment detailing any risks relating to the implementation of such agreement. (c) Israeli cooperative missile defense program, Arrow 3 Upper Tier Interceptor Program co-production (1) In general Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2022 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $62,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry. (2) Certification The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that— (A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program; (B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); (C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds— (i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production; (ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel; (iii) technical milestones for co-production of parts and components and procurement; (iv) a joint affordability working group to consider cost reduction initiatives; and (v) joint approval processes for third-party sales; and (D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent. (d) Number In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit— (1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or (2) separate certifications for each respective system. (e) Timing The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the following: (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 1556. Semiannual updates on meetings held by the Missile Defense Executive Board (a) Semiannual updates Not later than March 1 and September 1 of each year, the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment, acting in their capacities as co-chairmen of the Missile Defense Executive Board pursuant to section 1681(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 2162), shall provide to the congressional defense committees a semiannual update including, with respect to the six-month period preceding the update— (1) the dates on which the Board met; and (2) except as provided by subsection (b), a summary of any decisions made by the Board at each meeting of the Board and the rationale for and options that informed such decisions. (b) Exception for certain budgetary matters The co-chairmen shall not be required to include in a semiannual update under subsection (a) the matters described in paragraph (2) of such subsection with respect to decisions of the Board relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31, United States Code, as of the date of the semiannual update. (c) Form of update The co-chairmen may provide a semiannual update under subsection (a) either in the form of a briefing or a written report. 1557. Independent study of Department of Defense components’ roles and responsibilities relating to missile defense (a) Independent study and report (1) Contract Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with the National Academy of Public Administration (in this section referred to as the Academy ) for the Academy to perform the services covered by this subsection. (2) Study and report (A) Under an agreement between the Secretary and the Academy under this subsection, the Academy shall carry out an study regarding the roles and responsibilities of the various components of the Department of Defense as they pertain to missile defense. (B) The study required by subparagraph (A) shall include the following: (i) A comprehensive assessment and analysis of existing Department component roles and responsibilities for the full range of missile defense activities, including establishment of requirements, research and development, system acquisition, and operations. (ii) Identification of gaps in component capability of each applicability component for performing its assigned missile defense roles and responsibilities. (iii) Identification of opportunities for deconflicting mission sets, eliminating areas of unnecessary duplication, reducing waste, and improving efficiency across the full range of missile defense activities. (iv) Development of a timetable for the implementation of the opportunities identified under clause (iii). (v) Development of recommendations for such legislative or administrative action as the Academy considers appropriate pursuant to carrying out clauses (i) through (iv). (vi) Such other matters as the Secretary may require. (C) (i) Not later than one year after the date on which the Secretary and the Academy enter into a contract under paragraph (1), the Academy shall submit to the Secretary and the congressional defense committees a report on the study conducted under subparagraph (A) of this paragraph. (ii) The report submitted under clause (i) shall include the findings of the Academy with respect to the study carried out under subparagraph (A) and any recommendations the Academy may have for legislative or administrative action pursuant to such study. (3) Alternate contract organization (A) If the Secretary is unable within the time period prescribed in paragraph (1) to enter into an agreement described in such paragraph with the Academy on terms acceptable to the Secretary, the Secretary shall seek to enter into such an agreement with another appropriate organization that— (i) is not part of the Government; (ii) operates as a not-for-profit entity; and (iii) has expertise and objectivity comparable to that of the Academy. (B) If the Secretary enters into an agreement with another organization as described in subparagraph (A), any reference in this subsection to the Academy shall be treated as a reference to the other organization. (b) Report by Secretary of Defense Not later than 120 days after the date on which the report is submitted pursuant to subsection (a)(2)(C), the Secretary shall submit to the congressional defense committees a report on the views of the Secretary on the findings and recommendations set forth in the report submitted under such subsection, together with such recommendations as the Secretary may have for changes in the structure, functions, responsibilities, and authorities of the Department. XVI Cyberspace-related matters 1601. Matters concerning cyber personnel requirements (a) In general The Secretary of Defense shall— (1) determine the overall workforce requirement of the Department of Defense for cyber and information operation military personnel across the active and reserve components of the Armed Forces (other than the Coast Guard) and for civilian personnel, and in doing so shall— (A) consider personnel in positions securing the Department of Defense Information Network and associated enterprise information technology, defense agencies and field activities, and combatant commands, including current billets primarily associated with the information environment and cyberspace domain and projected future billets; (B) consider the mix between military and civilian personnel, active and reserve components, and the use of the National Guard; (C) develop a workforce development plan that covers accessions, training, and education; and (D) consider such other elements as the Secretary determines appropriate; (2) assess current and future general information warfare and cyber education curriculum and requirements for military and civilian personnel, including— (A) acquisition personnel; (B) accessions and recruits to the military services; (C) cadets and midshipmen at the military service academies and enrolled in the Senior Reserve Officers’ Training Corps; (D) information environment and cyberspace military and civilian personnel; and (E) non-information environment and cyberspace military and civilian personnel; (3) identify appropriate locations for information warfare and cyber education for military and civilian personnel, including— (A) the military service academies; (B) the educational institutions described in section 2151(b) of title 10, United States Code; (C) the Air Force Institute of Technology; (D) the National Defense University; (E) the Joint Special Operations University; (F) any other military educational institution of the Department specified by the Secretary for purposes of this section; (G) the Cyber Centers of Academic Excellence certified jointly by the National Security Agency and the Department of Homeland Security; and (H) potential future educational institutions of the Federal Government, including an assessment, in consultation with the Secretary of Homeland Security and the National Cyber Director, of the feasibility and advisability of a National Cyber Academy or similar institute created for the purpose of educating and training civilian and military personnel for service in cyber, information, and related fields throughout the Federal Government; and (4) determine— (A) whether the cyberspace domain and information warfare mission requires a graduate-level professional military education college on par with and distinct from the war colleges for the Army, Navy, and Air Force in effect on the day before the date of the enactment of this Act; (B) whether such a college should be joint; and (C) where it should be located. (b) Report required Not later than November 1, 2022, the Secretary shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing and, not later than Jan 1, 2023, the Secretary shall submit to such committees a report on— (1) the findings of the Secretary in carrying out subsection (a); (2) an implementation plan to achieve future information warfare and cyber education requirements at appropriate locations; (3) such recommendations as the Secretary may have for personnel needs in information warfare and the cyberspace domain; and (4) such legislative or administrative action as the Secretary identifies as necessary to effectively meet cyber personnel requirements. (c) Education defined The term education includes formal education requirements, such as degrees and certification in targeted subject areas, but also general training, including— (1) reskilling; (2) knowledge, skills, and abilities; and (3) nonacademic professional development. 1602. Cyber data management (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Principal Cyber Advisor to the Secretary of Defense, and the Chief Information Officer of the Department of Defense shall— (1) develop a strategy and plan to access and utilize data associated with the Department of Defense Information Network enterprise that can support offensive and defensive cyber operations from components of the Department other than the Cyber Mission Forces, such as the National Security Agency, counterintelligence components of the Department, and cybersecurity service providers; (2) develop processes or operating procedures governing the ingest, structuring, and storage of intelligence data, cyber threat information and Department of Defense Information Network sensor, tool, routing infrastructure, and endpoint data in Big Data Platform instances, relevant Cyber Operations Force systems, relevant United States Cyber Command commercial cloud enclaves, and other Department of Defense data lakes containing information pertinent to United States Cyber Command missions; and (3) develop a strategy for piloting efforts, development of operational workflows and tactics, techniques, and procedures for the operational use of mission data by the Cyber Operations Force. (b) Roles and responsibilities Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Principal Cyber Advisor to the Secretary, the Commander of United States Cyber Command, and the Secretaries of the military departments, shall establish the specific roles and responsibilities of the following in implementing each of the tasks required by subsection (a): (1) The United States Cyber Command. (2) Program offices responsible for the components of the Joint Cyber Warfighting Architecture. (3) The military services. (4) The Department of Defense Chief Information Officer and Chief Data Officer. (5) Any other program office, headquarters element, or operational component newly instantiated or deemed relevant by the Secretary. (c) Briefing Not later than 300 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the roles and responsibilities established under subsection (b). 1603. Assignment of certain budget control responsibilities to Commander of United States Cyber Command (a) Assignment of responsibilities (1) In general The Commander of United States Cyber Command shall, subject to the authority, direction, and control of the Principal Cyber Advisor of the Department of Defense, be responsible for directly controlling and managing the planning, programming, budgeting, and execution of the resources to train, equip, operate, and sustain the Cyber Mission Forces. (2) Effective date and applicability Paragraph (1) shall take effect on January 1, 2022, for control over budget execution, and shall apply with respect to planning, programming, budgeting, and execution of resources for fiscal year 2024 and each fiscal year thereafter. (b) Elements (1) In general The responsibilities assigned to the Commander by subsection (a)(1) shall include the following: (A) Preparation of a program objective memorandum and budget estimate submission for the resources required to train, equip, operate, and sustain the Cyber Mission Forces. (B) Preparation of budget materials pertaining to United States Cyber Command for inclusion in the budget justification materials that are submitted to Congress in support of the Department of Defense budget for a fiscal year (as submitted with the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code) that is separate from any other military service or component of the Department. (2) Responsibilities not delegated The responsibilities assigned to the Commander by subsection (a)(1) shall not include the following: (A) Military pay and allowances. (B) Funding for facility support that is provided by the military services. (c) Implementation plan (1) In general Not later than the date that is 30 days after the date of the enactment of this Act, the Comptroller of the Department of Defense and the Commander of United States Cyber Command, in coordination with Chief Information Officer of the Department, the Principal Cyber Advisor, the Under Secretary of Defense for Acquisition and Sustainment, Cost Assessment and Program Evaluation, and the Secretaries of the military departments, shall jointly develop an implementation plan for the transition of responsibilities assigned by subsection (a)(1). (2) Elements The implementation plan developed under paragraph (1) shall include the following: (A) A budgetary review to identify appropriate resources for transfer to the Commander of United States Cyber Command for carrying out responsibilities assigned by subsection (a)(1). (B) Definition of appropriate roles and responsibilities. (C) Specification of all program elements and subelements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each program element and subelement, for which the Commander of United States Cyber Command is responsible. (D) Specification of all program elements and subelements, and the training, equipment, Joint Cyber Warfighting Architecture capabilities, other enabling capabilities and infrastructure, intelligence support, operations, and sustainment investments in each program element and subelement, relevant to or that support the Cyber Mission Force for which the Secretaries of the military departments are responsible. (E) Required levels of civilian and military staffing within the United States Cyber Command to execute proper planning, programming, budgeting, and execution of the responsibilities assigned by subsection (a)(1), and an estimate of when such levels of staffing will be achieved. (d) Briefing (1) In general Not later than the earlier of the date on which the implementation plan required by subsection (c) is completed and the date that is 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on the implementation plan. (2) Elements The briefing required by paragraph (1) shall address any recommendations for when and how the Secretary of Defense should delegate to the Commander of United States Cyber Command budget authority for Cyber Operations Forces, as stated in section 167b(d)(2) of title 10, United States Code, after successful implementation of budget authority for the Cyber Mission Forces. 1604. Coordination between United States Cyber Command and private sector (a) Voluntary process Not later than January 1, 2023, the Commander of United States Cyber Command shall establish a voluntary process to engage with commercial information technology and cybersecurity companies to explore and develop methods and plans through which the capabilities, knowledge, and actions of— (1) companies operating inside the United States to defend against foreign malicious cyber actors could assist or be coordinated with the actions of Cyber Command operating outside the United States against the same foreign malicious cyber actors; and (2) Cyber Command operating outside the United States against foreign malicious cyber actors could assist or be coordinated with the actions of companies operating inside the United States against the same foreign malicious cyber actors. (b) Annual briefing (1) In general During the period beginning on March 1, 2022, and ending on March 1, 2026, the Commander shall, not less frequently than once each year, provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the status of activities conducted under subsection (a). (2) Elements Each briefing provided under paragraph (1) shall include the following: (A) Such recommendations for legislative or administrative action as the Commander considers appropriate to improve and facilitate the planning activities conducted under subsection (a). (B) Such recommendations as the Commander may have for increasing private sector participation in the planning activities conducted under subsection (a). (C) A description of the challenges encountered in carrying out subsection (a), including any concerns expressed to the Commander by private sector partners regarding participation in the planning activities under such subsection. (D) A description of any improvements resulting from the planning activities conducted in subsection (a). (E) Such other matters as the Commander considers appropriate. (c) Protection of trade secrets and proprietary information The Commander shall ensure that any trade secret or proprietary information of a company engaged with the Department through the process established under subsection (a) that is made known to the Department pursuant to such process remains private and protected unless otherwise explicitly authorized by the company. (d) Rule of construction Nothing in this section shall be construed to authorize United States Cyber Command to conduct operations inside the United States or for private sector entities to conduct offensive cyber activities outside the United States, except to the extent such operations or activities are permitted by a provision of law in effect on the day before the date of the enactment of this Act. 1605. Pilot program on public-private partnerships with internet ecosystem companies to detect and disrupt adversary cyber operations (a) Pilot required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and commence a pilot program to assess the feasibility and advisability of entering into public-private partnerships with internet ecosystem companies to facilitate actions by such companies to discover and disrupt use of the platforms, systems, services, and infrastructure of such companies by malicious cyber actors. (b) Public-private partnerships (1) In general Under the pilot program required by subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies to facilitate actions as described in subsection (a). (2) Voluntary participation Participation by an internet ecosystem company in a public-private partnership under the pilot program shall be voluntary. (c) Authorized activities In establishing and conducting the pilot program under subsection (a), the Secretary may— (1) provide assistance to a participating company in developing effective know-your-customer processes and requirements; (2) provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation; (3) develop and socialize best practices for the collection, retention, and sharing of data by participating companies to support discovery of malicious cyber activity, investigations, and attribution; (4) provide timely information to participating companies, such as foreign actor technical persona identification details, information about ongoing operations and infrastructure, and indicators of compromise, to enable such companies to detect and disrupt the use of their platforms, systems, services, and infrastructure by malicious cyber actors; (5) facilitate development of threat-sharing, information-exchange, and data pooling and analysis arrangements among participating companies such that individual companies or trusted third parties, such as cybersecurity nonprofit organizations or information-sharing and analysis centers, can correlate relevant data and indicators, as described in paragraph (3), across platforms, systems, services, and infrastructure; (6) provide recommendations for and assist in the development and institution of operational workflows, assessment and compliance practices, and training that participating companies can institute reliably to detect and disrupt the use of their platforms, systems, services, and infrastructure by malicious cyber actors; (7) accelerate to the greatest extent possible, the automation of existing or instituted operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action; (8) provide recommendations for and assist in the development of technical capabilities to enable participating companies to collect and analyze data on activities occurring on their platforms, systems, services, and infrastructure to detect and disrupt operations of malicious cyber actors; and (9) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action. (d) Competition concerns The Secretary shall ensure that any trade secret or proprietary information of a participating company made known to the Department of Defense pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by the participating company. (e) Impartiality In carrying out the pilot program under subsection (a), the Secretary shall not take any action that is intended primarily to advance the particular business interests of a given company but are otherwise authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company’s or given companies’ business interests. (f) Participation of other Federal Government components The Secretary may invite to participate in the pilot program required by subsection (a) the heads of such departments or agencies as the Secretary considers appropriate. (g) Limitation on Government access to data The Secretary shall ensure that Government officials involved in the pilot program have access to information authorized to be shared with the Federal Government pursuant to the Cybersecurity Information Sharing Act of 2015 ( Public Law 114–113 ; 6 U.S.C. 1501 et seq. ). (h) Briefings (1) Initial Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the pilot program and the plans for the conduct of the pilot program under subsection (a). (2) Follow-up Not later than 540 days after the date of the enactment of this Act, the Secretary shall brief the committees described in paragraph (1) on the progress of the pilot program conducted under subsection (a), the projected end date of the pilot program, and the findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (i) Definitions In this section: (1) The term internet ecosystem company means a business incorporated in the United States that provide cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program required by subsection (a). (2) The term participating company means an internet ecosystem company that has entered into a public-private partnership with the Secretary under subsection (b). 1606. Zero trust strategy, principles, model architecture, and implementation plans (a) Zero trust strategy, principles, and model architecture required Not later than 270 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense and the Commander of Joint Forces Headquarters-Department of Defense Information Network shall jointly develop a zero trust strategy, principles, and a model architecture to be implemented across the Department of Defense Information Network, including classified networks, operational technology, and weapon systems. (b) Strategy, principles, and model architecture elements The zero trust strategy, principles, and model architecture required under subsection (a) shall include, at a minimum, the following elements: (1) Prioritized policies and procedures for establishing implementations of mature zero trust enabling capabilities within on-premises, hybrid, and pure cloud environments, including access control policies that determine which persona or device shall have access to which resources and the following: (A) Identity, credential, and access management. (B) Macro and micro network segmentation, whether in virtual, logical, or physical environments. (C) Traffic inspection. (D) Application security and containment. (E) Transmission, ingest, storage, and real-time analysis of cybersecurity metadata endpoints, networks, and storage devices. (F) Data management, data rights management, and access controls. (G) End-to-end encryption. (H) User access and behavioral monitoring, logging, and analysis. (I) Data loss detection and prevention methodologies. (J) Least privilege, including system or network administrator privileges. (K) Endpoint cybersecurity, including secure host, endpoint detection and response, and comply-to-connect requirements. (L) Automation and orchestration. (M) Configuration management of virtual machines, devices, servers, routers, and similar to be maintained on a single virtual device approved list (VDL). (2) Policies specific to operational technology, critical data, infrastructures, weapon systems, and classified networks. (3) Specification of enterprise-wide acquisitions of capabilities conducted or to be conducted pursuant to those policies. (4) Specification of standard zero trust principles supporting reference architectures and metrics-based assessment plan. (5) Roles, responsibilities, functions, and operational workflows of zero trust cybersecurity architecture and information technology personnel— (A) at combatant commands, military services, and defense agencies; and (B) Joint Forces Headquarters-Department of Defense Information Network. (c) Architecture development and implementation In developing and implementing the zero trust principles and model architecture required under subsection (a), the Chief Information Officer and the Commander shall— (1) coordinate with— (A) the Principal Cyber Advisor to the Secretary of Defense; (B) military departments and defense agencies; (C) the Director of the National Security Agency Cybersecurity Directorate; (D) the Director of the Defense Advanced Research Projects Agency; (E) the Chief Information Officers of each military service; (F) the Commanders of the cyber components of the military services; (G) the Principal Cyber Advisors of each military service; and (H) the Chairman of the Joints Chiefs of Staff; (2) assess the utility of the Joint Regional Security Stacks, automated continuous endpoint monitoring program, assured compliance assessment solution, and each of the defenses at the Internet Access Points for their relevance and applicability to the zero trust architecture and opportunities for integration or divestment; (3) employ all available resources to include online training, leveraging commercially available zero trust training material, and other Federal agency training where feasible, to implement cybersecurity training on zero trust at the— (A) executive level; (B) cybersecurity professional or implementer level; and (C) general knowledge levels for Department of Defense users; (4) facilitate cyber protection team and cybersecurity service provider threat hunting and discovery of novel adversary activity; (5) assess and implement means to effect Joint Force Headquarters–Department of Defense Information Network’s automated command and control of the entire Department of Defense Information Network; (6) assess the potential of and, as appropriate, encourage use of third-party cybersecurity-as-a-service models; (7) engage with and conduct outreach to industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to deployment of zero trust architectures; (8) assess the current Comply-to-Connect Plan; and (9) review past and conduct additional pilots to guide development, including— (A) utilization of networks designated for testing and accreditation under section 1658 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note); (B) use of automated red team products for assessment of pilot architectures; and (C) accreditation of piloted cybersecurity products for enterprise use in line with the findings on enterprise accreditation standards as performed under section 1654 of such Act (133 Stat. 1764; Public Law 116–92 ). (d) Implementation plans (1) In general No later than one year after the finalization of the model zero trust principles and architecture required under subsection (a), the head of each military department and the head of each component of the Department of Defense shall transmit to the Chief Information Officer of the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network a draft plan to implement such zero trust strategy, principles, and model architecture across the networks of their respective components and military department. (2) Elements Each implementation plan transmitted under paragraph (1) shall include, at a minimum, the following: (A) Specific acquisitions, implementations, instrumentations, and operational workflows to be implemented, across unclassified and classified networks, operational technology, and weapon systems. (B) A detailed schedule with target milestones and required expenditures. (C) Interim and final metrics, including a phase migration plan. (D) Identification of additional funding, authorities, and policies, as may be required. (E) Requested waivers, exceptions to Department of Defense policy, and expected delays. (3) Limitation on procurement A head described in paragraph (1) who transmits a plan under such paragraph may not procure any hardware or software pursuant to such plan until the Chief Information Office and the Commander both certify that the plan complies with Department interoperability needs, the Department zero trust reference architecture, and redundancy, resiliency, and federation requirements of the Department. (e) Implementation oversight (1) In general The Chief Information Officer shall— (A) assess the implementation plans submitted under subsection (d)(1) for adequacy and responsiveness to the principles and model architecture required by subsection (a); (B) assess such implementation plans and their institution for appropriate use of enterprise-wide acquisitions; (C) ensure, at a high level, the interoperability and compatibility of individual components’ Solutions Architectures to include the leveraging of enterprise capabilities where appropriate through standards derivation, policy and, reviews; (D) use the annual investment guidance of the Chief to ensure appropriate implementation, including appropriate use of enterprise-wide acquisitions; (E) track use of waivers and exceptions to policy; (F) use the Cybersecurity Scorecard to track and drive implementation of Department components; and (G) leverage the authorities of the Commander of Joint Forces Headquarters-Department of Defense Information Network and the Director of the Defense Information Systems Agency to begin implementation of the zero trust strategy, principles, and model architecture developed under subsection (a). (2) Assessments of funding Not later than March 31, 2024, and annually thereafter, each Principal Cyber Advisor of a military service shall include in the annual budget certification of the military service, as required by section 1657(d) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note), an assessment of the adequacy of funding requested for each proposed budget for the purposes of carrying out the zero trust implementation plan for the military service developed in subsection (d). (f) Initial briefings (1) Briefings on model architecture Not later than 90 days after finalizing the model zero trust principles and architecture required by subsection (a), the Chief Information Officer of the Department and the Commander of Joint Forces Headquarters-Department of Defense Information Network shall provide a briefing to the congressional defense committees on such strategy, principles, and model architecture. (2) Briefings on implementation plans No later than 90 days after the Department of Defense Chief Information Officer’s receipt of an implementation plan required under subsection (d), the secretary of a military department, in the case of an implementation plan pertaining to a military department or a military service, or the Chief Information Officer of the Department, in the case of an implementation plan pertaining to a remaining component of the Department, as the case may be, shall each provide a briefing to the congressional defense committees on the implementation plan. (g) Annual briefings Effective February 1, 2022, at each of the annual cybersecurity budget review briefings of the Chief Information Officer of the Department and the military services for congressional staff until January 1, 2030, the Chief and the head of each of the military services shall provide updates on the implementation of the zero trust architecture in their respective networks. 1607. Demonstration program for automated security validation tools (a) Demonstration program required Not later than October 1, 2024, the Chief Information Officer of the Department of Defense shall, acting through the Director of the Defense Information Systems Agency, complete a demonstration program to demonstrate and assess an automated security validation capability to assist the Department of Defense by— (1) mitigating cyber hygiene challenges; (2) supporting ongoing efforts of the Department to assess weapon system resiliency; (3) quantifying enterprise security effectiveness of enterprise security controls, to inform future acquisition decisions of the Department; (4) assisting portfolio managers with balancing capability costs and capability coverage of the threat landscape; and (5) supporting the Department of Defense Cybersecurity Analysis and Review threat framework. (b) Considerations In developing capabilities for the demonstration program required by subsection (a), the Chief Information Officer shall consider— (1) integration of advanced commercially available threat intelligence; (2) metrics and scoring of security controls; (3) cyber analysis, cyber campaign tracking, and cybersecurity information sharing; (4) integration of security instrumentation and testing capability into cybersecurity enclaves and existing cybersecurity controls; (5) endpoint sandboxing; and (6) use of actual adversary attack methodologies. (c) Coordination with military services In carrying out the demonstration program required by subsection (a), the Chief Information Officer shall, acting through the Director of the Defense Information Systems Agency, coordinate demonstration program activities with complementary efforts on-going within the military services, defense agencies, and field agencies. (d) Independent capability assessment In carrying out the demonstration program required by subsection (a), the Chief Information Officer shall, acting through the Director of the Defense Information Systems Agency and in coordination with the Director, Operational Test and Evaluation, perform operational testing to evaluate the operational effectiveness, suitability, and cybersecurity of the capabilities developed under the demonstration program. (e) Briefing (1) Initial briefing Not later than April 1, 2022, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the plans and status of the Chief Information Officer with respect to the demonstration program required by subsection (a). (2) Final briefing Not later than October 1, 2024, the Chief Information Officer shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the results and findings of the Chief Information Officer with respect to the demonstration program required by subsection (a). 1608. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters (a) In general Section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended— (1) in subsection (a), in the matter before paragraph (1), by striking one or more consortia and inserting a consortium ; and (2) in subsection (c), by amending paragraph (1) to read as follows: (1) Designation of administrative chair The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established under subsection (a). . (b) Conforming amendments Such section is further amended— (1) in subsection (a)(1), by striking or consortia ; (2) in subsection (b), by striking or consortia ; (3) in subsection (c)— (A) by striking paragraph (2); (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as redesignated by subparagraph (B)— (i) in the matter before subparagraph (A)— (I) by striking Each administrative and inserting The administrative ; and (II) by striking a consortium and inserting the consortium ; and (ii) in subparagraph (A), by striking for the term specified by the Secretary under paragraph (1) ; (D) by amending paragraph (3), as redesignated by subparagraph (B), to read as follows: (3) Executive committee The Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium. ; and (4) by amending subsection (d) to read as follows: (d) Consultation The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium. . 1609. Quarterly reports on cyber operations (a) In general Section 484 of title 10, United States Code is amended— (1) in the section heading, by inserting and reports after briefings ; (2) in subsection (a)— (A) by inserting and reports after Briefings ; and (B) by inserting , and submit to the congressional defense committees a report on, after briefings on ; and (3) in subsection (b), in the matter before paragraph (1), by inserting and report after Each briefing . (b) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 484 and inserting the following new item: 484. Quarterly cyber operations briefings and reports. . 1610. Assessment of cybersecurity posture and operational assumptions and development of targeting strategies and supporting capabilities (a) Assessment of cybersecurity posture of adversaries and operational assumptions of United States Government (1) In general Not later than one year after the date of the enactment of this Act, the Commander of United States Cyber Command, the Under Secretary of Defense for Policy, and the Under Secretary of Defense for Intelligence and Security, shall jointly sponsor or conduct an assessment, including, if appropriate, a war-game or tabletop exercise, of the current and emerging offensive cyber posture of adversaries of the United States and the current operational assumptions and plans of the Armed Forces for offensive cyber operations during potential crises or conflict. (2) Elements The assessment required by paragraph (1) shall include consideration of the following: (A) Changes to strategies, operational concepts, operational preparation of the environment, and rules of engagement. (B) Opportunities provided by armed forces in theaters of operations and other innovative alternatives. (C) Changes in intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )) targeting and operations in support of the Department of Defense. (D) Adversary capabilities to deny or degrade United States activities in cyberspace. (E) Adversaries’ targeting of United States critical infrastructure and implications for United States policy. (F) Potential effect of emerging technologies, such as fifth generation mobile networks, expanded use of cloud information technology services, and artificial intelligence. (G) Changes in organizational design. (H) The effect of private sector cybersecurity research. (b) Development of targeting strategies, supporting capabilities, and operational concepts (1) In general Not later than one year after the date of the enactment of this Act, the Commander shall— (A) assess and establish the capabilities, capacities, tools, and tactics required to support targeting strategies for— (i) day-to-day persistent engagement of adversaries, including support to information operations; (ii) support to geographic combatant commanders at the onset of hostilities and during sustained conflict; and (iii) deterrence of attacks on United States critical infrastructure, including the threat of counter value responses; (B) develop future cyber targeting strategies and capabilities across the categories of cyber missions and target classes where— (i) time-consuming and human effort-intensive stealthy operations are required to acquire and maintain access to targets, and the mission is so important it is worthwhile to expend such efforts to hold them at risk; (ii) target prosecution requires unique access and exploitation tools and technologies, and the target importance justifies such efforts, time, and expense; (iii) operational circumstances do not allow for and do not require spending the time and human effort required for stealthy, nonattributable, and continuous access to targets; (iv) capabilities are needed to rapidly prosecute targets that have not been previously planned and that can be accessed and exploited using known, available tools and techniques; and (v) targets may be prosecuted with the aid of automated techniques to achieve speed, mass, and scale; and (C) develop strategies for appropriate utilization of Cyber Mission Teams in support of combatant command objectives as— (i) adjuncts to or substitutes for kinetic operations; or (ii) independent means to achieve novel tactical, operational, and strategic objectives. (2) Briefing required (A) In general Not more than 30 days after the date on which all of the activities required by paragraph (1) have been completed, the Commander shall provide the congressional defense committees a briefing on the activities. (B) Elements The briefing provided under subparagraph (A) shall include the following: (i) Recommendations for such legislative or administrative action as the Commander considers necessary to address capability shortcomings. (ii) Plans to address capability shortcomings. (c) Country-specific access strategies (1) In general Not later than one year after the date on which all of the activities required by subsection (b)(1) have been completed, the Commander shall complete development of country-specific access strategies for the Russian Federation, the People’s Republic of China, the Democratic People’s Republic of Korea, and the Islamic Republic of Iran. (2) Elements Each country-specific access strategy developed under paragraph (1) shall include the following: (A) Specification of desired and required— (i) outcomes; (ii) cyber warfighting architecture, to include— (I) tools and redirectors; (II) access platforms; and (III) data analytics, modeling, and simulation capacity; (iii) specific means to achieve and maintain persistent access and conduct command and control and exfiltration against hard targets and in operationally challenging environments across the continuum of conflict; (iv) intelligence, surveillance, and reconnaissance support; (v) operational partnerships with allies; (vi) rules of engagement; (vii) personnel, training, and equipment; and (viii) targeting strategies, including those that do not demand deliberate targeting and precise access to achieve effects; and (B) recommendations for such policy or resourcing changes as the Commander considers appropriate to address access shortfalls. (3) Consultation required The Commander shall develop the country-specific access strategies under paragraph (1) independently but in consultation with the following: (A) The Director of the National Security Agency. (B) The Director of the Central Intelligence Agency. (C) The Director of the Defense Advanced Research Projects Agency. (D) The Director of the Strategic Capabilities Office. (E) The Under Secretary of Defense for Policy. (F) The Principal Cyber Advisor to the Secretary of Defense. (G) The Commanders of all other Combatant Commands. (4) Briefing Upon completion of the country-specific access strategies required by paragraph (1), the Commander shall provide the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a briefing on such strategies. 1611. Assessing capabilities to counter adversary use of ransomware tools, capabilities, and infrastructure (a) Comprehensive assessment and recommendations required Not later than March 1, 2022, the Secretary of Defense shall— (1) conduct a comprehensive assessment of the policy, capacity, and capabilities of the Department of Defense to diminish and defend the United States from ransomware threats, including— (A) an assessment of the current and potential threats and risks to national and economic security posed by— (i) foreign criminal organizations that provide large-scale and sophisticated cyber attack capabilities and infrastructure used to conduct ransomware attacks; and (ii) organizations that conduct or could conduct ransomware or other attacks that use the capabilities and infrastructure described in clause (i) on a large scale against important assets and systems in the United States, including critical infrastructure; (B) an assessment of— (i) the threat posed by the criminal organizations, capabilities, and infrastructure described in subparagraph (A) to the Department of Defense Information Network and the United States; and (ii) the current and potential role of United States Cyber Command in addressing the threat described in clause (i); (C) an identification of the current and potential Department efforts, processes, and capabilities to deter and counter the threat described in subparagraph (B)(i), including through offensive cyber effects operations; (D) an assessment of the application of the defend forward and persistent engagement operational concepts and capabilities of the Department to deter and counter the threat of ransomware to the United States; (E) a description of the efforts of the Department in interagency processes, and joint collaboration with allies and partners of the United States, to address the growing threat of criminal cyber enterprises that conduct ransomware attacks and could conduct attacks with other objectives to the United States and allies and partners of the United States; (F) a determination of the extent to which the governments of countries where large-scale and sophisticated criminal cyber enterprises are principally located are tolerating the activities of such enterprises, have interactions with such enterprises, could direct their operations, and could suppress them; (G) an assessment as to whether the criminal cyber enterprises described in subparagraph (F) are perfecting and practicing attack techniques and capabilities at scale that can be co-opted and placed in the service of the country where they are based; and (H) identification of such legislative or administrative action as may be necessary to more effectively counter the threat of ransomware; and (2) develop recommendations for the Department to build capabilities to develop and execute innovative methods to deter and counter ransomware attacks prior and in response to the launching of attacks. (b) Briefing Not later than April 1, 2022, the Secretary shall brief the congressional defense committees on the assessment completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection. 1612. Comparative analysis of cybersecurity capabilities (a) Comparative analysis required Not later than 180 days after the date of the enactment of this Act, the Principal Cyber Advisor to the Secretary of Defense and the Director of Cost Assessment and Program Evaluation (CAPE), in consultation with the Chief Information Officers and Principal Cyber Advisors of each of the military departments, shall jointly sponsor a comparative analysis, that the Director of the National Security Agency and the Director of the Defense Information Systems Agency shall conduct, of the following: (1) The cybersecurity tools, applications, and capabilities offered as options on enterprise software agreements for cloud-based productivity and collaboration suites such as that offered under the Defense Enterprise Office Solution and Enterprise Software Agreement contracts with Department of Defense components, relative to those that are currently deployed in, or required by, the Department to conduct the functions of— (A) asset discovery; (B) vulnerability scanning; (C) conditional access (also known as comply-to-connect ); (D) event correlation; (E) patch management and remediation; (F) endpoint query and control; (G) endpoint detection and response; (H) data rights management; (I) data loss prevention; (J) data tagging; (K) data encryption; (L) security information and event management; and (M) security orchestration, automation, and response. (2) The identity, credential, and access management (ICAM) system, and associated capabilities to enforce the principle of least privilege access, offered as an existing option on a contract described in paragraph (1), relative to— (A) the requirements of such system described in the Zero Trust Reference Architecture of the Department; and (B) the requirements of such system under development by the Defense Information Systems Agency. (3) The artificial intelligence and machine-learning capabilities associated with the tools, applications, and capabilities described in paragraphs (1) and (2), and the ability to host government or third-party artificial intelligence and machine-learning algorithms within the contracted environments described in paragraph (1) for those tools, applications, and capabilities described in paragraphs (1) and (2). (4) The network consolidation and segmentation capabilities offered on the contracts described in paragraph (1) relative to capabilities projected in the Zero Trust Reference Architecture. (5) The automated orchestration and interoperability among all of the tools, applications, and capabilities described in paragraphs (1) through (4). (b) Elements of comparative analysis The comparative analysis conducted under subsection (a) shall include an assessment of the following: (1) Costs. (2) Performance. (3) Sustainment. (4) Scalability. (5) Training requirements. (6) Maturity. (7) Human effort requirements. (8) Speed of integrated operations. (9) Ability to operate on multiple operating systems and in multiple cloud environments. (10) Such other matters as the Principal Cyber Advisor to the Secretary of Defense and the Director of Cost Assessment and Program Evaluation consider appropriate. (c) Briefing required Not later than 30 days after the date on which the analysis required by subsection (a) is completed, the Principal Cyber Advisor and the Director shall jointly provide the congressional defense committees with a briefing on the findings of the Principal Cyber Advisor and the Director with respect to such analysis, along with such recommendations for legislative or administrative action as the Principal Cyber Advisor and the Director may have with respect to the matters covered by the analysis. 1613. Report on the Cybersecurity Maturity Model Certification program (a) Report required Not later than January 15, 2022, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the plans of the Secretary for the Cyber Maturity Model Certification program in consideration of the recent internal review of the program and recent efforts of the Secretary to improve the cybersecurity of the defense industrial base. (b) Contents The report submitted under subsection (a) shall include the following: (1) The programmatic changes required in Cyber Maturity Model Certification program to address recommendations developed pursuant to the review described in subsection (a). (2) The strategy of the Secretary for rulemaking for such program and the process for the Cybersecurity Maturity Model Certification rule. (3) The budget and resources required to support such program. (4) A plan for communication and coordination with the defense industrial base regarding such program. (5) The coordination needed within the Department and between Federal agencies for such program. (6) The status of efforts to develop the framework required by section 1648 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2224 note). (7) Plans and explicit public announcement of processes for reimbursement of cybersecurity compliance expenses for small and non-traditional businesses in the defense industrial base. (8) Plans for ensuring that persons seeking a Department of Defense contract for the first time are not required to expend funds to acquire cybersecurity capabilities and a certification required to perform under a contract as a precondition for bidding on such a contract without reimbursement in the event that such persons do not receive a contract award. (9) Clarification of roles and responsibilities of prime contractors for assisting and managing cybersecurity performance of subcontractors. (10) Such additional matters as the Secretary considers appropriate. 1614. Report on potential Department of Defense support and assistance for increasing the awareness of the Cybersecurity and Infrastructure Security Agency of cyber threats and vulnerabilities affecting critical infrastructure (a) Report required Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Homeland Security and the National Cyber Director, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that provides recommendations on how the Department of Defense can improve support and assistance to the Cybersecurity and Infrastructure Security Agency to increase awareness of threats and vulnerabilities affecting domestic networks that are critical infrastructure, including infrastructure that is critical to the Department and infrastructure that is critical to the defense of the United States. (b) Elements of report The report required by subsection (a) shall— (1) assess and identify areas in which the Department of Defense could provide support or assistance to the Cybersecurity and Infrastructure Security Agency in expanding or increasing the technical understanding and awareness of threats and vulnerabilities affecting critical infrastructure, including through information sharing and voluntary network monitoring programs; (2) identify and assess any legal, policy, organizational, or technical barriers to enabling support provided by the Department to the Agency for improved situational awareness of cyber threats to critical infrastructure, including increased information sharing; (3) assess and describe any legal or policy changes necessary to enable the Department to provide support or assistance to the Agency for improved situational awareness of cyber threats to critical infrastructure while preserving privacy and civil liberties; (4) assess and describe the budgetary and other resource effects on the Department of providing support or assistance to the Agency for improved situational awareness of cyber threats to critical infrastructure; and (5) provide a notional time-phased plan, including milestones, to enable the Department to provide support or assistance to the Agency to increase awareness of threats and vulnerabilities affecting domestic critical infrastructure networks. (c) Critical infrastructure defined In this section, the term critical infrastructure has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c(e) ). 1615. Deadline for reports on assessment of cyber resiliency of nuclear command and control system Section 499(c) of title 10, United States Code, is amended— (1) in paragraph (1), in the matter before subparagraph (A)— (A) by striking The Commanders and inserting For each assessment conducted under subsection (a), the Commanders ; and (B) by striking the assessment required by subsection (a) and inserting the assessment ; (2) in paragraph (2), by striking the report and inserting each report ; (3) in paragraph (3)— (A) by striking The Secretary and inserting Not later than 90 days after the date of the submittal of a report under paragraph (1), the Secretary ; and (B) by striking required by paragraph (1) ; and (4) in the subsection heading by striking Report and inserting Reports . B Military Construction Authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2022 . 2002. Expiration of authorizations and amounts required to be specified by law (a) Expiration of authorizations after three years Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025. (b) Exception Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of— (1) October 1, 2024; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program. 2003. Effective date Titles XXI through XXVII shall take effect on the later of— (1) October 1, 2021; or (2) the date of the enactment of this Act. XXI Army military construction 2101. Authorized Army construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Army: Inside the United States State Installation Amount Alabama Fort Rucker $66,000,000 Redstone Arsenal $55,000,000 California Fort Irwin $52,000,000 Georgia Fort Stewart $100,000,000 Hawaii West Loch Naval Magazine Annex $51,000,000 Wheeler Army Airfield $140,000,000 Kansas Fort Leavenworth $34,000,000 Kentucky Fort Knox $27,000,000 Louisiana Camp Minden $13,800,000 Fort Polk $111,000,000 Maryland Fort Meade $81,000,000 New York Fort Hamilton $26,000,000 Watervliet Arsenal $20,000,000 Pennsylvania Letterkenny Army Depot $21,000,000 Texas Fort Bliss $20,000,000 Fort Hood $130,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Army: Outside the United States Country Installation or Location Amount Belgium SHAPE Headquarters $16,000,000 Germany East Camp Grafenwoehr $103,000,000 Smith Barracks $33,500,000 Worldwide Classified Classified Location $31,000,000 2102. Family housing (a) Construction and acquisition Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, in the number of units, and in the amounts set forth in the following table: Army: Family Housing Country Installation or Location Units Amount Italy Vicenza Family Housing New Construction $92,304,000 (b) Planning and design Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,545,000. 2103. Authorization of appropriations, Army (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2104. Extension of authorization of fiscal year 2017 project at Wiesbaden Army Airfield (a) Extension Notwithstanding section 2002 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2101(b) of that Act (130 Stat. 2689), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2017 Project Authorization Country Installation or Location Project Original Authorized Amount Germany Wiesbaden Army Airfield Hazardous Material Storage Building $2,700,000 2105. Additional authority to carry out fiscal year 2018 project at Fort Bliss, Texas (a) Project authorization The Secretary of the Army may carry out a military construction project to construct a defense access road at Fort Bliss, Texas, in the amount of $20,000,000. (b) Use of amounts The Secretary may use funds appropriated under section 131 of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (title I of division J of Public Law 115–141 ; 132 Stat. 805) for the Defense Access Road Program to carry out subsection (a). 2106. Modification of authority to carry out fiscal year 2021 project at Fort Wainwright, Alaska (a) Modification of project authority In the case of the authorization contained in the table in section 2101(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) for Fort Wainwright, Alaska, for construction of unaccompanied enlisted personnel housing, as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct an unaccompanied enlisted personnel housing building of 104,300 square feet to incorporate a modified standard design, and also may construct an outdoor recreational shelter, sports fields and courts, barbecue and leisure area, and fitness stations associated with the unaccompanied enlisted personnel housing. (b) Modification of project amounts (1) Division b table The authorization table in section 2101(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended, in the item relating to Fort Wainwright, Alaska, by striking $114,000,000 in the Amount column and inserting $146,000,000 to reflect the project modification made by subsection (a). (2) Division d table The funding table in section 4601 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended, in the item relating to Fort Wainwright, Alaska, Unaccompanied Enlisted Personnel Housing, by striking $59,000 in the Conference Authorized column and inserting $91,000 to reflect the project modification made by subsection (a). 2107. Additional authority to carry out fiscal year 2022 project at Aberdeen Proving Ground, Maryland (a) Project authorization The Secretary of the Army may carry out a military construction project to construct a 6,000 square foot recycling center to meet the requirements of a qualified recycling program at Aberdeen Proving Ground, Maryland, in the amount of $3,600,000. (b) Use of lease payment funds The Secretary may use funds generated pursuant to section 2667 of title 10, United States Code, in addition to funds appropriated for unspecified minor military construction, for the project specified in subsection (a). XXII Navy military construction 2201. Authorized Navy construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States State Installation or Location Amount Arizona Marine Corps Air Station Yuma $128,900,000 California Marine Corps Air Ground Combat Center $45,000,000 Marine Corps Air Station Miramar $240,900,000 Marine Corps Base Camp Pendleton $191,300,000 Naval Base Ventura County $197,500,000 Naval Base Coronado $63,600,000 Marine Corps Reserve Depot San Diego $93,700,000 San Nicolas Island $19,907,000 Florida Marine Corps Support Facility Blount Island $69,400,000 Hawaii Marine Corps Base Kaneohe Bay $165,700,000 Maine Portsmouth Naval Shipyard $225,000,000 North Carolina Marine Corps Air Station Cherry Point $340,117,000 Marine Corps Base Camp Lejeune $64,200,000 South Carolina Marine Corps Air Station Beaufort $127,600,000 Virginia Naval Station Norfolk $344,793,000 Naval Station Yorktown $93,500,000 Portsmouth Naval Shipyard $156,380,000 Marine Corps Base Quantico $42,850,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Navy: Outside the United States Country Installation or Location Amount El Salvador Cooperative Security Location Comalapa $28,000,000 Guam Andersen Air Force Base $50,890,000 Joint Region Marianas $507,527,000 Japan Fleet Activities Yokosuka $49,900,000 Spain Naval Station Rota $85,600,000 2202. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $5,732,000. 2203. Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $71,884,000. 2204. Authorization of appropriations, Navy (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. XXIII Air Force military construction 2301. Authorized Air Force construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States State Installation or Location Amount Alaska Eielson Air Force Base $44,850,000 Joint Base Elmendorf-Richardson $251,000,000 Arizona Davis-Monthan Air Force Base $13,400,000 Luke Air Force Base $49,000,000 California Vandenberg Space Force Base $67,000,000 Colorado Schriever Space Force Base $30,000,000 District of Columbia Joint Base Anacostia Bolling $24,000,000 Florida Eglin Air Force Base $14,000,000 Georgia Moody Air Force Base $12,500,000 Louisiana Barksdale Air Force Base $272,000,000 Maryland Joint Base Andrews $26,000,000 Massachusetts Hanscom Air Force Base $66,000,000 Ohio Wright-Patterson Air Force Base $24,000,000 Oklahoma Tinker Air Force Base $160,000,000 South Carolina Joint Base Charleston $59,000,000 South Dakota Ellsworth Air Force Base $242,000,000 Tennessee Arnold Air Force Base $14,600,000 Texas Joint Base San Antonio $141,000,000 Joint Base San Antonio–Lackland $29,000,000 Join Base San Antonio–Fort Sam Houston $29,000,000 Sheppard Air Force Base $20,000,000 Virginia Joint Base Langley Eustis $24,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Air Force: Outside the United States Country Installation or Location Amount Australia Royal Australian Air Force Base Darwin $7,400,000 Royal Australian Air Force Base Tindal $14,400,000 Guam Joint Region Marianas $85,000,000 Italy Aviano Air Force Base $10,200,000 Japan Kadena Air Base $206,000,000 Misawa Air Base $25,000,000 Yokota Air Base $39,000,000 United Kingdom Royal Air Force Lakenheath $104,000,000 2302. Family housing Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $10,458,000. 2303. Improvements to military family housing units Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $105,258,000. 2304. Authorization of appropriations, Air Force (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2305. Extension of authorizations of certain fiscal year 2017 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in section 2301 of that Act (130 Stat. 2696), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Guam Joint Region Marianas APR–Munitions Storage Igloos, Ph 2 $35,300,000 Joint Region Marianas APR–SATCOM C4I Facility $14,200,000 Japan Kadena Air Base APR–Replace Munitions Structures $19,815,000 Yokota Air Base C–130J Corrosion Control Hangar $23,777,000 Yokota Air Base Construct Combat Arms Training and Maintenance Facility $8,243,000 United Kingdom Royal Air Force Croughton Main Gate Complex $16,500,000 2306. Extension of authorizations of fiscal year 2017 projects at Spangdahlem Air Base, Germany (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorizations set forth in the table in subsection (b), as provided in section 2902 of that Act (130 Stat. 2743), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Spangdahlem Air Base F/A–22 Low Observable/Composite Repair Fac $12,000,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A–22 $2,700,000 2307. Extension of authorization of fiscal year 2017 project at Hanscom Air Force Base, Massachusetts (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2301 of that Act (130 Stat. 2696), shall remain in effect until October 1, 2022, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2023, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Air Force: Extension of 2017 Project Authorization Country Installation or Location Project Original Authorized Amount Massachusetts Hanscom Air Force Base Construct Vandenberg Gate Complex $10,965,000 2308. Modification of authority to carry out fiscal year 2018 project at Tyndall Air Force Base, Florida In the case of the authorization contained in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2018 (Division B of Public Law 115–91 ; 131 Stat. 1825) for Tyndall Air Force Base, Florida, for construction of a fire station, as specified in the funding table in section 4601 of that Act (131 Stat. 2002), the Secretary of the Air Force may construct up to 3,588 square meters of crash rescue or structural fire station. 2309. Modification of authority to carry out fiscal year 2020 projects at Tyndall Air Force Base, Florida In the case of the authorization contained in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (Division B of Public Law 116–92 ; 133 Stat. 1913) for Tyndall Air Force Base, Florida— (1) for construction of Site Development, Utilities, and Demo Phase 1, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 3,698 lineal meters of waste water; (B) up to 6,306 lineal meters of storm water; and (C) two emergency power backup generators; (2) for construction of Munitions Storage Facilities, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 4,393 square meters of aircraft support equipment storage yard; (B) up to 1,535 square meters of tactical missile maintenance facility; and (C) up to 560 square meters of missile warhead assembly and maintenance shop and storage; (3) for construction of 325th Fighting Wing HQ Facility, as specified in the funding table in section 4603 of that Act (133 Stat. 2103), the Secretary of the Air Force may construct up to 769 square meters of separate administrative space for sexual assault prevention and response and sexual response coordinators; (4) for construction of Deployment Center/Flight Line Dining/AAFES, as specified in such funding table, the Secretary of the Air Force may construct up to 144 square meters of Army and Air Force Exchange Service shoppette; (5) for construction of Flightline—Muns Storage, 7000 Area, as specified in such funding table, the Secretary of the Air Force may construct— (A) up to 1,861 square meters of above ground magazines; and (B) up to 530 square meters of air support equipment shop or storage facility pad; (6) for construction of Site Development, Utilities, and Demo Phase 2, as specified in such funding table, the Secretary of the Air Force may construct— (A) up to 5,233 lineal meters of storm water; (B) up to 48,560 square meters of roads; (C) up to 3,612 lineal meters of gas pipeline; and (D) up to 993 square meters of water fire pumping station with an emergency backup generator; (7) for construction of Tyndall AFB Gate Complexes, as specified in such funding table, the Secretary of the Air Force may construct— (A) up to 52,694 square meters of roadway with serpentines; and (B) up to 20 active or passive barriers; (8) for construction of Airfield Drainage, as specified in such funding table, the Secretary of the Air Force may construct— (A) up to 18,931 meters of storm drain piping; (B) up to 19,131 meters of box culvert; (C) up to 3,704 meters of concrete block swale; (D) up to 555 storm drain structures; and (E) up to 81,500 square meters of storm drain ponds; (9) for construction of 53 WEG Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 1,693 square meters of aircraft maintenance shop; (B) up to 1,458 square meters of fuel systems maintenance dock; and (C) up to 3,471 square meters of group headquarters; (10) for construction of 53 WEG Subscale Drone Facility, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 511 square meters of pilotless aircraft shop in a separate facility; (11) for construction of CE/Contracting/USACE Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 557 square meters of base engineer storage shed 6000 area; and (B) up to 183 square meters of non-Air Force administrative office; (12) for construction of Logistics Readiness Squadron Complex, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct— (A) up to 802 square meters of supply administrative headquarters; (B) up to 528 square meters of vehicle wash rack; and (C) up to 528 square meters of vehicle service rack; (13) for construction of Fire Station Silver Flag #4, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct up to 651 square meters of fire station; and (14) for construction of AFCEC RDT&E, as specified in the Natural Disaster Recovery Justification Book dated August 2019, the Secretary of the Air Force may construct 545 square meters of CE Mat Test Runway Support Building, 1,593 square meters of Robotics Range Control Support Building, and 953 square meters of fire garage. XXIV Defense Agencies military construction 2401. Authorized Defense Agencies construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Defense Agencies: Inside the United States State Installation or Location Amount Alabama Redstone Arsenal $153,000,000 California Camp Pendleton $13,600,000 Silver Strand Training Complex $33,700,000 Colorado Buckley Air Force Base $20,000,000 Georgia Fort Benning $62,000,000 Hawaii Joint Base Pearl Harbor-Hickam $29,800,000 Maryland Fort Meade $1,201,000,000 New Mexico Kirtland Air Force Base $8,600,000 Virginia Fort Belvoir $29,800,000 Humphries Engineer Center and Support Activity $36,000,000 Pentagon $50,543,000 Washington Oak Harbor $59,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table: Defense Agencies: Outside the United States Country Installation or Location Amount Germany Ramstein Air Base $93,000,000 Japan Kadena Air Base $24,000,000 Misawa Air Base $6,000,000 United Kingdom Royal Air Force Lakenheath $19,283,000 2402. Authorized Energy Resilience and Conservation Investment Program projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Inside the United States State Installation or Location Amount Alabama Fort Rucker $24,000,000 California Marine Corps Air Station Miramar $4,054,000 Naval Air Weapons Station China Lake/Ridgecrest $9,120,000 District of Columbia Joint Base Anacostia Bolling $31,261,000 Florida MacDill Air Force Base $22,000,000 Georgia Fort Benning $17,593,000 Fort Stewart $22,000,000 Naval Submarine Base Kings Bay $19,314,000 Idaho Mountain Home Air Force Base $33,800,000 Michigan Camp Grayling $5,700,000 Mississippi Camp Shelby $45,655,000 New York Fort Drum $25,300,000 North Carolina Fort Bragg $27,169,000 Ohio Springfield-Beckley Municipal Airport $4,700,000 North Dakota Cavalier Air Force Station $24,150,000 Puerto Rico Aguadilla $10,120,000 Fort Allen $12,190,000 Tennessee Memphis International Airport $4,780,000 Virginia Fort Belvoir, NGA Campus East $365,000 National Geospatial-Intelligence Agency Campus East $5,299,000 Pentagon, Mark Center, and Raven Rock Mountain Complex $2,600,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States Country Installation or Location Amount Guam Polaris Point, Naval Base Guam $38,300,000 Japan Naval Air Facility Atsugi $3,810,000 Kuwait Camp Arifjan $15,000,000 2403. Authorization of appropriations, Defense Agencies (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601. (b) Limitation on total cost of construction projects Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601. 2404. Extension of authorization of fiscal year 2017 project at Yokota Air Base, Japan (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 ; 130 Stat. 2688), the authorization set forth in the table in subsection (b), as provided in section 2401(b) of that Act (130 Stat. 2700), shall remain in effect until October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later. (b) Table The table referred to in subsection (a) is as follows: Defense Agencies: Extension of 2017 Project Authorization Country Installation or Location Project Original Authorized Amount Japan Yokota Air Base Hangar/AMU $39,466,000 XXV International programs A North Atlantic Treaty Organization Security Investment Program 2501. Authorized NATO construction and land acquisition projects The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States. 2502. Authorization of appropriations, NATO (a) Authorization Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601. (b) Authority To recognize NATO authorization amounts as budgetary resources for project execution When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project. B Host Country In-Kind Contributions 2511. Republic of Korea funded construction projects Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table: Republic of Korea Funded Construction Projects Component Installation or Location Project Amount Army Camp Humphreys Unaccompanied Enlisted Personnel Housing $52,000,000 Army Camp Humphreys Type I Aircraft Parking Apron and Parallel Taxiway $48,000,000 Navy Mujuk Expeditionary Dining Facility $10,200,000 Air Force Gimhae Air Base Repair Contingency Hospital $75,000,000 Air Force Osan Air Base Munitions Storage Area Move Delta (Phase 2) $171,000,000 2512. Republic of Poland provided infrastructure projects Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: Republic of Poland Provided Infrastructure Projects Component Installation or Location Project Amount Army Poznan Command and Control Facility $30,000,000 Army Poznan Information Systems Facility $7,000,000 2513. Authorization to accept contributions from the Republic of Korea in the form of an irrevocable letter of credit In addition to any other authorized form of burden sharing contribution, the Secretary of Defense may accept contributions from the Republic of Korea, under authorities available to the Secretary, in the form of an irrevocable letter of credit issued by a financial institution acceptable to the Treasurer of the United States, for construction of the Black Hat Intelligence Fusion Center, Camp Humphreys, Republic of Korea, and for other military construction projects within the Republic of Korea. XXVI Guard and Reserve Forces facilities 2601. Authorized Army National Guard construction and land acquisition projects (a) Inside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table: Army National Guard: Inside the United States State Location Amount Alabama Huntsville Army National Guard $17,000,000 Connecticut Putnam $17,500,000 Georgia Fort Benning $13,200,000 Idaho Jerome $15,000,000 Illinois Bloomington $15,000,000 Kansas Topeka $16,732,000 Louisiana Lake Charles $18,500,000 Maine Saco $21,200,000 Mississippi Camp Shelby $15,500,000 Montana Butte $16,000,000 Nebraska Mead Training Site $11,000,000 North Dakota Dickinson $15,500,000 Vermont Bennington $16,900,000 Virginia Troutville $13,000,000 (b) Outside the United States Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table: Army National Guard: Outside the United States Country Installation or Location Amount Guam Barrigada $34,000,000 2602. Authorized Army Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table: Army Reserve State Location Amount Michigan Southfield $12,000,000 Ohio Wright-Patterson Air Force Base $19,000,000 Wisconsin Fort McCoy $70,600,000 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Navy Reserve and Marine Corps Reserve State Installation or Location Amount Michigan Battle Creek $49,090,000 Minnesota Minneapolis Air Reserve Station $14,350,000 2604. Authorized Air National Guard construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table: Air National Guard State Location Amount Alabama Montgomery Regional Airport $19,200,000 Sumpter Smith Air National Guard Base $7,500,000 Connecticut Bradley International Airport $17,000,000 Delaware New Castle County Aiport $17,500,000 Idaho Boise Air Terminal (Gowen Field) $6,500,000 Illinois Abraham Lincoln Capital Airport $10,200,000 Massachusetts Barnes Municipal Airport $12,200,000 Michigan Alpena County Regional Airport $23,000,000 Selfridge Air National Guard Base $28,000,000 W.K. Kellogg Regional Airport $10,000,000 Mississippi Jackson International Airport $9,300,000 New York Francis S. Gabreski Airport $14,800,000 Schenectady Municipal Airport $10,800,000 Ohio Camp Perry $7,800,000 South Carolina McEntire Joint National Guard Base $18,800,000 South Dakota Joe Foss Field $9,800,000 Texas Kelly Field Annex $9,500,000 Washington Camp Murray Air National Guard Station $27,000,000 Wisconsin Truax Field $44,200,000 Wyoming Cheyenne Municipal Airport $13,400,000 2605. Authorized Air Force Reserve construction and land acquisition projects Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table: Air Force Reserve State Location Amount California Beale Air Force Base $33,000,000 Florida Homestead Air Force Station $14,000,000 Patrick Space Force Base $18,500,000 Indiana Grissom Air Reserve Base $29,000,000 Minnesota Minneapolis-St. Paul Air Reserve Station $14,000,000 New York Niagara Falls Air Reserve Station $10,600,000 Ohio Youngstown Air Reserve Base $8,700,000 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601. XXVII Base realignment and closure activities 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2021, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2140)), as specified in the funding table in section 4601. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round. XXVIII Military construction and general provisions A Military construction program 2801. Clarification of establishment of the Office of Local Defense Community Cooperation as a Department of Defense Field Activity (a) Transfer to chapter 8 Section 146 of title 10, United States Code, is transferred to subchapter I of chapter 8 of such title, inserted after section 197, and redesignated as section 198. (b) Establishment as Department of Defense field activity Section 198(a) of such title, as transferred and redesignated by subsection (a), is amended by striking in the Office of the Secretary of Defense and inserting established as a Department of Defense Field Activity . (c) Appointment of Director Such section 198 is further amended— (1) in subsection (b) in the matter preceding paragraph (1), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary of Defense ; and (2) in subsection (c)(4), by striking Under Secretary of Defense for Acquisition and Sustainment and inserting Secretary . (d) Conforming and clerical amendments (1) Conforming amendments Section 905 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (A) in subsection (b), by striking section 146 and inserting section 198 ; and (B) in subsection (c), by striking section 146 and inserting section 198 . (2) Clerical amendments (A) Chapter 4 The table of sections at the beginning of chapter 4 of title 10, United States Code, is amended by striking the item relating to section 146. (B) Chapter 8 The table of sections at the beginning of subtitle I of chapter 8 of such title is amended by inserting after the item relating to section 197 the following new item: 198. Office of Local Defense Community Cooperation . 2802. Use of amounts available for operation and maintenance in carrying out military construction projects for energy resilience, energy security, or energy conservation Section 2914 of title 10, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): (c) Alternative funding source (1) In addition to the authority under section 2805(c) of this title, in carrying out a military construction project for energy resilience, energy security, or energy conservation under this section, the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits to the congressional defense committees a notification of the decision to carry out the project using such amounts and includes in the notification— (A) the current estimate of the cost of the project; (B) the source of funds for the project; and (C) a certification that deferring the project pending the availability of funds appropriated for or otherwise made available for military construction would be inconsistent with the timely assurance of energy resilience, energy security, or energy conservation for one or more critical national security functions. (2) A project carried out under this section using amounts under paragraph (1) may be carried out only after the end of the seven-day period beginning on the date on which a copy of the notification described in paragraph (1) is provided in an electronic medium pursuant to section 480 of this title. (3) The maximum aggregate amount that the Secretary concerned may obligate from amounts available to the military department concerned for operation and maintenance in any fiscal year for projects under the authority of this subsection is $100,000,000. . B Military family housing 2811. Command oversight of military privatized housing as element of performance evaluations (a) Evaluations in general Each Secretary of a military department shall ensure that the performance evaluations of any individual described in subsection (b) under the jurisdiction of such Secretary provides for an assessment of the extent to which such individual has or has not exercised effective oversight and leadership in the following: (1) Improving conditions of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Addressing concerns with respect to such housing of members of the Armed Forces and their families who reside in such housing on an installation of the military department concerned. (b) Covered individuals The individuals described in this subsection are as follows: (1) The commander of an installation of a military department at which on-installation housing is managed by a landlord of privatized housing under subchapter IV of chapter 169 of title 10, United States Code. (2) Each officer or senior enlisted member of the Armed Forces at an installation described in paragraph (1) whose duties include facilities or housing management at such installation. (3) Any other officer or enlisted member of the Armed Forces (whether or not at an installation described in paragraph (1)) as specified by the Secretary of the military department concerned for purposes of this section. 2812. Clarification of prohibition against collection from tenants of privatized military housing units of amounts in addition to rent and application of existing law (a) Clarification of prohibition (1) In general Section 2891a(e) of title 10, United States Code, is amended— (A) by striking the any each place it appears and inserting any ; and (B) by adding at the end the following new paragraph: (3) Costs incurred to modify or upgrade a housing unit to comply with standards under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and facilitate occupancy of the housing unit by an individual with a disability (as defined in section 3 of such Act ( 42 U.S.C. 12102 )) may not be considered optional services under paragraph (2)(A)(i) or another exception to the prohibition in paragraph (1) against collection from tenants of housing units of amounts in addition to rent. . (2) Application The amendment made by paragraph (1)(B) shall apply to contracts described in section 2891a(a) of title 10, United States Code, entered into on or after the date of the enactment of this Act. (b) Application of existing law Section 2891a of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Application of existing law The Secretary of Defense shall ensure that, in carrying out subsections (c) and (d), the head of each housing management office of an installation and each landlord providing a housing unit, as the case may be, comply with the following: (1) Section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ). (2) Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (3) Title III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq. ). . 2813. Modification of calculation of military housing contractor pay for privatized military housing Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2871 note) is amended— (1) in paragraph (1)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) ; and (2) in paragraph (2)(B)— (A) by striking 2.5 percent and inserting 50 percent ; and (B) by striking section 403(b)(3)(A)(i) and inserting section 403(b)(3)(A)(ii) . 2814. Modification of requirements relating to window fall prevention devices at military family housing (a) Retrofitting of existing housing units (1) In general On the date of the enactment of this Act, the Secretary of Defense shall begin retrofitting windows at existing military family housing units acquired or constructed under chapter 169 of title 10, United States Code, with fall prevention devices or replacement of such windows with windows equipped with such devices pursuant to the program under subsection (b) of section 2879 of such title. (2) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that sets forth a plan to complete retrofitting or replacement of windows as described in subsection (a) by not later than one year after such date of enactment. (b) Exclusion of window opening control devices as approved devices Section 2879(a)(3) of title 10, United States Code, is amended— (1) by striking or guard and inserting , guard, or other passive barrier ; and (2) by inserting before the period at the end the following: , excluding a window opening control device . C Land conveyances 2821. Land conveyance, St. Louis, Missouri (a) Conveyance authorized (1) Conveyance to Land Clearance for Redevelopment Authority of the City of St. Louis (A) In general The Secretary of the Air Force (in this section referred to as the Secretary ) may convey to the Land Clearance for Redevelopment Authority of the City of St. Louis (in this section referred to as the Authority ), on behalf of the United States, all right, title, and interest of the United States in and to the parcel of land described in paragraph (2) for purposes of redevelopment by the Authority. (B) Limitation The Secretary may convey only that portion of the parcel of land described in paragraph (2) to the Authority that is declared excess to the Department of Defense. (2) Parcel of land described (A) In general The parcel of land described in this paragraph is approximately 24 acres of land located at 3200 S. 2nd Street, St. Louis, Missouri, and includes all improvements to the land. (B) Legal description The exact acreage and legal description of the property to be conveyed under paragraph (1) shall be determined by a survey satisfactory to the Secretary and the Authority. (b) Terms of conveyance (1) Instrument and conditions (A) In general The conveyance under subsection (a)(1) shall be accomplished using a quitclaim deed or other legal instrument and upon terms and conditions satisfactory to the Secretary, including such additional terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (B) Environmental conditions The conveyance under subsection (a)(1) may include conditions, restrictions, or covenants related the environmental condition of the property, which shall not adversely interfere with the use of existing structures and the development of the site for commercial or industrial uses. (C) Historical property conditions The conveyance under subsection (a)(1) may include conditions, restrictions, or covenants to ensure preservation of historic property, notwithstanding the effect such conditions, restrictions, or covenants may have on reuse of the site. (2) Conduct of remediation (A) In general The Secretary shall conduct all remediation at the parcel of land conveyed under subsection (a)(1) pursuant to approved activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the Defense Environmental Restoration Program under section 2701 of title 10, United States Code. (B) Completion of remediation The Secretary shall complete all remediation at the parcel of land conveyed under subsection (a)(1) in accordance with the requirements selected in the Record of Decision, Scott Air Force Base Environmental Restoration Program Site SS018, National Imagery and Mapping Agency, Second Street, dated August 2019. (c) Costs of conveyance (1) In general There is authorized to be appropriated to the Secretary $2,000,000 for administrative expenses incurred by the Secretary to carry out the conveyance under subsection (a)(1), including survey costs and other administrative costs related to the conveyance. (2) Exclusion Administrative expenses under paragraph (1) do not include any expenditures authorized under an environmental restoration account under section 2703(a) of title 10, United States Code. (d) Compliance with existing law The conveyance under subsection (a) shall be in compliance with division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ). (e) Rule of construction Nothing in this section shall be construed to affect or limit the application of, or any obligation to comply with, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). 2822. Land conveyance, Saint Joseph, Missouri (a) Conveyance authorized At such time as the Missouri Air National Guard vacates their existing location on the southern end of the airfield at Rosecrans Memorial Airport in Saint Joseph, Missouri, as determined by the Secretary of the Air Force (in this section referred to as the Secretary ), the Secretary may convey to the City of Saint Joseph (in this section referred to as the City ) all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 54 acres at the Rosecrans Air National Guard Base in Saint Joseph, Missouri, for the purpose of removing the property from the boundaries of the Rosecrans Air National Guard Base and accommodating the operations and maintenance needs of the Rosecrans Memorial Airport as well as the development of the parcels and buildings for economic purposes. (b) Condition of conveyance The conveyance under subsection (a) shall be subject to valid existing rights and the City shall accept the real property (and any improvements thereon) in its condition at the time of the conveyance (commonly known as a conveyance as is ). (c) Consideration (1) Requirement As consideration for the conveyance of the property under subsection (a), the City shall provide the United States an amount that is equivalent to the fair market value of the right, title, and interest conveyed under subsection (a) based on an appraisal approved by the Secretary. (2) Types of consideration (A) In general Except as provided in subparagraph (B), the consideration required to be provided under paragraph (1) may be provided by land exchange, in-kind consideration described in subparagraph (D), or a combination thereof. (B) Less than fair market value If the value of the land exchange or in-kind consideration provided under subparagraph (A) is less than the fair market value of the property interest to be conveyed under subsection (a), the City shall pay to the United States an amount equal to the difference between the fair market value of the property interest and the value of the consideration provided under subparagraph (A). (C) Cash consideration Any cash consideration received by the United States under this subsection shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and available in accordance with the provisions of subparagraph (B)(ii) of such section. (D) In-kind consideration In-kind consideration described in this subparagraph may include the construction, provision, improvement, alteration, protection, maintenance, repair, or restoration (including environmental restoration), or a combination thereof, of any facilities or infrastructure relating to the needs of the Missouri Air National Guard at Rosecrans Air National Guard Base that the Secretary considers appropriate. (d) Payment of costs of conveyance (1) Payment required The Secretary may require the City to cover all costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and any other administrative costs related to the conveyance. If amounts paid by the City to the Secretary in advance exceed the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City. (2) Treatment of amounts received Amounts received under paragraph (1) as reimbursement for costs incurred by the Secretary to carry out the conveyance under subsection (a) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance, or to an appropriate fund or account currently available to the Secretary for the purposes for which the costs were paid. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (e) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (f) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2823. Land conveyance, Marine Corps Air Station, Cherry Point, North Carolina (a) Conveyance authorized The Secretary of the Navy (in this section referred to as the Secretary ) may convey to the City of Havelock, North Carolina (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 30 acres, known as the former Fort Macon Housing Area, located within the City limits. (b) Interim lease Until such time as the real property described in subsection (a) is conveyed to the City, the Secretary may lease the property to the City for 20 years. (c) Consideration (1) In general As consideration for the conveyance under subsection (a) and interim lease under subsection (b), the City shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described under paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Marine Corps Air Station Cherry Point, North Carolina, that the Secretary considers acceptable. (3) Disposition of amounts (A) Conveyance Amounts received by the Secretary in exchange for the fee title of the real property described in subsection (a) shall be deposited in the special account in the Treasury established under section 572(b)(5) of title 40, United States Code, and shall be available in accordance with subparagraph (B)(ii) of such section. (B) Interim lease Amounts received by the Secretary for the interim lease of the real property described in subsection (a) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available for use in accordance with paragraph (1)(D) of such subsection. (d) Payment of costs of conveyance (1) In general The Secretary shall require the City to cover costs (except costs for environmental remediation of the property) to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a) and interim lease under subsection (b), including costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a) and interim lease under subsection (b), the Secretary shall refund the excess amount to the City. (e) Condition of conveyance Conveyance of real property shall be subject to all existing easements, restrictions, and covenants of record and conditioned upon the following: (1) Real property shall be used for municipal park and recreational purposes, which may include ancillary uses such as vending and restrooms. (2) The City shall not use Federal funds to cover any portion of the amounts required by subsections (c) and (d) to be paid by the City. (f) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (g) Exclusion of requirements for prior screening by General Services Administration for additional Federal use Section 2696(b) of title 10, United States Code, does not apply to the conveyance of real property authorized under subsection (a). (h) Additional terms The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 2824. Land conveyance, Naval Air Station Oceana, Virginia Beach, Virginia (a) Conveyance authorized (1) In general The Secretary of the Navy (in this section referred to as the Secretary ) may convey to the City of Virginia Beach, Virginia (in this section referred to as the City ), all right, title, and interest of the United States in and to a parcel of real property located at 4200 C Avenue, Virginia Beach, Virginia, including any improvements thereon, consisting of approximately 8 acres. (2) Authority to void land use restrictions The Secretary may void any land use restrictions associated with the property to be conveyed under paragraph (1). (b) Consideration (1) In general As consideration for the conveyance under subsection (a)(1), the City shall pay to the Secretary an amount that is not less than the fair market value of the property conveyed, as determined by the Secretary, whether by cash payment, in-kind consideration as described in paragraph (2), or a combination thereof. (2) In-kind consideration In-kind consideration provided by the City under this subsection may include the acquisition, construction, provision, improvement, maintenance, repair, or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure, or delivery of services relating to the needs of Naval Air Station Oceana, Virginia, that the Secretary considers acceptable. (3) Disposition of funds Cash received in exchange for the fee title of the property conveyed under subsection (a)(1) shall be deposited in the special account in the Treasury established under subparagraph (A) of section 572(b)(5) of title 40, United States Code, and shall be available for use in accordance with subparagraph (B)(ii) of such section. (c) Payment of costs of conveyance (1) Payment required The Secretary shall require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a)(1), including costs related to environmental and real estate due diligence, and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a)(1), the Secretary shall refund the excess amount to the City. (3) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance under subsection (a)(1). Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (d) Description of property The exact acreage and legal description of the parcel of real property to be conveyed under subsection (a)(1) shall be determined by a survey satisfactory to the Secretary. (e) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a)(1) as the Secretary considers appropriate to protect the interests of the United States. D Other matters 2831. Consideration of public education when making basing decisions (a) In general Section 2883 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) by redesignating subsections (e) through (j) as subsections (f) through (k), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Education With regard to the military housing area in which an installation subject to a basing decision covered by subsection (a) is or will be located, the Secretary of the military department concerned shall take into account the extent to which high-quality public education is available and accessible to dependents of members of the Armed Forces in the military housing area by comparing the progress of students served by relevant local educational agencies in the State in which the installation and military housing area are located under the statewide accountability system described in section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) as compared to the progress of all students in such State under such system. . (b) Conforming amendment Subsection (a) of such section is amended by striking subsection (e) and inserting subsection (f) . 2832. Designation of facility at Rock Island Arsenal, Illinois The Secretary of the Army shall designate a facility located at Rock Island Arsenal, Illinois, to be named after Charles Carroll Smith, in recognition of his significant public service contributions. 2833. Improvement of security of lodging and living spaces on military installations (a) Assessment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of all on-base dormitories and barracks at military installations for purposes of identifying— (1) locking mechanisms on points of entry into the main facility, including doors and windows, or interior doors leading into private sleeping areas that require replacing or repairing; (2) areas, such as exterior sidewalks, entry points, and other public areas where closed-circuit television security cameras should be installed; and (3) other passive security measures, such as additional lighting, that may be necessary to prevent crime, including sexual assault. (b) Emergency repairs The Secretary shall make any necessary repairs of broken locks or other safety mechanisms discovered during the assessment conducted under subsection (a) not later than 30 days after discovering the issue. (c) Report (1) In general Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a). (2) Elements The report under paragraph (1) shall include— (A) a cost estimate to make any improvements recommended pursuant to the assessment under subsection (a), disaggregated by military department and installation; and (B) an estimated schedule for making such improvements. 2834. Expansion of authority of Secretary of the Navy to lease and license Navy museum facilities to generate revenue to support museum administration and operations (a) Inclusion of all Navy museums Section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended— (1) in subsection (a)— (A) by striking the Naval Historical Foundation any portion of the facilities located at the Washington Naval Yard, District of Columbia, that house the United States Navy Museum and inserting a foundation established to support a Navy museum any portion of the facilities of that Navy museum ; (B) by striking the Foundation and inserting the foundation ; and (C) by striking the United States Navy Museum both places it appears and inserting that Navy museum ; (2) in subsection (b), by striking the United States Navy Museum and inserting the Navy museum of which the facility is a part ; (3) in subsection (c), by striking the Naval Historical Foundation and inserting a foundation described in subsection (a) ; and (4) in subsection (d)— (A) by striking the United States Navy Museum and inserting the applicable Navy museum ; and (B) by striking the Museum and inserting the museum . (b) Conforming clerical amendment The section heading for section 2852 of the Military Construction Authorization Act for Fiscal Year 2006 (division B of Public Law 109–163 ; 119 Stat. 3530) is amended by striking at Washington, Navy Yard, District of Columbia . 2835. Pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall establish a pilot program to authorize installations of the Department of the Air Force to establish a reimbursable account for the purpose of being reimbursed for the use of testing facilities on such installation. (b) Installations selected The Secretary of the Air Force shall select not more than two installations of the Department of the Air Force to participate in the pilot program under subsection (a) from among any such installations that are part of the Air Force Flight Test Center construct and are currently funded for Facilities Sustainment, Restoration, and Modernization (FSRM) through the Research, Development, Test, and Evaluation account of the Department of the Air Force. (c) Oversight of funds For each installation selected for the pilot program under subsection (a), the commander of such installation shall have direct oversight over 50 percent of the funds allocated to the installation for Facilities Sustainment, Restoration, and Modernization and the Commander of the Air Force Civil Engineer Center shall have direct oversight over the remaining 50 percent of such funds. (d) Briefing and report (1) Briefing Not later than 30 days after establishing the pilot program under subsection (a), the Secretary of the Air Force shall brief the congressional defense committees on the pilot program. (2) Annual report Not later than one year after establishing the pilot program under subsection (a), and annually thereafter, the Secretary of the Air Force shall submit to the congressional defense committees a report on the pilot program. (e) Termination The pilot program under subsection (a) shall terminate on December 1, 2026. C DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS XXXI DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS A National Security Programs and Authorizations 3101. National Nuclear Security Administration (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 22–D–513, Power Sources Capability, Sandia National Laboratories, Albuquerque, New Mexico, $13,827,000. Project 22–D–514, Digital Infrastructure Capability Expansion, Lawrence Livermore National Laboratory, Livermore, California, $8,000,000. Project 22–D–531, Chemistry and Radiological Health Building, Knolls Atomic Power Laboratory, Niskayuna, New York, $41,620,000. Project 22–D–532, Security Upgrades, Knolls Atomic Power Laboratory, Niskayuna, New York, $5,100,000. 3102. Defense environmental cleanup (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701. (b) Authorization of new plant projects From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects: Project 22–D–401, L–888, 400 Area Fire Station, Hanford Site, Richland, Washington, $15,200,000. Project 22–D–402, L–897, 200 Area Water Treatment Facility, Hanford Site, Richland, Washington, $12,800,000. Project 22–D–403, Spent Nuclear Fuel Staging Facility, Idaho National Laboratory, Idaho Falls, Idaho, $3,000,000. Project 22–D–404, Additional Idaho CERCLA Disposal Facility Landfill Disposal Cell and Evaporation Ponds Project, Idaho National Laboratory, Idaho Falls, Idaho, $5,000,000. 3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for other defense activities in carrying out programs as specified in the funding table in section 4701. 3104. Nuclear energy Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2022 for nuclear energy as specified in the funding table in section 4701. B Nuclear Weapons Stockpile Matters 3111. Portfolio management framework for National Nuclear Security Administration (a) In general Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall— (1) in consultation with the Nuclear Weapons Council established under section 179 of title 10, United States Code, develop and implement a portfolio management framework for the nuclear security enterprise that— (A) defines the National Nuclear Security Administration’s portfolio of nuclear weapons stockpile and infrastructure maintenance and modernization programs; (B) establishes a portfolio governance structure, including portfolio-level selection criteria, prioritization criteria, and performance metrics; (C) outlines the approach of the National Nuclear Security Administration to managing that portfolio; and (D) incorporates the leading practices identified by the Government Accountability Office in its report entitled Nuclear Security Enterprise: NNSA Should Use Portfolio Management Leading Practices to Support Modernization Efforts (GAO–21–398) and dated June 2021; and (2) complete an integrated, comprehensive assessment of the portfolio management capabilities required to execute the weapons activities portfolio of the National Nuclear Security Administration. (b) Briefing requirement Not later than June 1, 2022, the Administrator shall provide to the congressional defense committees a briefing on— (1) the progress of the Administrator in developing the framework described in paragraph (1) of subsection (a) and completing the assessment required by paragraph (2) of that subsection; and (2) the plans of the Administrator for implementing the recommendations of the Government Accountability Office in the report referred to in subsection (a)(1)(D). (c) Nuclear security enterprise defined In this section, the term nuclear security enterprise has the meaning given that term in section 4002 of the Atomic Energy Defense Act ( 50 U.S.C. 2501 ). 3112. Reports on risks to and gaps in industrial base for nuclear weapons components, subsystems, and materials Section 3113 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by adding at the end the following new subsection: (e) Reports required The Administrator, acting through the official designated under subsection (a), shall submit to the Committees on Armed Services of the Senate and the House of Representatives, contemporaneously with each briefing required by subsection (d)(2), a report that— (1) identifies actual or potential risks to or specific gaps in any element of the industrial base that supports the nuclear weapons components, subsystems, or materials of the National Nuclear Security Administration; (2) describing the actions the Administration is taking to further assess, characterize, and prioritize such risks and gaps; (3) describing mitigating actions, if any, the Administration has underway or planned to mitigate any such risks or gaps; (4) setting forth the anticipated timelines and resources needed for such mitigating actions; and (5) describing the nature of any coordination with or burden sharing by other Federal agencies or the private sector to address such risks and gaps. . 3113. Sense of Senate on oversight role of Congress in conduct of nuclear weapons testing It is the sense of the Senate that Congress should have an oversight role in overseeing the United States Government's ability to conduct nuclear weapons testing that produces nuclear yield. C Defense Environmental Cleanup Matters I Environmental Management Liability Reduction and Technology Development 3121. Definitions In this part: (1) Complex The term complex means all sites managed in whole or in part by the Office. (2) Department The term Department means the Department of Energy. (3) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) Mission The term mission means the mission of the Office. (5) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (6) Office The term Office means the Office of Environmental Management of the Department. (7) Secretary The term Secretary means the Secretary of Energy, acting through the Assistant Secretary for Environmental Management. 3122. Independent assessment and management of defense environmental cleanup programs (a) Independent assessment (1) In general The Secretary shall obtain from the Corps of Engineers an independent assessment of the lifecycle costs and schedules of the defense environmental cleanup programs of the Office. (2) Focus of assessment The assessment under paragraph (1) shall be focused on identifying key remaining technical risks and uncertainties of the defense environmental cleanup programs. (3) Use of assessment The Office shall use the assessment under paragraph (1)— (A) to reevaluate the major defense environmental cleanup challenges faced by the Office, including the timeline and costs associated with addressing those challenges with existing science and technology investments; (B) to make any adjustments to the science and technology development program of the Office that are necessary to address those challenges; (C) to evaluate potential savings from the development of new technologies over the life of the cleanup programs of the Office; and (D) to provide recommendations to Congress with respect to the annual funding levels for the Incremental Technology Development Program established under section 3123(a) and the High-Impact Technology Development Program established under section 3124(a) that will ensure maximum cost-savings over the life of the defense environmental cleanup programs of the Office. (4) No effect on program implementation Nothing in this subsection affects the establishment, implementation, or carrying out of any project or program under any other provision of law, including this part, or under any existing agreement or consent decree to which the Department is a party, during the time period in which the assessment under paragraph (1) is carried out. (b) Management process The Secretary shall design and implement a science and technology management process for identifying, prioritizing, selecting, developing, testing, permitting, and deploying the new knowledge and technologies needed to address the defense environmental cleanup challenges faced by the Office, including the technical risks and uncertainties identified by the assessment under subsection (a). (c) Peer review The Secretary shall use independent peer review to evaluate— (1) the science and technology management process designed under subsection (b) before that process is implemented; (2) any science and technology projects before those projects are funded; and (3) the overall effectiveness and impact of the science and technology efforts of the Office. 3123. Incremental Technology Development Program (a) Establishment The Secretary shall establish a program, to be known as the Incremental Technology Development Program (in this section referred to as the program ), to improve the efficiency and effectiveness of the defense environmental cleanup processes of the Office. (b) Focus (1) In general The program shall focus on the continuous improvement of new or available technologies, including— (A) decontamination chemicals and techniques; (B) remote sensing and wireless communication to reduce manpower and laboratory efforts; (C) detection, assay, and certification instrumentation; (D) packaging materials, methods, and shipping systems; and (E) improving the overall efficiency and effectiveness of the Office. (2) Other areas The program may include mission-relevant development, demonstration, and deployment activities unrelated to the focus areas described in paragraph (1). (c) Use of new and emerging technologies (1) In general In carrying out the program, the Secretary shall ensure that site offices of the Office conduct technology development and demonstration of new and emerging technologies to establish a sound technical basis for the selection of technologies for defense environmental cleanup or infrastructure operations. (2) Collaboration required The Secretary shall collaborate, to the extent practicable, with the heads of other Federal agencies, the National Laboratories, other Federal laboratories, appropriate State regulators and agencies, and the Department of Labor in the development, demonstration, testing, permitting, and deployment of new technologies under the program. (d) Agreements to carry out projects (1) In general In carrying out the program, the Secretary may enter into agreements for technology development, demonstration, and deployment projects to improve technologies in accordance with subsection (b). (2) Selection The Secretary shall select projects under paragraph (1) through a rigorous process that involves— (A) transparent and open competition; and (B) an independent peer review process described in paragraph (3). (3) Peer review process (A) In general Each technology development, demonstration, and deployment project under consideration for selection under paragraph (2) shall undergo an independent peer review process by a panel of not fewer than 3 peer reviewers selected in accordance with subparagraph (C), who shall evaluate the project in accordance with the criteria described in subparagraph (B), with the goal of maximizing— (i) returns on the research and development expenditures of the Office; and (ii) the return on investment of funds made available under the program. (B) Criteria The criteria for peer review under subparagraph (A), with respect to each project, including any technology to be developed, demonstrated, or deployed by the project, shall include an evaluation of— (i) mission relevancy; (ii) scientific and technical validity; (iii) ability to meet an existing mission void; (iv) superiority to alternatives; (v) cost effectiveness; (vi) ability to reduce risk; (vii) regulatory compliance; (viii) public acceptance; and (ix) likelihood of implementation. (C) Peer reviewers (i) In general A peer reviewer for a project under subparagraph (A) shall be selected— (I) through a systematic approach to accessing peer reviewer information that ensures the appropriate range of expertise for the peer review panel; and (II) from among— (aa) contractors of the Department; (bb) the National Laboratories; (cc) other Federal Laboratories; (dd) institutions of higher education; and (ee) members of relevant professional societies. (ii) Minimization of DOE participation To the maximum extent practicable, the peer reviewer selection process under clause (i) shall minimize the participation of employees of the Department as peer reviewers. (iii) Minimization of conflicts of interest A peer reviewer selected under clause (i) to review the project may not be affiliated with the project being reviewed or the entity that would carry out that project. (D) Review process Each panel of peer reviewers shall review a project under subparagraph (A)— (i) using a process of regular review and staged decision making that is comparable to other peer review programs; and (ii) with rigorous attention to— (I) the collection of activity; and (II) the achievement of performance metrics. (4) Cost-sharing The Federal share of the costs of the development, demonstration, testing, permitting, and deployment of new technologies carried out under this subsection shall be not more than 70 percent. 3124. High-Impact Technology Development Program (a) Establishment The Secretary shall establish a program, to be known as the High-Impact Technology Development Program (in this section referred to as the program ), under which the Secretary shall enter into agreements for projects that pursue technologies that, with respect to the mission— (1) holistically address difficult challenges; (2) hold the promise of breakthrough improvements; or (3) align existing or in-use technologies with difficult challenges. (b) Workshop The Secretary shall commence the program with a workshop to identify, with respect to the technologies developed pursuant to the program— (1) the challenges that need to be addressed; and (2) how— (A) to maximize the impact of existing resources of the Office; and (B) to ensure that the technology development targets challenges across the complex. (c) Areas of focus Areas of focus of a project carried out under this section may include— (1) developing and demonstrating improved methods for source and plume characterization and monitoring, with an emphasis on— (A) real-time field acquisition; and (B) the use of indicator species analyses with advanced contaminant transport models to enable better understanding of contaminant migration; (2) developing and determining the limits of performance for remediation technologies and integrated remedial systems that prevent migration of contaminants, including by producing associated guidance and design manuals for technologies that could be widely used across the complex; (3) demonstrating advanced monitoring approaches that use multiple lines of evidence for monitoring long-term performance of— (A) remediation systems; and (B) noninvasive near-field monitoring techniques; (4) developing and demonstrating methods to characterize the physical and chemical attributes of waste that control behavior, with an emphasis on— (A) rapid and nondestructive examination and assay techniques; and (B) methods to determine radio-nuclide, heavy metals, and organic constituents; (5) demonstrating the technical basis for determining when enhanced or natural attenuation is an appropriate approach for remediation of complex sites; (6) developing and demonstrating innovative methods to achieve real-time and, if practicable, in situ characterization data for tank waste and process streams that could be useful for all phases of the waste management program, including improving the accuracy and representativeness of characterization data for residual waste in tanks and ancillary equipment; (7) adapting existing waste treatment technologies or demonstrating new waste treatment technologies at the pilot plant scale using real wastes or realistic surrogates— (A) to address engineering adaptations; (B) to ensure compliance with waste treatment standards and other applicable requirements under Federal and State law and any existing agreements or consent decrees to which the Department is a party; and (C) to enable successful deployment at full-scale and in support of operations; (8) developing and demonstrating rapid testing protocols that— (A) are accepted by the Environmental Protection Agency, the Nuclear Regulatory Commission, the Department, and the scientific community; (B) can be used to measure long-term waste form performance under realistic disposal environments; (C) can determine whether a stabilized waste is suitable for disposal; and (D) reduce the need for extensive, time-consuming, and costly analyses on every batch of waste prior to disposal; (9) developing and demonstrating direct stabilization technologies to provide waste forms for disposing of elemental mercury; and (10) developing and demonstrating innovative and effective retrieval methods for removal of waste residual materials from tanks and ancillary equipment, including mobile retrieval equipment or methods capable of immediately removing waste from leaking tanks, and connecting pipelines. (d) Project selection (1) Selection The Secretary shall select projects to be carried out under the program through a rigorous process that involves— (A) transparent and open competition; and (B) an independent peer review process described in paragraph (2). (2) Peer review process (A) In general Each project under consideration for selection under paragraph (1) shall undergo an independent peer review process by a panel of not fewer than 3 peer reviewers selected in accordance with subparagraph (B). (B) Peer reviewers (i) In general A peer reviewer for a project under subparagraph (A) shall be selected— (I) through a systematic approach to accessing peer reviewer information that ensures the appropriate range of expertise for the peer review panel; and (II) from— (aa) a relevant database, such as a database of chemical engineers, geologists, physicists, materials scientists, or biologists; or (bb) among members of relevant professional societies. (ii) Minimization of DOE participation To the maximum extent practicable, the peer reviewer selection process under clause (i) shall minimize the participation of employees of the Department as peer reviewers. (iii) Minimization of conflicts of interest A peer reviewer selected under clause (i) to review a project may not be affiliated with the project being reviewed or the entity that would carry out that project. (C) Review process Each panel of peer reviewers shall review a project under subparagraph (A)— (i) using a process of regular review and staged decision making that is comparable to other peer review programs; and (ii) with rigorous attention to— (I) the collection of activity; and (II) the achievement of performance metrics. 3125. Environmental Management University Program (a) Establishment The Secretary shall establish a program, to be known as the Environmental Management University Program (in this section referred to as the program )— (1) to engage faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education on subjects relating to the mission to show a clear path for students for employment with the Department or contractors of the Department; (2) to provide to institutions of higher education— (A) a source of new ideas; and (B) access to advances in engineering and science; (3) to clearly identify to institutions of higher education the tools necessary to enter into the environmental management field professionally; and (4) to encourage current employees of the Department to pursue advanced degrees. (b) Areas of focus Areas of focus of a project receiving a grant under this section may include— (1) the atomic- and molecular-scale chemistries of waste processing; (2) contaminant immobilization in engineered and natural systems; (3) developing innovative materials, with an emphasis on nanomaterials or biomaterials, that could enable sequestration of challenging hazardous or radioactive constituents such as technetium and iodine; (4) elucidating and exploiting complex speciation and reactivity far from equilibrium; (5) understanding and controlling chemical and physical processes at interfaces; (6) harnessing physical and chemical processes to revolutionize separations; (7) tailoring waste forms for contaminants in harsh chemical environments; or (8) predicting and understanding subsurface system behavior and response to perturbations. (c) Individual research grants In carrying out the program, the Secretary may make individual research grants to faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for 3-year research projects, with an option for an extension of one additional period of 2 years. (d) Grants for interdisciplinary collaborations In carrying out the program, the Secretary may make research grants for strategic partnerships among scientists, faculty, post-doctoral fellows or researchers, and graduate students of institutions of higher education for 3-year research projects. (e) Hiring of undergraduates In carrying out the program, the Secretary may establish a summer internship program for undergraduates of institutions of higher education to work on projects relating to environmental management. (f) Workshops In carrying out the program, the Secretary may hold workshops with the Office of Environmental Management, the Office of Science, and members of academia and industry concerning environmental management challenges and solutions. II Other Matters 3131. Comprehensive strategy for treating, storing, and disposing of defense nuclear waste resulting from stockpile maintenance and modernization activities (a) In general Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Administrator for Nuclear Security shall submit to the congressional defense committees and the Comptroller General of the United States a comprehensive strategy for treating, storing, and disposing of defense nuclear waste generated as a result of stockpile maintenance and modernization activities. (b) Elements The strategy required by subsection (a) shall include the following: (1) A projection of the location, type, and quantity of defense nuclear waste the National Nuclear Security Administration anticipates generating as a result of stockpile maintenance and modernization activities during the periods of five and ten fiscal years after the submission of the strategy, with a long-term outlook for the period of 25 fiscal years after such submission. (2) Budgetary estimates associated the projection under paragraph (1) during the period of five fiscal years after the submission of the strategy. (3) A description of how the National Nuclear Security Administration plans to coordinate with the Office of Environmental Management of the Department of Energy to treat, store, and dispose of the type and quantity of waste projected to be generated under paragraph (1). (4) An identification of— (A) disposal facilities that could accept that waste; (B) disposal facilities that could accept that waste with modifications; and (C) in the case of facilities described in subparagraph (B), the modifications necessary for such facilities to accept that waste. (c) Follow-on strategy Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2027, the Administrator shall submit to the congressional defense committees a follow-on strategy to the strategy required by subsection (a) that includes— (1) the elements set forth in subsection (b); and (2) any other matters that the Administrator considers appropriate. D Budget and Financial Management Matters 3141. Improvements to cost estimates informing analyses of alternatives (a) In general Subtitle A of title XLVII of the Atomic Energy Defense Act ( 50 U.S.C. 2741 et seq. ) is amended by adding at the end the following new section: 4718. Improvements to cost estimates informing analyses of alternatives (a) Requirement for analyses of alternatives The Administrator shall ensure that any cost estimate used in an analysis of alternatives for a project carried out using funds authorized by a DOE national security authorization is designed to fully satisfy the requirements outlined in the mission needs statement approved at critical decision 0 in the acquisition process, as set forth in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets) or a successor order. (b) Use of project engineering and design funds In the case of a project the total estimated cost of which exceeds $500,000,000 and that has not reached critical decision 1 in the acquisition process, the Administrator may use funds authorized by a DOE national security authorization for project engineering and design to begin the development of a conceptual design to facilitate the development of a cost estimate for the project during the analysis of alternatives for the project if— (1) the Administrator— (A) determines that such use of funds would improve the quality of the cost estimate for the project; and (B) notifies the congressional defense committees of that determination; and (2) a period of 15 days has elapsed after the date on which such committees receive the notification. . (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4717 the following new item: Sec. 4718. Improvements to cost estimates informing analyses of alternatives. . 3142. Modification of requirements for certain construction projects (a) Increase in minor construction threshold for plant projects Section 4701(2) of the Atomic Energy Defense Act ( 50 U.S.C. 2741(2) ) is amended by striking $20,000,000 and inserting $25,000,000 . (b) Notification requirement for certain minor construction projects (1) In general Section 4703 of the Atomic Energy Defense Act ( 50 U.S.C. 2743 ) is amended— (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following new subsection (d): (d) Notification required for certain projects Notwithstanding subsection (a), the Secretary may not start a minor construction project with a total estimated cost of more than $5,000,000 until— (1) the Secretary notifies the congressional defense committees of such project and total estimated cost; and (2) a period of 15 days has elapsed after the date on which such notification is received. . (2) Conforming repeal Section 3118(c) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 50 U.S.C. 2743 note) is repealed. (c) Increase in construction design threshold Section 4706(b) of the Atomic Energy Defense Act ( 50 U.S.C. 2746(b) ) is amended by striking $2,000,000 each place it appears and inserting $5,000,000 . 3143. Modification to terminology for reports on financial balances for atomic energy defense activities Section 4732 of the Atomic Energy Defense Act ( 50 U.S.C. 2772 ) is amended— (1) in subsection (b)(2)— (A) in subparagraph (G), by striking committed and inserting encumbered ; (B) in subparagraph (H), by striking uncommitted and inserting unencumbered ; and (C) in subparagraph (I), by striking uncommitted and inserting unencumbered ; and (2) in subsection (c)— (A) by striking paragraphs (1) and (3); (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (3), respectively; (C) in paragraph (1), as redesignated by subparagraph (B), by striking by the contractor and inserting from the contractor ; (D) by inserting after paragraph (1), as so redesignated, the following new paragraph (2): (2) Encumbered The term encumbered , with respect to funds, means the funds have been obligated to a contract and are being held for a specific known purpose by the contractor. ; (E) in paragraph (3), as so redesignated, by striking by the contractor and inserting from the contractor ; and (F) by inserting after paragraph (3), as so redesignated, the following new paragraph (4): (4) Unencumbered The term unencumbered , with respect to funds, means the funds have been obligated to a contract and are not being held for a specific known purpose by the contractor. . E Other Matters 3151. Extension of authority for appointment of certain scientific, engineering, and technical personnel Section 4601(c)(1) of the Atomic Energy Defense Act ( 50 U.S.C. 2701(c)(1) ) is amended by striking September 30, 2021 and inserting September 30, 2026 . 3152. Extension of enhanced procurement authority to manage supply chain risk Section 4806(g) of the Atomic Energy Defense Act ( 50 U.S.C. 2786(g) ) is amended by striking June 30, 2023 and inserting December 31, 2028 . 3153. Extension of authority for acceptance of contributions for acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide (a) In general Section 3132 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569 ) is— (1) transferred to title XLIII of the Atomic Energy Defense Act ( 50 U.S.C. 2565 et seq. ); (2) redesignated as section 4306B; (3) inserted after section 4306A; and (4) amended, in subsection (f)(6), by striking December 31, 2023 and inserting December 31, 2028 . (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4306A the following new item: Sec. 4306B. Acceleration of removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. . 3154. Updates to Infrastructure Modernization Initiative (a) In general Section 3111(b) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 ; 50 U.S.C. 2402 note) is amended— (1) in paragraph (2)(A)(i)(II), by striking $50,000,000 and inserting $75,000,000 ; (2) in paragraph (3)— (A) in the paragraph heading, by striking initial plan and inserting plan required ; and (B) in the matter preceding subparagraph (A)— (i) by striking 2018 and inserting 2022 ; and (ii) by striking initial ; and (3) in paragraph (4), by striking 2024 and inserting 2023 . (b) Certification Not later than March 1, 2023, and annually thereafter through 2025, the Administrator for Nuclear Security shall submit to the congressional defense committees a certification with respect to whether the updated plan required by paragraph (3) of section 3111(b) of the National Defense Authorization Act for Fiscal Year 2018, as amended by subsection (a), is being implemented in a manner adequate to meet the goal set forth in paragraph (2) of that section of reducing the backlog of deferred maintenance and repair needs of the nuclear security enterprise by not less than 30 percent by 2025. 3155. Acquisition of high-performance computing capabilities by National Nuclear Security Administration (a) Sense of Senate It is the sense of the Senate that— (1) the Advanced Simulation and Computing Program of the National Nuclear Security Administration is an essential element of the Stockpile Stewardship Program; and (2) developing the next generation of exascale high-performance computers to conduct performance assessments of nuclear weapons systems and next-generation weapons design is in the national security interests of the United States. (b) Roadmap for acquisition (1) In general Not later than 2 years after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a roadmap for the acquisition by the Administration of high-performance computing capabilities during the 10-year period following submission of the roadmap. (2) Elements The roadmap required by paragraph (1) shall include the following: (A) A description of the high-performance computing capabilities required to support the mission of the Administration as of the date on which the roadmap is submitted under paragraph (1). (B) An identification of any existing or anticipated gaps in such capabilities. (C) A description of the high-performance computing capabilities anticipated to be required by the Administration during the 10-year period following submission of the roadmap, including computational performance and other requirements, as appropriate. (D) A description of the strategy of the Administration for acquiring such capabilities. (E) An assessment of the ability of the industrial base to support that strategy. (F) Such other matters the Administrator considers appropriate. (3) Consultation and considerations In developing the roadmap required by paragraph (1), the Administrator shall— (A) consult with the Secretary of Energy; and (B) take into consideration the findings of the review of the future of computing beyond exascale computing conducted by the National Academy of Sciences under section 3172 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (c) Independent assessment of high-performance computing acquisitions (1) In general The Administrator shall enter into an arrangement with a federally funded research and development center to assess the first acquisition of high-performance computing capabilities by the Administration after the date of the enactment of this Act. (2) Elements The assessment required by paragraph (1) of the acquisition of high-performance computing capabilities described in that paragraph shall include an assessment of the following: (A) The mission needs of the Administration met by the acquisition. (B) The evidence used to support the acquisition decision, such as an analysis of alternatives or business case analyses. (C) Market research performed by the Advanced Simulation and Computing Program related to the acquisition. (3) Report required (A) In general Not later than 90 days after entering into the arrangement under paragraph (1), the Administrator shall submit to the congressional defense committees a report on the assessment conducted under paragraph (1). (B) Form of report The report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex. 3156. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium (a) Limitation Of the funds authorized to be appropriated by this Act for fiscal year 2022 for the National Nuclear Security Administration for research and development of an advanced naval nuclear fuel system based on low-enriched uranium, not more than 50 percent may be obligated or expended until the following determinations are submitted to the congressional defense committees: (1) A determination made jointly by the Secretary of Energy and the Secretary of Defense with respect to whether the determination made jointly by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 ; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue research and development of an advanced naval nuclear fuel system based on low-enriched uranium, remains valid. (2) A determination by the Secretary of the Navy with respect to whether an advanced naval nuclear fuel system based on low-enriched uranium can be produced that would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements. (b) Report required Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on activities conducted using amounts made available for fiscal year 2021 for development of nonproliferation fuels, including a description of any progress made toward technological or nonproliferation goals as a result of such activities. XXXII DEFENSE NUCLEAR FACILITIES SAFETY BOARD 3201. Authorization There are authorized to be appropriated for fiscal year 2022, $31,000,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ). 3202. References to Chairperson and Vice Chairperson of Defense Nuclear Facilities Safety Board Chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. ) is amended— (1) in section 311(c), in the subsection heading, by striking Chairman, Vice Chairman and inserting Chairperson, Vice Chairperson ; and (2) by striking Chairman each place it appears and inserting Chairperson . XXXV MARITIME ADMINISTRATION 3501. Maritime Administration Section 109 of title 49, United States Code, is amended to read as follows: 109. Maritime Administration (a) Organization and mission The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. (b) Maritime Administrator The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary. (c) Deputy Maritime Administrator The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator. (d) Duties and powers vested in Secretary All duties and powers of the Maritime Administration are vested in the Secretary. (e) Regional offices The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices. (f) Interagency and industry relations The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities. (g) Detailing officers from Armed Forces To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail. (h) Contracts, cooperative agreements, and audits (1) Contracts and cooperative agreements In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to— (A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and (B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness. (2) Audits The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46. (i) Grant administrative expenses Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent. (j) Authorization of appropriations (1) In general Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration. (2) Limitations Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for— (A) acquisition, construction, or reconstruction of vessels; (B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels; (C) costs of national defense features; (D) payments of obligations incurred for operating-differential subsidies; (E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations; (F) the Vessel Operations Revolving Fund; (G) National Defense Reserve Fleet expenses; (H) expenses necessary to carry out part B of subtitle V of title 46; and (I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration. . D Funding Tables 4001. Authorization of amounts in funding tables (a) In general Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations. (b) Merit-based decisions A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall— (1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and (2) comply with other applicable provisions of law. (c) Relationship to transfer and programming authority An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts. (d) Applicability to classified annex This section applies to any classified annex that accompanies this Act. (e) Oral written communications No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
XLI PROCUREMENT 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) Line Item FY 2022 Request Senate Authorized AIRCRAFT PROCUREMENT, ARMY FIXED WING 3 FUTURE UAS FAMILY 0 73,000 Army UFR--Replace Shadow UAS in 8 BCTs [73,000] 4 SMALL UNMANNED AIRCRAFT SYSTEM 16,005 16,005 ROTARY 7 AH–64 APACHE BLOCK IIIA REMAN 504,136 504,136 8 AH–64 APACHE BLOCK IIIA REMAN 192,230 192,230 10 UH–60 BLACKHAWK M MODEL (MYP) 630,263 630,263 11 UH–60 BLACKHAWK M MODEL (MYP) 146,068 146,068 12 UH–60 BLACK HAWK L AND V MODELS 166,205 166,205 13 CH–47 HELICOPTER 145,218 397,218 Army UFR—Support minimum sustainment rate [252,000] 14 CH–47 HELICOPTER 18,559 18,559 MODIFICATION OF AIRCRAFT 17 GRAY EAGLE MODS2 3,143 3,143 18 MULTI SENSOR ABN RECON 127,665 127,665 19 AH–64 MODS 118,560 118,560 20 CH–47 CARGO HELICOPTER MODS (MYP) 9,918 12,918 CH–47 cargo aircraft modifications [3,000] 21 GRCS SEMA MODS 2,762 2,762 22 ARL SEMA MODS 9,437 9,437 23 EMARSS SEMA MODS 1,568 1,568 24 UTILITY/CARGO AIRPLANE MODS 8,530 8,530 25 UTILITY HELICOPTER MODS 15,826 15,826 26 NETWORK AND MISSION PLAN 29,206 29,206 27 COMMS, NAV SURVEILLANCE 58,117 58,117 29 AVIATION ASSURED PNT 47,028 47,028 30 GATM ROLLUP 16,776 16,776 32 UAS MODS 3,840 3,840 GROUND SUPPORT AVIONICS 33 AIRCRAFT SURVIVABILITY EQUIPMENT 64,561 64,561 34 SURVIVABILITY CM 5,104 5,104 35 CMWS 148,570 148,570 36 COMMON INFRARED COUNTERMEASURES (CIRCM) 240,412 240,412 OTHER SUPPORT 38 COMMON GROUND EQUIPMENT 13,561 13,561 39 AIRCREW INTEGRATED SYSTEMS 41,425 41,425 40 AIR TRAFFIC CONTROL 21,759 21,759 TOTAL AIRCRAFT PROCUREMENT, ARMY 2,806,452 3,134,452 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 2 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 35,473 35,473 3 M-SHORAD—PROCUREMENT 331,575 331,575 4 MSE MISSILE 776,696 776,696 5 PRECISION STRIKE MISSILE (PRSM) 166,130 166,130 6 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 25,253 25,253 AIR-TO-SURFACE MISSILE SYSTEM 7 HELLFIRE SYS SUMMARY 118,800 118,800 8 JOINT AIR-TO-GROUND MSLS (JAGM) 152,177 219,177 Army UFR—Additional JAGM procurement [67,000] 9 LONG RANGE PRECISION MUNITION 44,744 44,744 ANTI-TANK/ASSAULT MISSILE SYS 10 JAVELIN (AAWS-M) SYSTEM SUMMARY 120,842 135,842 Army UFR—Light Weight Command Launch Units [15,000] 11 TOW 2 SYSTEM SUMMARY 104,412 104,412 12 GUIDED MLRS ROCKET (GMLRS) 935,917 985,917 Army UFR—Restores GMLRS procurement [50,000] 13 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 29,574 29,574 14 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 128,438 128,438 16 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 68,278 68,278 MODIFICATIONS 17 PATRIOT MODS 205,469 205,469 21 AVENGER MODS 11,227 11,227 22 ITAS/TOW MODS 4,561 4,561 23 MLRS MODS 273,856 273,856 24 HIMARS MODIFICATIONS 7,192 7,192 SPARES AND REPAIR PARTS 25 SPARES AND REPAIR PARTS 5,019 5,019 SUPPORT EQUIPMENT & FACILITIES 26 AIR DEFENSE TARGETS 10,618 10,618 TOTAL MISSILE PROCUREMENT, ARMY 3,556,251 3,688,251 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 1 ARMORED MULTI PURPOSE VEHICLE (AMPV) 104,727 104,727 2 ASSAULT BREACHER VEHICLE (ABV) 16,454 16,454 3 MOBILE PROTECTED FIREPOWER 286,977 286,977 MODIFICATION OF TRACKED COMBAT VEHICLES 5 STRYKER UPGRADE 1,005,028 1,005,028 6 BRADLEY PROGRAM (MOD) 461,385 518,354 Army UFR—Improved Bradley Acquisition System upgrade [56,969] 7 M109 FOV MODIFICATIONS 2,534 2,534 8 PALADIN INTEGRATED MANAGEMENT (PIM) 446,430 645,930 Army UFR—PIM increase [199,500] 9 IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) 52,059 52,059 10 ASSAULT BRIDGE (MOD) 2,136 2,136 13 JOINT ASSAULT BRIDGE 110,773 110,773 15 ABRAMS UPGRADE PROGRAM 981,337 1,350,337 Army UFR—Abrams ARNG M1A2SEPv3 fielding [369,000] 16 VEHICLE PROTECTION SYSTEMS (VPS) 80,286 80,286 WEAPONS & OTHER COMBAT VEHICLES 18 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 31,623 31,623 19 MORTAR SYSTEMS 37,485 50,338 Army UFR—120mm mortar cannon [12,853] 20 XM320 GRENADE LAUNCHER MODULE (GLM) 8,666 8,666 21 PRECISION SNIPER RIFLE 11,040 11,040 23 CARBINE 4,434 4,434 24 NEXT GENERATION SQUAD WEAPON 97,087 97,087 26 HANDGUN 4,930 4,930 MOD OF WEAPONS AND OTHER COMBAT VEH 27 MK–19 GRENADE MACHINE GUN MODS 13,027 13,027 28 M777 MODS 21,976 23,771 Army UFR—Software Defined Radio-Hardware Integration Kits [1,795] 30 M2 50 CAL MACHINE GUN MODS 3,612 21,527 Army UFR—Additional M2A1s for MATVs [17,915] SUPPORT EQUIPMENT & FACILITIES 36 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,068 1,068 37 PRODUCTION BASE SUPPORT (WOCV-WTCV) 90,819 90,819 TOTAL PROCUREMENT OF W&TCV, ARMY 3,875,893 4,533,925 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 1 CTG, 5.56MM, ALL TYPES 47,490 79,890 Army UFR—Enhanced Performance Round and Tracer [32,400] 2 CTG, 7.62MM, ALL TYPES 74,870 74,870 3 NEXT GENERATION SQUAD WEAPON AMMUNITION 76,794 76,794 4 CTG, HANDGUN, ALL TYPES 7,812 7,812 5 CTG, .50 CAL, ALL TYPES 29,716 29,716 6 CTG, 20MM, ALL TYPES 4,371 4,371 8 CTG, 30MM, ALL TYPES 34,511 34,511 9 CTG, 40MM, ALL TYPES 35,231 49,231 Army UFR—MK19 training and war reserves [14,000] MORTAR AMMUNITION 10 60MM MORTAR, ALL TYPES 23,219 23,219 11 81MM MORTAR, ALL TYPES 52,135 52,135 12 120MM MORTAR, ALL TYPES 104,144 104,144 TANK AMMUNITION 13 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 224,503 323,821 Army UFR—Tank main gun ammo [99,318] ARTILLERY AMMUNITION 14 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 26,709 26,709 15 ARTILLERY PROJECTILE, 155MM, ALL TYPES 174,015 204,859 Army UFR—Additional inventory [30,844] 16 PROJ 155MM EXTENDED RANGE M982 73,498 73,498 17 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 150,873 150,873 MINES 18 MINES & CLEARING CHARGES, ALL TYPES 25,980 25,980 19 CLOSE TERRAIN SHAPING OBSTACLE 34,761 34,761 ROCKETS 20 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 24,408 24,408 21 ROCKET, HYDRA 70, ALL TYPES 109,536 109,536 OTHER AMMUNITION 22 CAD/PAD, ALL TYPES 6,549 6,549 23 DEMOLITION MUNITIONS, ALL TYPES 27,904 27,904 24 GRENADES, ALL TYPES 37,437 37,437 25 SIGNALS, ALL TYPES 7,530 7,530 26 SIMULATORS, ALL TYPES 8,350 8,350 27 REACTIVE ARMOR TILES 17,755 17,755 MISCELLANEOUS 28 AMMO COMPONENTS, ALL TYPES 2,784 2,784 29 ITEMS LESS THAN $5 MILLION (AMMO) 17,797 17,797 30 AMMUNITION PECULIAR EQUIPMENT 12,290 12,290 31 FIRST DESTINATION TRANSPORTATION (AMMO) 4,331 4,331 32 CLOSEOUT LIABILITIES 99 99 PRODUCTION BASE SUPPORT 34 INDUSTRIAL FACILITIES 538,120 642,620 Army UFR—Demolition of Legacy Nitrate Esters (Nitroglycerin) NG1 Facility, Radford Army Ammunition Plant (RFAAP), Virginia [40,000] Army UFR—Environmental, Safety, Construction, Maintenance and Repair of GOCO Facilities in VA, TN, MO, PA, & IA [40,000] Army UFR—Pyrotechnics Energetic Capability (PEC) construction at Lake City Army Ammunition Plant (LCAAP), Missouri [12,000] Army UFR—Solvent Propellant Facility, Preliminary Design, Radford Army Ammunition Plant, Virginia [12,500] 35 CONVENTIONAL MUNITIONS DEMILITARIZATION 139,410 139,410 36 ARMS INITIATIVE 3,178 3,178 TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,158,110 2,439,172 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 2 SEMITRAILERS, FLATBED: 12,539 18,931 Army UFR—M872 semitrailer [6,392] 3 SEMITRAILERS, TANKERS 17,985 17,985 4 HI MOB MULTI-PURP WHLD VEH (HMMWV) 60,706 60,706 5 GROUND MOBILITY VEHICLES (GMV) 29,807 34,807 Infantry Squad Vehicle [5,000] 8 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 574,562 694,562 Army UFR—Additional JLTV fielding [120,000] 9 TRUCK, DUMP, 20T (CCE) 9,882 9,882 10 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 36,885 36,885 11 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C 16,450 16,450 12 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 26,256 26,256 13 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 64,282 64,282 14 PLS ESP 16,943 16,943 17 TACTICAL WHEELED VEHICLE PROTECTION KITS 17,957 17,957 18 MODIFICATION OF IN SVC EQUIP 29,349 29,349 NON-TACTICAL VEHICLES 20 PASSENGER CARRYING VEHICLES 1,232 1,232 21 NONTACTICAL VEHICLES, OTHER 24,246 24,246 COMM—JOINT COMMUNICATIONS 22 SIGNAL MODERNIZATION PROGRAM 140,036 142,536 Army UFR—Multi-Domain Task Force All-Domain Operations Center cloud pilot [2,500] 23 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 436,524 436,524 25 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI 3,863 3,863 26 JCSE EQUIPMENT (USRDECOM) 4,845 4,845 COMM—SATELLITE COMMUNICATIONS 29 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 97,369 97,369 30 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 120,550 120,550 31 SHF TERM 38,129 38,129 32 ASSURED POSITIONING, NAVIGATION AND TIMING 115,291 115,291 33 SMART-T (SPACE) 15,407 15,407 34 GLOBAL BRDCST SVC—GBS 2,763 2,763 COMM—C3 SYSTEM 37 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 99,858 99,858 COMM—COMBAT COMMUNICATIONS 38 HANDHELD MANPACK SMALL FORM FIT (HMS) 775,069 775,069 40 ARMY LINK 16 SYSTEMS 17,749 17,749 42 UNIFIED COMMAND SUITE 17,984 17,984 43 COTS COMMUNICATIONS EQUIPMENT 191,702 191,702 44 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 15,957 15,957 45 ARMY COMMUNICATIONS & ELECTRONICS 89,441 89,441 COMM—INTELLIGENCE COMM 47 CI AUTOMATION ARCHITECTURE-INTEL 13,317 13,317 48 DEFENSE MILITARY DECEPTION INITIATIVE 5,207 5,207 49 MULTI-DOMAIN INTELLIGENCE 20,095 20,095 INFORMATION SECURITY 51 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 987 987 52 COMMUNICATIONS SECURITY (COMSEC) 126,273 126,273 53 DEFENSIVE CYBER OPERATIONS 27,389 31,489 Army UFR—Cybersecurity / IT Network Mapping [4,100] 56 SIO CAPABILITY 21,303 21,303 57 BIOMETRIC ENABLING CAPABILITY (BEC) 914 914 COMM—LONG HAUL COMMUNICATIONS 59 BASE SUPPORT COMMUNICATIONS 9,209 9,209 COMM—BASE COMMUNICATIONS 60 INFORMATION SYSTEMS 219,026 219,026 61 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,875 4,875 64 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 223,001 225,041 EUCOM UFR—Mission Partner Environment [2,040] ELECT EQUIP—TACT INT REL ACT (TIARA) 67 JTT/CIBS-M 5,463 5,463 68 TERRESTRIAL LAYER SYSTEMS (TLS) 39,240 39,240 70 DCGS-A-INTEL 92,613 119,563 Army UFR—Additional fixed node cloud servers [26,950] 71 JOINT TACTICAL GROUND STATION (JTAGS)-INTEL 8,088 8,088 72 TROJAN 30,828 30,828 73 MOD OF IN-SVC EQUIP (INTEL SPT) 39,039 39,039 74 BIOMETRIC TACTICAL COLLECTION DEVICES 11,097 11,097 ELECT EQUIP—ELECTRONIC WARFARE (EW) 76 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 783 783 77 AIR VIGILANCE (AV) 13,486 13,486 79 FAMILY OF PERSISTENT SURVEILLANCE CAP. 14,414 14,414 80 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 19,111 19,111 81 CI MODERNIZATION 421 421 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 82 SENTINEL MODS 47,642 47,642 83 NIGHT VISION DEVICES 1,092,341 822,575 Program reduction—IVAS early to need [–269,766] 84 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 21,103 21,103 85 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 6,153 6,153 86 FAMILY OF WEAPON SIGHTS (FWS) 184,145 184,145 87 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 2,371 2,371 88 FORWARD LOOKING INFRARED (IFLIR) 11,929 11,929 89 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 60,058 60,058 90 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 263,661 263,661 91 JOINT EFFECTS TARGETING SYSTEM (JETS) 62,082 62,082 93 COMPUTER BALLISTICS: LHMBC XM32 2,811 2,811 94 MORTAR FIRE CONTROL SYSTEM 17,236 17,236 95 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 2,830 2,830 96 COUNTERFIRE RADARS 31,694 31,694 ELECT EQUIP—TACTICAL C2 SYSTEMS 97 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( 49,410 49,410 98 FIRE SUPPORT C2 FAMILY 9,853 9,853 99 AIR & MSL DEFENSE PLANNING & CONTROL SYS 67,193 67,193 100 IAMD BATTLE COMMAND SYSTEM 301,872 301,872 101 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 5,182 5,182 102 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 31,349 31,349 104 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 11,271 11,271 105 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP 16,077 16,077 107 MOD OF IN-SVC EQUIPMENT (ENFIRE) 3,160 3,160 ELECT EQUIP—AUTOMATION 108 ARMY TRAINING MODERNIZATION 9,833 9,833 109 AUTOMATED DATA PROCESSING EQUIP 130,924 133,924 Army UFR—ATRRS unlimited data rights [3,000] 110 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 44,635 44,635 111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 1,452 1,452 112 HIGH PERF COMPUTING MOD PGM (HPCMP) 69,943 69,943 113 CONTRACT WRITING SYSTEM 16,957 16,957 114 CSS COMMUNICATIONS 73,110 73,110 115 RESERVE COMPONENT AUTOMATION SYS (RCAS) 12,905 12,905 ELECT EQUIP—SUPPORT 117 BCT EMERGING TECHNOLOGIES 13,835 13,835 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,304 18,304 CHEMICAL DEFENSIVE EQUIPMENT 119 BASE DEFENSE SYSTEMS (BDS) 62,295 62,295 120 CBRN DEFENSE 55,632 66,932 CNGB UFR—Man portable radiological detection system [11,300] BRIDGING EQUIPMENT 122 TACTICAL BRIDGING 9,625 9,625 123 TACTICAL BRIDGE, FLOAT-RIBBON 76,082 76,082 124 BRIDGE SUPPLEMENTAL SET 19,867 19,867 125 COMMON BRIDGE TRANSPORTER (CBT) RECAP 109,796 109,796 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 126 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,628 5,628 128 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 26,823 75,159 Army UFR—Additional HMDS [48,336] 131 ROBOTICS AND APPLIQUE SYSTEMS 124,233 134,237 Army UFR—Common Robotic System-Individual (CRS-I) [10,004] 132 RENDER SAFE SETS KITS OUTFITS 84,000 87,158 Army UFR—Additional render safe equipment [3,158] COMBAT SERVICE SUPPORT EQUIPMENT 134 HEATERS AND ECU'S 7,116 7,116 135 SOLDIER ENHANCEMENT 1,286 1,286 136 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 9,741 9,741 137 GROUND SOLDIER SYSTEM 150,244 150,244 138 MOBILE SOLDIER POWER 17,815 17,815 139 FORCE PROVIDER 28,860 28,860 140 FIELD FEEDING EQUIPMENT 2,321 2,321 141 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 40,240 40,240 142 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 36,163 36,163 PETROLEUM EQUIPMENT 144 QUALITY SURVEILLANCE EQUIPMENT 744 744 145 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 72,296 76,716 Army UFR—Modular Fuel System (MFS) [4,420] MEDICAL EQUIPMENT 146 COMBAT SUPPORT MEDICAL 122,145 122,145 MAINTENANCE EQUIPMENT 147 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 14,756 14,756 CONSTRUCTION EQUIPMENT 154 ALL TERRAIN CRANES 112,784 112,784 156 CONST EQUIP ESP 8,694 8,694 RAIL FLOAT CONTAINERIZATION EQUIPMENT 158 ARMY WATERCRAFT ESP 44,409 58,009 Army UFR—Landing Craft Utility modernization [13,600] 159 MANEUVER SUPPORT VESSEL (MSV) 76,660 76,660 GENERATORS 161 GENERATORS AND ASSOCIATED EQUIP 47,606 47,606 162 TACTICAL ELECTRIC POWER RECAPITALIZATION 10,500 10,500 MATERIAL HANDLING EQUIPMENT 163 FAMILY OF FORKLIFTS 13,325 13,325 TRAINING EQUIPMENT 164 COMBAT TRAINING CENTERS SUPPORT 79,565 79,565 165 TRAINING DEVICES, NONSYSTEM 174,644 174,644 166 SYNTHETIC TRAINING ENVIRONMENT (STE) 122,104 122,104 168 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 11,642 11,642 TEST MEASURE AND DIG EQUIPMENT (TMD) 170 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 42,934 42,934 172 TEST EQUIPMENT MODERNIZATION (TEMOD) 24,304 24,304 OTHER SUPPORT EQUIPMENT 174 PHYSICAL SECURITY SYSTEMS (OPA3) 86,930 86,930 175 BASE LEVEL COMMON EQUIPMENT 27,823 27,823 176 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 32,392 48,292 Expeditionary solid waste disposal system [15,900] 177 BUILDING, PRE-FAB, RELOCATABLE 32,227 32,227 179 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 76,917 76,917 OPA2 180 INITIAL SPARES—C&E 9,272 9,272 TOTAL OTHER PROCUREMENT, ARMY 8,873,558 8,880,492 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 1 F/A–18E/F (FIGHTER) HORNET 87,832 87,832 3 JOINT STRIKE FIGHTER CV 2,111,009 2,646,009 Navy UFR—Additional F–35C [535,000] 4 JOINT STRIKE FIGHTER CV 246,781 246,781 5 JSF STOVL 2,256,829 2,256,829 6 JSF STOVL 216,720 345,520 Marine Corps UFR—F–35 peculiar ground support equipment [128,800] 7 CH–53K (HEAVY LIFT) 1,286,296 1,536,296 Additional aircraft [250,000] 8 CH–53K (HEAVY LIFT) 182,871 182,871 9 V–22 (MEDIUM LIFT) 751,716 1,123,716 Marine Corps UFR—MV–22 nacelle maintenance stands [18,000] Marine Corps UFR—MV–22 support equipment [15,000] Marine Corps UFR—MV–22 tooling for WESTPAC [4,600] Navy UFR—Additional V–22B [334,400] 11 H–1 UPGRADES (UH–1Y/AH–1Z) 939 939 13 P–8A POSEIDON 44,595 44,595 14 E–2D ADV HAWKEYE 766,788 957,788 Navy UFR—Additional E–2D [191,000] 15 E–2D ADV HAWKEYE 118,095 118,095 TRAINER AIRCRAFT 16 ADVANCED HELICOPTER TRAINING SYSTEM 163,490 163,490 OTHER AIRCRAFT 17 KC–130J 520,787 1,055,987 Marine Corps UFR—KC–130J weapons system trainer [31,500] Marine Corps UFR—Replace KC–130J aircraft [197,900] Navy UFR—Additional C–130J–30 [305,800] 18 KC–130J 68,088 68,088 21 MQ–4 TRITON 160,151 483,151 Additional aircraft [323,000] 23 MQ–8 UAV 49,249 49,249 24 STUASL0 UAV 13,151 13,151 25 MQ–25 47,468 47,468 27 MARINE GROUP 5 UAS 233,686 293,686 Marine Corps UFR—Additional aircraft [40,000] Marine Corps UFR—Additional ground control stations [20,000] MODIFICATION OF AIRCRAFT 30 F–18 A-D UNIQUE 163,095 245,595 Marine Corps UFR—F–18 ALR–67(V)5 radar warning receiver [55,000] Marine Corps UFR—F–18C/D AESA radar upgrade [27,500] 31 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 482,899 482,899 32 MARINE GROUP 5 UAS SERIES 1,982 1,982 33 AEA SYSTEMS 23,296 23,296 34 AV–8 SERIES 17,882 17,882 35 INFRARED SEARCH AND TRACK (IRST) 138,827 138,827 36 ADVERSARY 143,571 155,971 Marine Corps UFR—Upgrade of current VMFT–401 adversary aircraft [12,400] 37 F–18 SERIES 327,571 327,571 38 H–53 SERIES 112,436 112,436 39 MH–60 SERIES 94,794 94,794 40 H–1 SERIES 124,194 124,194 41 EP–3 SERIES 28,848 28,848 42 E–2 SERIES 204,826 204,826 43 TRAINER A/C SERIES 7,849 7,849 44 C–2A 2,843 2,843 45 C–130 SERIES 145,610 145,610 46 FEWSG 734 734 47 CARGO/TRANSPORT A/C SERIES 10,682 10,682 48 E–6 SERIES 128,029 128,029 49 EXECUTIVE HELICOPTERS SERIES 45,326 45,326 51 T–45 SERIES 158,772 158,772 52 POWER PLANT CHANGES 24,915 24,915 53 JPATS SERIES 22,955 22,955 54 AVIATION LIFE SUPPORT MODS 2,477 2,477 55 COMMON ECM EQUIPMENT 119,574 127,174 Marine Corps UFR—F–18 ALE–39 to ALE–47 retrofit [7,600] 56 COMMON AVIONICS CHANGES 118,839 118,839 57 COMMON DEFENSIVE WEAPON SYSTEM 5,476 5,476 58 ID SYSTEMS 13,154 13,154 59 P–8 SERIES 131,298 161,998 Navy UFR—P–8A Inc III kits [30,700] 60 MAGTF EW FOR AVIATION 29,151 35,451 Marine Corps UFR—Increase EW of AN/ALQ–231(V)3 [6,300] 61 MQ–8 SERIES 31,624 31,624 62 V–22 (TILT/ROTOR ACFT) OSPREY 312,835 352,135 Marine Corps UFR—MV–22 Mesh Network Manager [39,300] 63 NEXT GENERATION JAMMER (NGJ) 266,676 266,676 64 F–35 STOVL SERIES 177,054 177,054 65 F–35 CV SERIES 138,269 138,269 66 QRC 98,563 98,563 67 MQ–4 SERIES 7,100 7,100 68 RQ–21 SERIES 14,123 14,123 AIRCRAFT SPARES AND REPAIR PARTS 72 SPARES AND REPAIR PARTS 2,339,077 2,466,977 Marine Corps UFR—F–35B engine spares [117,800] Marine Corps UFR—KC–130J initial spares [7,000] Marine Corps UFR—KC–130J weapons system trainer initial spares [3,100] AIRCRAFT SUPPORT EQUIP & FACILITIES 73 COMMON GROUND EQUIPMENT 517,267 517,267 74 AIRCRAFT INDUSTRIAL FACILITIES 80,500 80,500 75 WAR CONSUMABLES 42,496 42,496 76 OTHER PRODUCTION CHARGES 21,374 21,374 77 SPECIAL SUPPORT EQUIPMENT 271,774 271,774 TOTAL AIRCRAFT PROCUREMENT, NAVY 16,477,178 19,178,878 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 1 TRIDENT II MODS 1,144,446 1,144,446 SUPPORT EQUIPMENT & FACILITIES 2 MISSILE INDUSTRIAL FACILITIES 7,319 7,319 STRATEGIC MISSILES 3 TOMAHAWK 124,513 124,513 TACTICAL MISSILES 5 SIDEWINDER 86,366 86,366 6 STANDARD MISSILE 521,814 521,814 7 STANDARD MISSILE 45,357 45,357 8 JASSM 37,039 37,039 9 SMALL DIAMETER BOMB II 40,877 40,877 10 RAM 92,981 92,981 11 JOINT AIR GROUND MISSILE (JAGM) 49,702 49,702 12 HELLFIRE 7,557 7,557 13 AERIAL TARGETS 150,339 150,339 14 DRONES AND DECOYS 30,321 30,321 15 OTHER MISSILE SUPPORT 3,474 16,074 Marine Corps UFR—AGM–167A Griffin [12,600] 16 LRASM 161,212 161,212 17 NAVAL STRIKE MISSILE (NSM) 59,331 113,231 Navy UFR—Additional NSM [53,900] MODIFICATION OF MISSILES 18 TOMAHAWK MODS 206,233 206,233 19 ESSM 248,619 248,619 21 AARGM 116,345 116,345 22 STANDARD MISSILES MODS 148,834 148,834 SUPPORT EQUIPMENT & FACILITIES 23 WEAPONS INDUSTRIAL FACILITIES 1,819 1,819 ORDNANCE SUPPORT EQUIPMENT 26 ORDNANCE SUPPORT EQUIPMENT 191,905 191,905 TORPEDOES AND RELATED EQUIP 27 SSTD 4,545 4,545 28 MK–48 TORPEDO 159,107 209,007 Navy UFR—Heavyweight Torpedo (HWT) quantity increase [49,900] 29 ASW TARGETS 13,630 13,630 MOD OF TORPEDOES AND RELATED EQUIP 30 MK–54 TORPEDO MODS 106,112 106,112 31 MK–48 TORPEDO ADCAP MODS 35,680 35,680 32 MARITIME MINES 8,567 8,567 SUPPORT EQUIPMENT 33 TORPEDO SUPPORT EQUIPMENT 93,400 93,400 34 ASW RANGE SUPPORT 3,997 3,997 DESTINATION TRANSPORTATION 35 FIRST DESTINATION TRANSPORTATION 4,023 4,023 GUNS AND GUN MOUNTS 36 SMALL ARMS AND WEAPONS 14,909 14,909 MODIFICATION OF GUNS AND GUN MOUNTS 37 CIWS MODS 6,274 6,274 38 COAST GUARD WEAPONS 45,958 45,958 39 GUN MOUNT MODS 68,775 68,775 40 LCS MODULE WEAPONS 2,121 2,121 41 AIRBORNE MINE NEUTRALIZATION SYSTEMS 14,822 14,822 SPARES AND REPAIR PARTS 43 SPARES AND REPAIR PARTS 162,382 166,682 Navy UFR—Maritime outfitting and interim spares [4,300] TOTAL WEAPONS PROCUREMENT, NAVY 4,220,705 4,341,405 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS 48,635 48,635 2 JDAM 74,140 74,140 3 AIRBORNE ROCKETS, ALL TYPES 75,383 75,383 4 MACHINE GUN AMMUNITION 11,215 11,215 5 PRACTICE BOMBS 52,225 52,225 6 CARTRIDGES & CART ACTUATED DEVICES 70,876 70,876 7 AIR EXPENDABLE COUNTERMEASURES 61,600 103,200 Marine Corps UFR—Additional units [41,600] 8 JATOS 6,620 6,620 9 5 INCH/54 GUN AMMUNITION 28,922 28,922 10 INTERMEDIATE CALIBER GUN AMMUNITION 36,038 36,038 11 OTHER SHIP GUN AMMUNITION 39,070 39,070 12 SMALL ARMS & LANDING PARTY AMMO 45,493 45,493 13 PYROTECHNIC AND DEMOLITION 9,163 9,163 15 AMMUNITION LESS THAN $5 MILLION 1,575 1,575 MARINE CORPS AMMUNITION 16 MORTARS 50,707 50,707 17 DIRECT SUPPORT MUNITIONS 120,037 120,037 18 INFANTRY WEAPONS AMMUNITION 94,001 94,001 19 COMBAT SUPPORT MUNITIONS 35,247 35,247 20 AMMO MODERNIZATION 16,267 16,267 21 ARTILLERY MUNITIONS 105,669 105,669 22 ITEMS LESS THAN $5 MILLION 5,135 5,135 TOTAL PROCUREMENT OF AMMO, NAVY & MC 988,018 1,029,618 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 1 OHIO REPLACEMENT SUBMARINE 3,003,000 3,003,000 2 OHIO REPLACEMENT SUBMARINE 1,643,980 1,773,980 Submarine industrial base development [130,000] OTHER WARSHIPS 3 CARRIER REPLACEMENT PROGRAM 1,068,705 1,068,705 4 CVN–81 1,299,764 1,299,764 5 VIRGINIA CLASS SUBMARINE 4,249,240 4,249,240 6 VIRGINIA CLASS SUBMARINE 2,120,407 2,120,407 7 CVN REFUELING OVERHAULS 2,456,018 2,456,018 8 CVN REFUELING OVERHAULS 66,262 66,262 9 DDG 1000 56,597 71,597 Navy UFR—DDG–1001 combat system activation [15,000] 10 DDG–51 2,016,787 3,675,787 Navy UFR—Arleigh Burke-class destroyer DDG–51 [1,659,000] 11 DDG–51 AP 0 175,000 FY23 3rd DDG LLTM [125,000] Surface combatant supplier base [50,000] 13 FFG-FRIGATE 1,087,900 1,087,900 14 FFG-FRIGATE 69,100 69,100 AMPHIBIOUS SHIPS 15 LPD FLIGHT II 60,636 60,636 16 LPD FLIGHT II 0 250,000 Program increase [250,000] 19 LHA REPLACEMENT 68,637 418,637 Program increase [350,000] 20 EXPEDITIONARY FAST TRANSPORT (EPF) 0 270,000 Program increase [270,000] AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 21 TAO FLEET OILER 668,184 668,184 22 TAO FLEET OILER 76,012 76,012 23 TAGOS SURTASS SHIPS 434,384 434,384 24 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 183,800 183,800 25 LCU 1700 67,928 67,928 26 OUTFITTING 655,707 655,707 27 SHIP TO SHORE CONNECTOR 156,738 156,738 28 SERVICE CRAFT 67,866 67,866 29 LCAC SLEP 32,712 32,712 30 AUXILIARY VESSELS (USED SEALIFT) 299,900 0 Program reduction [–299,900] 31 COMPLETION OF PY SHIPBUILDING PROGRAMS 660,795 660,795 TOTAL SHIPBUILDING AND CONVERSION, NAVY 22,571,059 25,120,159 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 1 SURFACE POWER EQUIPMENT 41,414 41,414 GENERATORS 2 SURFACE COMBATANT HM&E 83,746 83,746 NAVIGATION EQUIPMENT 3 OTHER NAVIGATION EQUIPMENT 72,300 72,300 OTHER SHIPBOARD EQUIPMENT 4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 234,932 234,932 5 DDG MOD 583,136 583,136 6 FIREFIGHTING EQUIPMENT 15,040 15,040 7 COMMAND AND CONTROL SWITCHBOARD 2,194 2,194 8 LHA/LHD MIDLIFE 133,627 133,627 9 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 4,387 4,387 10 POLLUTION CONTROL EQUIPMENT 18,159 18,159 11 SUBMARINE SUPPORT EQUIPMENT 88,284 88,284 12 VIRGINIA CLASS SUPPORT EQUIPMENT 22,669 22,669 13 LCS CLASS SUPPORT EQUIPMENT 9,640 9,640 14 SUBMARINE BATTERIES 21,834 21,834 15 LPD CLASS SUPPORT EQUIPMENT 34,292 34,292 16 DDG 1000 CLASS SUPPORT EQUIPMENT 126,107 126,107 17 STRATEGIC PLATFORM SUPPORT EQUIP 12,256 12,256 18 DSSP EQUIPMENT 10,682 10,682 19 CG MODERNIZATION 156,951 193,651 Navy UFR—CG Modernization Pricing [36,700] 20 LCAC 21,314 21,314 21 UNDERWATER EOD EQUIPMENT 24,146 24,146 22 ITEMS LESS THAN $5 MILLION 84,789 84,789 23 CHEMICAL WARFARE DETECTORS 2,997 2,997 REACTOR PLANT EQUIPMENT 25 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 1,307,651 1,475,051 Navy UFR—A–120 availability [167,400] 26 REACTOR POWER UNITS 3,270 3,270 27 REACTOR COMPONENTS 438,729 438,729 OCEAN ENGINEERING 28 DIVING AND SALVAGE EQUIPMENT 10,772 10,772 SMALL BOATS 29 STANDARD BOATS 58,770 58,770 PRODUCTION FACILITIES EQUIPMENT 30 OPERATING FORCES IPE 168,822 168,822 OTHER SHIP SUPPORT 31 LCS COMMON MISSION MODULES EQUIPMENT 74,231 74,231 32 LCS MCM MISSION MODULES 40,630 40,630 33 LCS ASW MISSION MODULES 1,565 1,565 34 LCS SUW MISSION MODULES 3,395 3,395 35 LCS IN-SERVICE MODERNIZATION 122,591 122,591 36 SMALL & MEDIUM UUV 32,534 32,534 SHIP SONARS 38 SPQ–9B RADAR 15,927 15,927 39 AN/SQQ–89 SURF ASW COMBAT SYSTEM 131,829 131,829 40 SSN ACOUSTIC EQUIPMENT 379,850 379,850 41 UNDERSEA WARFARE SUPPORT EQUIPMENT 13,965 13,965 ASW ELECTRONIC EQUIPMENT 42 SUBMARINE ACOUSTIC WARFARE SYSTEM 24,578 24,578 43 SSTD 11,010 11,010 44 FIXED SURVEILLANCE SYSTEM 363,651 363,651 45 SURTASS 67,500 67,500 ELECTRONIC WARFARE EQUIPMENT 46 AN/SLQ–32 370,559 370,559 RECONNAISSANCE EQUIPMENT 47 SHIPBOARD IW EXPLOIT 261,735 261,735 48 AUTOMATED IDENTIFICATION SYSTEM (AIS) 3,777 3,777 OTHER SHIP ELECTRONIC EQUIPMENT 49 COOPERATIVE ENGAGEMENT CAPABILITY 24,641 61,541 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [23,600] Navy UFR—Maritime outfitting and interim spares [13,300] 50 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 14,439 16,639 Navy UFR—Naval Operational Business Logistics Enterprise (NOBLE) [2,200] 51 ATDLS 101,595 101,595 52 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,535 3,535 53 MINESWEEPING SYSTEM REPLACEMENT 15,640 15,640 54 SHALLOW WATER MCM 5,610 5,610 55 NAVSTAR GPS RECEIVERS (SPACE) 33,097 33,097 56 AMERICAN FORCES RADIO AND TV SERVICE 2,513 2,513 57 STRATEGIC PLATFORM SUPPORT EQUIP 4,823 4,823 AVIATION ELECTRONIC EQUIPMENT 58 ASHORE ATC EQUIPMENT 83,464 83,464 59 AFLOAT ATC EQUIPMENT 67,055 67,055 60 ID SYSTEMS 46,918 46,918 61 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 35,386 35,386 62 NAVAL MISSION PLANNING SYSTEMS 17,951 17,951 OTHER SHORE ELECTRONIC EQUIPMENT 63 MARITIME INTEGRATED BROADCAST SYSTEM 2,360 2,360 64 TACTICAL/MOBILE C4I SYSTEMS 18,919 18,919 65 DCGS-N 16,691 16,691 66 CANES 412,002 460,002 Navy UFR—Resilient Communications PNT for Combat Logistics Fleet (CLF) [48,000] 67 RADIAC 9,074 9,074 68 CANES-INTELL 51,593 51,593 69 GPETE 23,930 23,930 70 MASF 8,795 8,795 71 INTEG COMBAT SYSTEM TEST FACILITY 5,829 5,829 72 EMI CONTROL INSTRUMENTATION 3,925 3,925 73 ITEMS LESS THAN $5 MILLION 156,042 181,242 Navy UFR—CVN–78 Dual Band Radar and DDG–1000 Multifunction Radar: Signal Data Processor Tech Refresh and Obsolete Component Redesign [25,200] SHIPBOARD COMMUNICATIONS 74 SHIPBOARD TACTICAL COMMUNICATIONS 43,212 43,212 75 SHIP COMMUNICATIONS AUTOMATION 90,724 101,224 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [5,500] Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) [5,000] 76 COMMUNICATIONS ITEMS UNDER $5M 44,447 44,447 SUBMARINE COMMUNICATIONS 77 SUBMARINE BROADCAST SUPPORT 47,579 47,579 78 SUBMARINE COMMUNICATION EQUIPMENT 64,642 64,642 SATELLITE COMMUNICATIONS 79 SATELLITE COMMUNICATIONS SYSTEMS 38,636 38,636 80 NAVY MULTIBAND TERMINAL (NMT) 34,723 34,723 SHORE COMMUNICATIONS 81 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 2,651 2,651 CRYPTOGRAPHIC EQUIPMENT 82 INFO SYSTEMS SECURITY PROGRAM (ISSP) 146,879 146,879 83 MIO INTEL EXPLOITATION TEAM 977 977 CRYPTOLOGIC EQUIPMENT 84 CRYPTOLOGIC COMMUNICATIONS EQUIP 17,809 17,809 OTHER ELECTRONIC SUPPORT 92 COAST GUARD EQUIPMENT 63,214 63,214 SONOBUOYS 94 SONOBUOYS—ALL TYPES 249,121 303,521 Navy UFR—Additional sonobuoys [54,400] AIRCRAFT SUPPORT EQUIPMENT 95 MINOTAUR 4,963 4,963 96 WEAPONS RANGE SUPPORT EQUIPMENT 98,898 98,898 97 AIRCRAFT SUPPORT EQUIPMENT 178,647 178,647 98 ADVANCED ARRESTING GEAR (AAG) 22,265 22,265 99 METEOROLOGICAL EQUIPMENT 13,687 13,687 100 LEGACY AIRBORNE MCM 4,446 4,446 101 LAMPS EQUIPMENT 1,470 1,470 102 AVIATION SUPPORT EQUIPMENT 70,665 70,665 103 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 86,584 86,584 SHIP GUN SYSTEM EQUIPMENT 104 SHIP GUN SYSTEMS EQUIPMENT 5,536 5,536 SHIP MISSILE SYSTEMS EQUIPMENT 105 HARPOON SUPPORT EQUIPMENT 204 204 106 SHIP MISSILE SUPPORT EQUIPMENT 237,987 280,487 Navy UFR—Additional OTH-WS [42,500] 107 TOMAHAWK SUPPORT EQUIPMENT 88,726 88,726 FBM SUPPORT EQUIPMENT 108 STRATEGIC MISSILE SYSTEMS EQUIP 281,259 281,259 ASW SUPPORT EQUIPMENT 109 SSN COMBAT CONTROL SYSTEMS 143,289 143,289 110 ASW SUPPORT EQUIPMENT 30,595 30,595 OTHER ORDNANCE SUPPORT EQUIPMENT 111 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 1,721 1,721 112 ITEMS LESS THAN $5 MILLION 8,746 8,746 OTHER EXPENDABLE ORDNANCE 113 ANTI-SHIP MISSILE DECOY SYSTEM 76,994 76,994 114 SUBMARINE TRAINING DEVICE MODS 75,813 75,813 115 SURFACE TRAINING EQUIPMENT 127,814 127,814 CIVIL ENGINEERING SUPPORT EQUIPMENT 116 PASSENGER CARRYING VEHICLES 4,140 4,140 117 GENERAL PURPOSE TRUCKS 2,805 2,805 118 CONSTRUCTION & MAINTENANCE EQUIP 48,403 48,403 119 FIRE FIGHTING EQUIPMENT 15,084 15,084 120 TACTICAL VEHICLES 27,400 27,400 121 POLLUTION CONTROL EQUIPMENT 2,607 2,607 122 ITEMS LESS THAN $5 MILLION 51,963 51,963 123 PHYSICAL SECURITY VEHICLES 1,165 1,165 SUPPLY SUPPORT EQUIPMENT 124 SUPPLY EQUIPMENT 24,698 24,698 125 FIRST DESTINATION TRANSPORTATION 5,385 5,385 126 SPECIAL PURPOSE SUPPLY SYSTEMS 660,750 660,750 TRAINING DEVICES 127 TRAINING SUPPORT EQUIPMENT 3,465 3,465 128 TRAINING AND EDUCATION EQUIPMENT 60,114 60,114 COMMAND SUPPORT EQUIPMENT 129 COMMAND SUPPORT EQUIPMENT 31,007 31,007 130 MEDICAL SUPPORT EQUIPMENT 7,346 26,146 Navy UFR—Expeditionary medical readiness [18,800] 132 NAVAL MIP SUPPORT EQUIPMENT 2,887 2,887 133 OPERATING FORCES SUPPORT EQUIPMENT 12,815 12,815 134 C4ISR EQUIPMENT 6,324 6,324 135 ENVIRONMENTAL SUPPORT EQUIPMENT 25,098 25,098 136 PHYSICAL SECURITY EQUIPMENT 110,647 110,647 137 ENTERPRISE INFORMATION TECHNOLOGY 31,709 31,709 OTHER 141 NEXT GENERATION ENTERPRISE SERVICE 41 41 142 CYBERSPACE ACTIVITIES 12,859 12,859 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 19,808 19,808 SPARES AND REPAIR PARTS 143 SPARES AND REPAIR PARTS 424,405 626,005 Navy UFR—DDG–1000 and CVN–78 Dual Band Radar spares [108,900] Navy UFR—Maritime outfitting and interim spares [92,700] TOTAL OTHER PROCUREMENT, NAVY 10,875,912 11,520,112 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 1 AAV7A1 PIP 36,836 36,836 2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 532,355 532,355 3 LAV PIP 23,476 23,476 ARTILLERY AND OTHER WEAPONS 4 155MM LIGHTWEIGHT TOWED HOWITZER 32 32 5 ARTILLERY WEAPONS SYSTEM 67,548 221,348 Marine Corps UFR—Ground-launched anti-ship missiles [57,800] Marine Corps UFR—Ground-launched long range fires [96,000] 6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 35,402 35,402 GUIDED MISSILES 8 GROUND BASED AIR DEFENSE 9,349 9,349 9 ANTI-ARMOR MISSILE-JAVELIN 937 937 10 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 20,481 20,481 11 ANTI-ARMOR MISSILE-TOW 14,359 14,359 12 GUIDED MLRS ROCKET (GMLRS) 98,299 98,299 COMMAND AND CONTROL SYSTEMS 13 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 18,247 18,247 REPAIR AND TEST EQUIPMENT 14 REPAIR AND TEST EQUIPMENT 33,554 33,554 OTHER SUPPORT (TEL) 15 MODIFICATION KITS 167 167 COMMAND AND CONTROL SYSTEM (NON-TEL) 16 ITEMS UNDER $5 MILLION (COMM & ELEC) 64,879 133,779 Marine Corps UFR—Fly-Away Broadcast System [9,000] Marine Corps UFR—INOD Block III long-range sight [16,900] Marine Corps UFR—Squad binocular night vision goggle [43,000] 17 AIR OPERATIONS C2 SYSTEMS 1,291 3,291 Marine Corps UFR—CEC (AN/USG–4B) [2,000] RADAR + EQUIPMENT (NON-TEL) 19 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 297,369 645,369 Marine Corps UFR—Additional G/ATOR units [304,000] Marine Corps UFR—Additional radar retrofit kits and FRP systems [44,000] INTELL/COMM EQUIPMENT (NON-TEL) 20 GCSS-MC 604 604 21 FIRE SUPPORT SYSTEM 39,810 39,810 22 INTELLIGENCE SUPPORT EQUIPMENT 67,309 72,909 Marine Corps UFR—SCINet equipment [5,600] 24 UNMANNED AIR SYSTEMS (INTEL) 24,299 24,299 25 DCGS-MC 28,633 28,633 26 UAS PAYLOADS 3,730 3,730 OTHER SUPPORT (NON-TEL) 29 NEXT GENERATION ENTERPRISE NETWORK (NGEN) 97,060 116,060 Marine Corps UFR—Network infrastructure compliance/NGEN [19,000] 30 COMMON COMPUTER RESOURCES 83,606 97,406 Marine Corps UFR—MC Hardware Suite End User Devices refresh [6,300] Marine Corps UFR—Secure Operational Network Infrastructure and Communications modernization [7,500] 31 COMMAND POST SYSTEMS 53,708 53,708 32 RADIO SYSTEMS 468,678 468,678 33 COMM SWITCHING & CONTROL SYSTEMS 49,600 49,600 34 COMM & ELEC INFRASTRUCTURE SUPPORT 110,835 116,635 Marine Corps UFR—Base telecommunications equipment upgrades [5,800] 35 CYBERSPACE ACTIVITIES 25,377 46,577 Marine Corps UFR—Defensive Cyber Ops-Internal Defensive Measures suites [21,200] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 4,034 4,034 ADMINISTRATIVE VEHICLES 38 COMMERCIAL CARGO VEHICLES 17,848 17,848 TACTICAL VEHICLES 39 MOTOR TRANSPORT MODIFICATIONS 23,363 23,363 40 JOINT LIGHT TACTICAL VEHICLE 322,013 322,013 42 TRAILERS 9,876 9,876 ENGINEER AND OTHER EQUIPMENT 44 TACTICAL FUEL SYSTEMS 2,161 2,161 45 POWER EQUIPMENT ASSORTED 26,625 26,625 46 AMPHIBIOUS SUPPORT EQUIPMENT 17,119 17,119 47 EOD SYSTEMS 94,472 107,672 Marine Corps UFR—BCWD/UnSAT/Explosive Hazard Defeat Systems [7,800] Marine Corps UFR—ENFIRE/Explosive Hazard Defeat Systems [5,400] MATERIALS HANDLING EQUIPMENT 48 PHYSICAL SECURITY EQUIPMENT 84,513 84,513 GENERAL PROPERTY 49 FIELD MEDICAL EQUIPMENT 8,105 8,105 50 TRAINING DEVICES 37,814 37,814 51 FAMILY OF CONSTRUCTION EQUIPMENT 34,658 50,458 Marine Corps UFR—All-terrain crane [10,800] Marine Corps UFR—Rough terrain container handler [5,000] 52 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 15,439 15,439 OTHER SUPPORT 53 ITEMS LESS THAN $5 MILLION 4,402 15,002 Marine Corps UFR—Lightweight water purification system [10,600] SPARES AND REPAIR PARTS 54 SPARES AND REPAIR PARTS 32,819 32,819 TOTAL PROCUREMENT, MARINE CORPS 3,043,091 3,720,791 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 1 B–21 RAIDER 108,027 108,027 TACTICAL FORCES 2 F–35 4,167,604 4,427,604 Air Force UFR—F–35 power modules [175,000] Program increase [85,000] 3 F–35 352,632 352,632 5 F–15EX 1,186,903 1,762,903 Air Force UFR—Additional aircraft, spares, support equipment [576,000] 6 F–15EX 147,919 147,919 TACTICAL AIRLIFT 7 KC–46A MDAP 2,380,315 2,380,315 OTHER AIRLIFT 8 C–130J 128,896 128,896 9 MC–130J 220,049 220,049 UPT TRAINERS 11 ADVANCED TRAINER REPLACEMENT T-X 10,397 10,397 HELICOPTERS 12 MH–139A 0 75,000 Program increase [75,000] 13 COMBAT RESCUE HELICOPTER 792,221 792,221 MISSION SUPPORT AIRCRAFT 16 CIVIL AIR PATROL A/C 2,813 2,813 OTHER AIRCRAFT 17 TARGET DRONES 116,169 116,169 19 E–11 BACN/HAG 124,435 124,435 21 MQ–9 3,288 103,288 Additional aircraft [100,000] STRATEGIC AIRCRAFT 23 B–2A 29,944 29,944 24 B–1B 30,518 30,518 25 B–52 82,820 86,820 B–52 training system [4,000] 26 COMBAT RESCUE HELICOPTER 61,191 61,191 27 LARGE AIRCRAFT INFRARED COUNTERMEASURES 57,001 57,001 TACTICAL AIRCRAFT 28 A–10 83,621 83,621 29 E–11 BACN/HAG 68,955 68,955 30 F–15 234,340 234,340 31 F–16 613,166 638,166 F–16 AESAs [25,000] 32 F–22A 424,722 424,722 33 F–35 MODIFICATIONS 304,135 1,974,885 F–35 upgrades to Block 4 [1,670,750] 34 F–15 EPAW 149,797 149,797 36 KC–46A MDAP 1,984 1,984 AIRLIFT AIRCRAFT 37 C–5 25,431 25,431 38 C–17A 59,570 59,570 40 C–32A 1,949 1,949 41 C–37A 5,984 5,984 TRAINER AIRCRAFT 42 GLIDER MODS 142 142 43 T–6 8,735 8,735 44 T–1 3,872 3,872 45 T–38 49,851 49,851 OTHER AIRCRAFT 46 U–2 MODS 126,809 126,809 47 KC–10A (ATCA) 1,902 1,902 49 VC–25A MOD 96 96 50 C–40 262 262 51 C–130 29,071 29,071 52 C–130J MODS 110,784 110,784 53 C–135 61,376 61,376 54 COMPASS CALL 195,098 270,098 Air Force UFR—Additional spare engines [75,000] 56 RC–135 207,596 207,596 57 E–3 109,855 109,855 58 E–4 19,081 19,081 59 E–8 16,312 16,312 60 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 30,327 30,327 62 H–1 1,533 1,533 63 H–60 13,709 13,709 64 RQ–4 MODS 3,205 3,205 65 HC/MC–130 MODIFICATIONS 150,263 150,263 66 OTHER AIRCRAFT 54,828 54,828 67 MQ–9 MODS 144,287 144,287 68 MQ–9 UAS PAYLOADS 40,800 40,800 69 SENIOR LEADER C3, SYSTEM—AIRCRAFT 23,554 23,554 70 CV–22 MODS 158,162 240,562 SOCOM UFR—CV–22 reliability acceleration [82,400] AIRCRAFT SPARES AND REPAIR PARTS 71 INITIAL SPARES/REPAIR PARTS 915,710 915,710 COMMON SUPPORT EQUIPMENT 72 AIRCRAFT REPLACEMENT SUPPORT EQUIP 138,761 138,761 POST PRODUCTION SUPPORT 73 B–2A 1,651 1,651 74 B–2B 38,811 38,811 75 B–52 5,602 5,602 78 F–15 2,324 2,324 79 F–16 10,456 10,456 81 RQ–4 POST PRODUCTION CHARGES 24,592 24,592 INDUSTRIAL PREPAREDNESS 82 INDUSTRIAL RESPONSIVENESS 18,110 18,110 WAR CONSUMABLES 83 WAR CONSUMABLES 35,866 35,866 OTHER PRODUCTION CHARGES 84 OTHER PRODUCTION CHARGES 979,388 979,388 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 18,092 18,092 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 15,727,669 18,595,819 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 1 MISSILE REPLACEMENT EQ-BALLISTIC 57,793 57,793 BALLISTIC MISSILES 2 GROUND BASED STRATEGIC DETERRENT 8,895 8,895 TACTICAL 3 REPLAC EQUIP & WAR CONSUMABLES 7,681 7,681 4 AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON 160,850 160,850 6 JOINT AIR-SURFACE STANDOFF MISSILE 710,550 710,550 8 SIDEWINDER (AIM–9X) 107,587 107,587 9 AMRAAM 214,002 214,002 10 PREDATOR HELLFIRE MISSILE 103,684 103,684 11 SMALL DIAMETER BOMB 82,819 82,819 12 SMALL DIAMETER BOMB II 294,649 294,649 INDUSTRIAL FACILITIES 13 INDUSTR'L PREPAREDNS/POL PREVENTION 757 757 CLASS IV 15 ICBM FUZE MOD 53,013 65,263 Realignment of funds [12,250] 16 ICBM FUZE MOD 47,757 35,507 Realignment of funds [–12,250] 17 MM III MODIFICATIONS 88,579 88,579 19 AIR LAUNCH CRUISE MISSILE (ALCM) 46,799 46,799 MISSILE SPARES AND REPAIR PARTS 20 MSL SPRS/REPAIR PARTS (INITIAL) 16,212 16,212 21 MSL SPRS/REPAIR PARTS (REPLEN) 63,547 63,547 22 INITIAL SPARES/REPAIR PARTS 4,045 4,045 SPECIAL PROGRAMS 27 SPECIAL UPDATE PROGRAMS 30,352 30,352 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 570,240 570,240 TOTAL MISSILE PROCUREMENT, AIR FORCE 2,669,811 2,669,811 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 2 AF SATELLITE COMM SYSTEM 43,655 43,655 3 COUNTERSPACE SYSTEMS 64,804 64,804 4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 39,444 39,444 5 GENERAL INFORMATION TECH—SPACE 3,316 13,116 Space Force UFR—Long duration propulsive national security space launch secondary payload adapter [8,000] Space Force UFR—Modernize space aggressor equipment [1,800] 6 GPSIII FOLLOW ON 601,418 601,418 7 GPS III SPACE SEGMENT 84,452 84,452 8 GLOBAL POSTIONING (SPACE) 2,274 2,274 9 HERITAGE TRANSITION 13,529 13,529 10 SPACEBORNE EQUIP (COMSEC) 26,245 48,945 Space Force UFR—Space-rated crypto devices to support launch [22,700] 11 MILSATCOM 24,333 24,333 12 SBIR HIGH (SPACE) 154,526 154,526 13 SPECIAL SPACE ACTIVITIES 142,188 142,188 14 MOBILE USER OBJECTIVE SYSTEM 45,371 45,371 15 NATIONAL SECURITY SPACE LAUNCH 1,337,347 1,337,347 16 NUDET DETECTION SYSTEM 6,690 6,690 17 PTES HUB 7,406 7,406 18 ROCKET SYSTEMS LAUNCH PROGRAM 10,429 10,429 20 SPACE MODS 64,371 64,371 21 SPACELIFT RANGE SYSTEM SPACE 93,774 93,774 SPARES 22 SPARES AND REPAIR PARTS 1,282 1,282 TOTAL PROCUREMENT, SPACE FORCE 2,766,854 2,799,354 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 1 ROCKETS 36,597 36,597 CARTRIDGES 2 CARTRIDGES 169,163 169,163 BOMBS 3 PRACTICE BOMBS 48,745 48,745 4 GENERAL PURPOSE BOMBS 176,565 176,565 5 MASSIVE ORDNANCE PENETRATOR (MOP) 15,500 15,500 6 JOINT DIRECT ATTACK MUNITION 124,102 124,102 7 B–61 2,709 2,709 OTHER ITEMS 8 CAD/PAD 47,210 47,210 9 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,151 6,151 10 SPARES AND REPAIR PARTS 535 535 11 MODIFICATIONS 292 292 12 ITEMS LESS THAN $5,000,000 9,164 9,164 FLARES 13 FLARES 95,297 95,297 FUZES 14 FUZES 50,795 50,795 SMALL ARMS 15 SMALL ARMS 12,343 12,343 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 795,168 795,168 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 1 PASSENGER CARRYING VEHICLES 8,448 8,448 CARGO AND UTILITY VEHICLES 2 MEDIUM TACTICAL VEHICLE 5,804 5,804 3 CAP VEHICLES 1,066 1,066 4 CARGO AND UTILITY VEHICLES 57,459 61,959 CNGB UFR—Security forces utility task vehicle [4,500] SPECIAL PURPOSE VEHICLES 5 JOINT LIGHT TACTICAL VEHICLE 97,326 97,326 6 SECURITY AND TACTICAL VEHICLES 488 488 7 SPECIAL PURPOSE VEHICLES 75,694 81,094 CNGB UFR—Temperature control trailers [5,400] FIRE FIGHTING EQUIPMENT 8 FIRE FIGHTING/CRASH RESCUE VEHICLES 12,525 12,525 MATERIALS HANDLING EQUIPMENT 9 MATERIALS HANDLING VEHICLES 34,933 34,933 BASE MAINTENANCE SUPPORT 10 RUNWAY SNOW REMOV AND CLEANING EQU 9,134 9,134 11 BASE MAINTENANCE SUPPORT VEHICLES 111,820 111,820 COMM SECURITY EQUIPMENT(COMSEC) 13 COMSEC EQUIPMENT 66,022 66,022 14 STRATEGIC MICROELECTRONIC SUPPLY SYSTEM 885,051 885,051 INTELLIGENCE PROGRAMS 15 INTERNATIONAL INTEL TECH & ARCHITECTURES 5,809 5,809 16 INTELLIGENCE TRAINING EQUIPMENT 5,719 5,719 17 INTELLIGENCE COMM EQUIPMENT 25,844 25,844 ELECTRONICS PROGRAMS 18 AIR TRAFFIC CONTROL & LANDING SYS 44,516 52,516 Air Force UFR—Build command and control framework [8,000] 19 BATTLE CONTROL SYSTEM—FIXED 2,940 2,940 20 THEATER AIR CONTROL SYS IMPROVEMEN 43,442 47,842 EUCOM UFR—Air base air defens ops center [4,400] 21 3D EXPEDITIONARY LONG-RANGE RADAR 96,186 248,186 Air Force UFR—Build command and control framework [152,000] 22 WEATHER OBSERVATION FORECAST 32,376 32,976 Space Force UFR—Thule Air Base wind profiler [600] 23 STRATEGIC COMMAND AND CONTROL 37,950 37,950 24 CHEYENNE MOUNTAIN COMPLEX 8,258 8,258 25 MISSION PLANNING SYSTEMS 14,717 14,717 SPCL COMM-ELECTRONICS PROJECTS 27 GENERAL INFORMATION TECHNOLOGY 43,917 88,247 EUCOM UFR—Mission Partner Environment [13,800] INDOPACOM UFR—Mission Partner Environment [30,530] 28 AF GLOBAL COMMAND & CONTROL SYS 414 414 30 MOBILITY COMMAND AND CONTROL 10,619 10,619 31 AIR FORCE PHYSICAL SECURITY SYSTEM 101,896 116,797 EUCOM UFR—Counter-UAS for UASFE installations [1,241] EUCOM UFR—Sensors for air base air defense [11,660] Space Force UFR—Maui Optical Site security system [2,000] 32 COMBAT TRAINING RANGES 222,598 222,598 33 COMBAT TRAINING RANGES 14,730 14,730 34 MINIMUM ESSENTIAL EMERGENCY COMM N 77,119 77,119 35 WIDE AREA SURVEILLANCE (WAS) 38,794 38,794 36 C3 COUNTERMEASURES 131,238 131,238 37 INTEGRATED PERSONNEL AND PAY SYSTEM 15,240 15,240 38 GCSS-AF FOS 3,959 3,959 40 MAINTENANCE REPAIR & OVERHAUL INITIATIVE 4,387 4,387 41 THEATER BATTLE MGT C2 SYSTEM 4,052 4,052 42 AIR & SPACE OPERATIONS CENTER (AOC) 2,224 2,224 AIR FORCE COMMUNICATIONS 43 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 58,499 58,499 44 AFNET 65,354 65,354 45 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,377 4,377 46 USCENTCOM 18,101 18,101 47 USSTRATCOM 4,226 4,226 ORGANIZATION AND BASE 48 TACTICAL C-E EQUIPMENT 162,955 162,955 49 RADIO EQUIPMENT 14,232 15,732 Space Force UFR—radio equipment [1,500] 51 BASE COMM INFRASTRUCTURE 200,797 264,297 EUCOM UFR—Modernize IT infrastructure [55,000] Space Force UFR—Emergency 911 rech refresh [1,200] Space Force UFR—Lifecycle SIPR/NIP replacement [7,000] Space Force UFR—Maui Optical Site resilient comms [300] MODIFICATIONS 52 COMM ELECT MODS 18,607 18,607 PERSONAL SAFETY & RESCUE EQUIP 53 PERSONAL SAFETY AND RESCUE EQUIPMENT 106,449 131,449 CNGB UFR—Critical care air transport team [9,500] CNGB UFR—Tactical combat casualty care medical kit [15,500] DEPOT PLANT+MTRLS HANDLING EQ 54 POWER CONDITIONING EQUIPMENT 11,274 11,274 55 MECHANIZED MATERIAL HANDLING EQUIP 8,594 8,594 BASE SUPPORT EQUIPMENT 56 BASE PROCURED EQUIPMENT 1 83,251 CNGB UFR—Modular small arms ranges [75,000] EUCOM UFR—Tactical decoy devices [8,250] 57 ENGINEERING AND EOD EQUIPMENT 32,139 32,139 58 MOBILITY EQUIPMENT 63,814 131,014 CNGB UFR—Aeromedical evacuation equipment kit [3,200] CNGB UFR—Disaster relief mobile kitchen trailers [22,500] CNGB UFR—Oxygen generation system [3,000] CNGB UFR—Rapid response shelters [7,500] CNGB UFR—Security forces modular ballistic protection system [31,000] 59 FUELS SUPPORT EQUIPMENT (FSE) 17,928 17,928 60 BASE MAINTENANCE AND SUPPORT EQUIPMENT 48,534 48,534 SPECIAL SUPPORT PROJECTS 62 DARP RC135 27,359 27,359 63 DCGS-AF 261,070 261,070 65 SPECIAL UPDATE PROGRAM 777,652 777,652 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 20,983,908 20,983,908 SPARES AND REPAIR PARTS 66 SPARES AND REPAIR PARTS (CYBER) 978 978 67 SPARES AND REPAIR PARTS 9,575 10,575 Air Force UFR—Build command and control framework [1,000] TOTAL OTHER PROCUREMENT, AIR FORCE 25,251,137 25,726,718 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DCSA 2 MAJOR EQUIPMENT 3,014 3,014 MAJOR EQUIPMENT, DHRA 4 PERSONNEL ADMINISTRATION 4,042 4,042 MAJOR EQUIPMENT, DISA 10 INFORMATION SYSTEMS SECURITY 18,923 18,923 11 TELEPORT PROGRAM 34,908 34,908 12 JOINT FORCES HEADQUARTERS—DODIN 1,968 1,968 13 ITEMS LESS THAN $5 MILLION 42,270 42,270 14 DEFENSE INFORMATION SYSTEM NETWORK 18,025 18,025 15 WHITE HOUSE COMMUNICATION AGENCY 44,522 44,522 16 SENIOR LEADERSHIP ENTERPRISE 54,592 54,592 17 JOINT REGIONAL SECURITY STACKS (JRSS) 62,657 62,657 18 JOINT SERVICE PROVIDER 102,039 102,039 19 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 80,645 80,645 MAJOR EQUIPMENT, DLA 21 MAJOR EQUIPMENT 530,896 530,896 MAJOR EQUIPMENT, DMACT 22 MAJOR EQUIPMENT 8,498 8,498 MAJOR EQUIPMENT, DODEA 23 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 2,963 2,963 MAJOR EQUIPMENT, DPAA 24 MAJOR EQUIPMENT, DPAA 494 494 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 26 VEHICLES 118 118 27 OTHER MAJOR EQUIPMENT 12,681 12,681 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 29 THAAD 251,543 361,122 MDA UFR—Additional interceptors [109,579] 31 AEGIS BMD 334,621 334,621 32 AEGIS BMD 17,493 17,493 33 BMDS AN/TPY–2 RADARS 2,738 2,738 34 SM–3 IIAS 295,322 336,322 MDA UFR—Additional AURs [41,000] 35 ARROW 3 UPPER TIER SYSTEMS 62,000 62,000 36 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 30,000 30,000 37 DEFENSE OF GUAM PROCUREMENT 40,000 117,220 INDOPACOM UFR—Guam Defense System [77,220] 38 AEGIS ASHORE PHASE III 25,866 25,866 39 IRON DOME 108,000 108,000 40 AEGIS BMD HARDWARE AND SOFTWARE 81,791 81,791 MAJOR EQUIPMENT, NSA 46 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 315 315 MAJOR EQUIPMENT, OSD 47 MAJOR EQUIPMENT, OSD 31,420 31,420 MAJOR EQUIPMENT, SDA 48 JOINT CAPABILITY TECH DEMONSTRATION (JCTD) 74,060 74,060 MAJOR EQUIPMENT, TJS 49 MAJOR EQUIPMENT, TJS 7,830 7,830 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 635,338 635,338 AVIATION PROGRAMS 52 ARMED OVERWATCH/TARGETING 170,000 170,000 53 MANNED ISR 2,500 2,500 54 MC–12 2,250 2,250 55 MH–60 BLACKHAWK 29,900 29,900 56 ROTARY WING UPGRADES AND SUSTAINMENT 202,278 202,278 57 UNMANNED ISR 55,951 55,951 58 NON-STANDARD AVIATION 3,282 3,282 59 U–28 4,176 4,176 60 MH–47 CHINOOK 130,485 130,485 61 CV–22 MODIFICATION 41,762 47,572 SOCOM UFR—CV–22 reliability acceleration [5,810] 62 MQ–9 UNMANNED AERIAL VEHICLE 8,020 8,020 63 PRECISION STRIKE PACKAGE 165,224 165,224 64 AC/MC–130J 205,216 205,216 65 C–130 MODIFICATIONS 13,373 13,373 SHIPBUILDING 66 UNDERWATER SYSTEMS 17,227 23,327 SOCOM UFR—Combat diving advanced equipment acceleration [5,200] SOCOM UFR—Modernized forward look sonar [900] AMMUNITION PROGRAMS 67 ORDNANCE ITEMS <$5M 168,072 168,072 OTHER PROCUREMENT PROGRAMS 68 INTELLIGENCE SYSTEMS 131,889 131,889 69 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,991 5,991 70 OTHER ITEMS <$5M 62,722 62,722 71 COMBATANT CRAFT SYSTEMS 17,080 17,080 72 SPECIAL PROGRAMS 44,351 75,531 SOCOM UFR—Medium fixed wing mobility modifications [31,180] 73 TACTICAL VEHICLES 26,806 26,806 74 WARRIOR SYSTEMS <$5M 284,548 284,548 75 COMBAT MISSION REQUIREMENTS 27,513 27,513 77 OPERATIONAL ENHANCEMENTS INTELLIGENCE 20,252 20,252 78 OPERATIONAL ENHANCEMENTS 328,569 389,872 SOCOM UFR—Armored ground mobility systems acceleration [33,303] SOCOM UFR—Fused panoramic night vision goggles acceleration [28,000] CBDP 79 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 167,918 167,918 80 CB PROTECTION & HAZARD MITIGATION 189,265 189,265 TOTAL PROCUREMENT, DEFENSE-WIDE 5,548,212 5,880,404 TOTAL PROCUREMENT 132,205,078 144,054,529 XLII RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Line Program Element Item FY 2022 Request Senate Authorized RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 1 0601102A DEFENSE RESEARCH SCIENCES 297,241 297,241 2 0601103A UNIVERSITY RESEARCH INITIATIVES 66,981 103,481 Smart thread data exchange [5,000] UAS propulsion research [1,500] University research programs [30,000] 3 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 94,003 94,003 4 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,067 5,067 5 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,183 10,183 SUBTOTAL BASIC RESEARCH 473,475 509,975 APPLIED RESEARCH 6 0602115A BIOMEDICAL TECHNOLOGY 11,925 11,925 7 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 1,976 1,976 8 0602141A LETHALITY TECHNOLOGY 64,126 66,626 Ceramic material systems for extreme environments [2,500] 9 0602142A ARMY APPLIED RESEARCH 28,654 28,654 10 0602143A SOLDIER LETHALITY TECHNOLOGY 105,168 105,168 11 0602144A GROUND TECHNOLOGY 56,400 67,400 Earthen structures research [3,000] Graphene applications for military engineering [2,000] Polar research and testing [4,000] Verified inherent control [2,000] 12 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 172,166 174,666 Light detection and ranging (LiDAR) technology [2,500] 13 0602146A NETWORK C3I TECHNOLOGY 84,606 86,606 UAS sensor research [2,000] 14 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 64,285 64,285 15 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 91,411 91,411 16 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 19,316 47,316 Counter-UAS applied research [5,000] High energy laser research [5,000] High energy laser support technology [5,000] Kill chain automation for air and missile defense systems [8,000] Secure computing capabilities [5,000] 17 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 15,034 15,034 18 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 25,967 25,967 19 0602182A C3I APPLIED RESEARCH 12,406 12,406 20 0602183A AIR PLATFORM APPLIED RESEARCH 6,597 6,597 21 0602184A SOLDIER APPLIED RESEARCH 11,064 18,564 Military footwear research [2,500] Pathfinder air assault [5,000] 22 0602213A C3I APPLIED CYBER 12,123 12,123 23 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 20,643 20,643 24 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 18,701 18,701 25 0602787A MEDICAL TECHNOLOGY 91,720 91,720 SUBTOTAL APPLIED RESEARCH 914,288 967,788 ADVANCED TECHNOLOGY DEVELOPMENT 26 0603002A MEDICAL ADVANCED TECHNOLOGY 43,804 43,804 27 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 14,273 14,273 28 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 22,231 22,231 29 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 909 909 30 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 17,743 17,743 31 0603042A C3I ADVANCED TECHNOLOGY 3,151 3,151 32 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 754 754 33 0603044A SOLDIER ADVANCED TECHNOLOGY 890 890 34 0603115A MEDICAL DEVELOPMENT 26,521 26,521 35 0603116A LETHALITY ADVANCED TECHNOLOGY 8,066 8,066 36 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 76,815 76,815 37 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 107,966 107,966 38 0603119A GROUND ADVANCED TECHNOLOGY 23,403 41,403 Additive manufacturing capabilities for austere operating environments [15,000] Permafrost research [3,000] 39 0603134A COUNTER IMPROVISED-THREAT SIMULATION 24,747 24,747 40 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 53,736 53,736 41 0603457A C3I CYBER ADVANCED DEVELOPMENT 31,426 31,426 42 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 189,123 194,123 High performance computing modernization program [5,000] 43 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 164,951 174,951 Combat vehicle lithium battery development [1,500] Cyber and connected vehicle integration research [3,500] Robotics development [5,000] 44 0603463A NETWORK C3I ADVANCED TECHNOLOGY 155,867 142,867 Command post modernization [2,000] Network technology research [–15,000] 45 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 93,909 98,909 Advanced guidance technology [5,000] 46 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 179,677 188,177 Future Long Range Assault Aircraft [3,500] Future vertical lift 20mm chain gun [5,000] 47 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 48,826 48,826 48 0603920A HUMANITARIAN DEMINING 8,649 8,649 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,297,437 1,330,937 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 49 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION 11,702 11,702 50 0603308A ARMY SPACE SYSTEMS INTEGRATION 18,755 18,755 52 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 50,314 50,314 53 0603639A TANK AND MEDIUM CALIBER AMMUNITION 79,873 79,873 54 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 170,590 170,590 55 0603747A SOLDIER SUPPORT AND SURVIVABILITY 2,897 2,897 56 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 113,365 113,365 57 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 18,000 21,804 Army UFR—Soldier Maneuver Sensors [3,804] 58 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 11,921 11,921 59 0603790A NATO RESEARCH AND DEVELOPMENT 3,777 3,777 60 0603801A AVIATION—ADV DEV 1,125,641 1,125,641 61 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 7,055 7,055 62 0603807A MEDICAL SYSTEMS—ADV DEV 22,071 22,071 63 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 17,459 20,359 Development of anthropomorphic armor for female servicemembers [2,900] 64 0604017A ROBOTICS DEVELOPMENT 87,198 87,198 65 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 50,674 50,674 67 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 19,638 19,638 68 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 50,548 50,548 69 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 28,347 28,347 70 0604100A ANALYSIS OF ALTERNATIVES 10,091 10,091 71 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 926 926 72 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 69,697 75,697 Army UFR—Acceleration of FTUAS [6,000] 73 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 327,690 327,690 74 0604115A TECHNOLOGY MATURATION INITIATIVES 270,124 270,124 75 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 39,376 39,376 76 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 189,483 189,483 77 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 96,679 96,679 78 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 194,195 198,795 Synthetic training enviroment [4,600] 79 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 13,379 13,379 80 0604182A HYPERSONICS 300,928 300,928 81 0604403A FUTURE INTERCEPTOR 7,895 7,895 82 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 19,148 19,148 83 0604541A UNIFIED NETWORK TRANSPORT 35,409 35,409 84 0604644A MOBILE MEDIUM RANGE MISSILE 286,457 286,457 85 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 2,040 2,040 86 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 52,988 52,988 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 3,806,330 3,823,634 SYSTEM DEVELOPMENT & DEMONSTRATION 89 0604201A AIRCRAFT AVIONICS 6,654 6,654 90 0604270A ELECTRONIC WARFARE DEVELOPMENT 30,840 30,840 91 0604601A INFANTRY SUPPORT WEAPONS 67,873 67,873 92 0604604A MEDIUM TACTICAL VEHICLES 11,374 11,374 93 0604611A JAVELIN 7,094 7,094 94 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 31,602 31,602 95 0604633A AIR TRAFFIC CONTROL 4,405 4,405 96 0604642A LIGHT TACTICAL WHEELED VEHICLES 2,055 7,655 Army UFR—Electric light reconnaissance vehicle [5,600] 97 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 137,256 137,256 98 0604710A NIGHT VISION SYSTEMS—ENG DEV 62,690 62,690 99 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 1,658 1,658 100 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 26,540 26,540 101 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 59,518 59,518 102 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 22,331 22,331 103 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 8,807 8,807 104 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 7,453 7,453 107 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 21,534 21,534 108 0604802A WEAPONS AND MUNITIONS—ENG DEV 309,778 309,778 109 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 59,261 59,261 110 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 20,121 20,121 111 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 44,424 44,424 112 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 14,137 14,137 113 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 162,704 162,704 114 0604820A RADAR DEVELOPMENT 127,919 127,919 115 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 17,623 17,623 117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 6,454 6,454 118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 106,354 127,354 Army UFR—Active protection systems for Bradley and Stryker [21,000] 120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 122,168 122,168 121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 76,936 76,936 122 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 35,560 35,560 124 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 16,364 16,364 125 0605031A JOINT TACTICAL NETWORK (JTN) 28,954 28,954 128 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 16,630 16,630 130 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE 7,618 7,618 131 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 18,892 13,892 Cyber situational understanding reduction [–5,000] 132 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 28,849 28,849 133 0605047A CONTRACT WRITING SYSTEM 22,960 12,960 Program reduction [–10,000] 135 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 65,603 65,603 136 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 233,512 233,512 137 0605053A GROUND ROBOTICS 18,241 18,241 138 0605054A EMERGING TECHNOLOGY INITIATIVES 254,945 254,945 139 0605143A BIOMETRICS ENABLING CAPABILITY (BEC) 4,326 4,326 140 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 15,616 15,616 141 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT 962 962 142 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 54,972 54,972 143 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 122,175 122,175 144 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 2,275 2,275 145 0605224A MULTI-DOMAIN INTELLIGENCE 9,313 9,313 146 0605225A SIO CAPABILITY DEVELOPMENT 22,713 22,713 147 0605231A PRECISION STRIKE MISSILE (PRSM) 188,452 188,452 148 0605232A HYPERSONICS EMD 111,473 111,473 149 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 18,790 18,790 150 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 2,134 2,134 151 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 157,873 157,873 152 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 33,386 33,386 153 0605625A MANNED GROUND VEHICLE 225,106 225,106 154 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 14,454 14,454 155 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 2,564 2,564 156 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,201 1,201 157 0303032A TROJAN—RH12 3,362 3,362 161 0304270A ELECTRONIC WARFARE DEVELOPMENT 75,520 92,360 Army UFR—Terrestrial Layer System (TLS) Echelon Above Brigade (EAB) [16,840] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,392,358 3,420,798 MANAGEMENT SUPPORT 162 0604256A THREAT SIMULATOR DEVELOPMENT 18,439 18,439 163 0604258A TARGET SYSTEMS DEVELOPMENT 17,404 17,404 164 0604759A MAJOR T&E INVESTMENT 68,139 68,139 165 0605103A RAND ARROYO CENTER 33,126 33,126 166 0605301A ARMY KWAJALEIN ATOLL 240,877 267,877 Army UFR—Preserve Kwajalein Atoll quality of life [27,000] 167 0605326A CONCEPTS EXPERIMENTATION PROGRAM 79,710 79,710 169 0605601A ARMY TEST RANGES AND FACILITIES 354,227 354,227 170 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 49,253 49,253 171 0605604A SURVIVABILITY/LETHALITY ANALYSIS 36,389 36,389 172 0605606A AIRCRAFT CERTIFICATION 2,489 2,489 173 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 6,689 6,689 174 0605706A MATERIEL SYSTEMS ANALYSIS 21,558 21,558 175 0605709A EXPLOITATION OF FOREIGN ITEMS 13,631 13,631 176 0605712A SUPPORT OF OPERATIONAL TESTING 55,122 55,122 177 0605716A ARMY EVALUATION CENTER 65,854 65,854 178 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 2,633 2,633 179 0605801A PROGRAMWIDE ACTIVITIES 96,589 96,589 180 0605803A TECHNICAL INFORMATION ACTIVITIES 26,808 26,808 181 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 43,042 43,042 182 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,789 1,789 183 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 52,108 52,108 185 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 80,952 80,952 186 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 5,363 5,363 187 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES 39,041 39,041 188 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 5,466 5,466 SUBTOTAL MANAGEMENT SUPPORT 1,416,698 1,443,698 OPERATIONAL SYSTEMS DEVELOPMENT 190 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 12,314 12,314 191 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 8,868 8,868 192 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 22,828 22,828 194 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 4,773 4,773 195 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 52,372 70,372 CH–47 Chinook cargo on/off loading system [8,000] Program increase [10,000] 196 0607139A IMPROVED TURBINE ENGINE PROGRAM 275,024 275,024 197 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 12,417 12,417 198 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 4,594 4,594 199 0607145A APACHE FUTURE DEVELOPMENT 10,067 25,067 Program increase [15,000] 200 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 56,681 56,681 201 0607150A INTEL CYBER DEVELOPMENT 3,611 12,471 Army UFR—Cyber-Info Dominance Center [8,860] 202 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 28,029 28,029 203 0607313A ELECTRONIC WARFARE DEVELOPMENT 5,673 5,673 204 0607665A FAMILY OF BIOMETRICS 1,178 1,178 205 0607865A PATRIOT PRODUCT IMPROVEMENT 125,932 125,932 206 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 25,547 25,547 207 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 211,523 275,623 Abrams tank modernization [64,100] 208 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 213,281 213,281 210 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 132 132 211 0203758A DIGITIZATION 3,936 3,936 212 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 127 127 213 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 10,265 10,265 214 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 262 262 215 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM 182 182 216 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 63,937 63,937 217 0208053A JOINT TACTICAL GROUND SYSTEM 13,379 13,379 219 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 24,531 24,531 220 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,720 10,720 Identity, credentialing, and access management reduction [–5,000] 221 0303141A GLOBAL COMBAT SUPPORT SYSTEM 52,739 61,739 Army UFR—ERP convergence/modernization [9,000] 222 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 15,247 15,247 226 0305179A INTEGRATED BROADCAST SERVICE (IBS) 5,430 5,430 227 0305204A TACTICAL UNMANNED AERIAL VEHICLES 8,410 8,410 228 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 24,460 24,460 233 0307665A BIOMETRICS ENABLED INTELLIGENCE 2,066 2,066 234 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 61,720 61,720 999 9999999999 CLASSIFIED PROGRAMS 2,993 2,993 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,380,248 1,490,208 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 237 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 118,811 118,811 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 118,811 118,811 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 12,799,645 13,105,849 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 1 0601103N UNIVERSITY RESEARCH INITIATIVES 117,448 150,448 High-performance computation and data equipment [3,000] University research programs [30,000] 3 0601153N DEFENSE RESEARCH SCIENCES 484,421 484,421 SUBTOTAL BASIC RESEARCH 601,869 634,869 APPLIED RESEARCH 4 0602114N POWER PROJECTION APPLIED RESEARCH 23,013 26,013 Graphene electro-active metamaterials [3,000] 5 0602123N FORCE PROTECTION APPLIED RESEARCH 122,888 127,888 Relative positioning of autonomous platforms [3,000] Resilient Innovative Sustainable Economies via University Partnerships (RISE-UP) [2,000] 6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 51,112 51,112 7 0602235N COMMON PICTURE APPLIED RESEARCH 51,477 51,477 8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 70,547 76,047 Anti-corrosion nanotechnologies [3,000] Humanoid robotics research [2,500] 9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 85,157 85,157 10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 70,086 70,086 11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,405 6,405 12 0602747N UNDERSEA WARFARE APPLIED RESEARCH 57,484 79,484 Undersea vehicle research academic partnerships [12,000] Undersea warfare applied research [10,000] 13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 173,356 173,356 14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 32,160 32,160 15 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 152,976 152,976 16 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 79,254 79,254 SUBTOTAL APPLIED RESEARCH 975,915 1,011,415 ADVANCED TECHNOLOGY DEVELOPMENT 17 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 21,661 21,661 18 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,146 8,146 19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 224,155 244,455 Marine Corps UFR—Maritime Targeting Cell-Expeditionary [5,300] Marine Corps UFR—Unmanned adversary technology investment [10,000] Unmanned systems interoperability [5,000] 20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 13,429 13,429 21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 265,299 265,299 22 0603680N MANUFACTURING TECHNOLOGY PROGRAM 57,236 57,236 23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,935 4,935 24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 47,167 47,167 25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 1,981 1,981 26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 133,779 113,779 Naval prototypes reduction [–20,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 777,788 778,088 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 27 0603128N UNMANNED AERIAL SYSTEM 16,879 61,879 Marine Corps UFR—MQ–9 payload upgrade [20,000] Medium-altitude, long-endurance manned-unmanned experimentation [25,000] 28 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES (USVS) 144,846 144,846 29 0603207N AIR/OCEAN TACTICAL APPLICATIONS 27,849 27,849 30 0603216N AVIATION SURVIVABILITY 16,815 16,815 31 0603239N NAVAL CONSTRUCTION FORCES 5,290 5,290 33 0603254N ASW SYSTEMS DEVELOPMENT 17,612 17,612 34 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,111 3,111 35 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 32,310 32,310 36 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 58,013 58,013 37 0603506N SURFACE SHIP TORPEDO DEFENSE 1,862 1,862 38 0603512N CARRIER SYSTEMS DEVELOPMENT 7,182 7,182 39 0603525N PILOT FISH 408,087 484,687 Navy UFR—Classified [76,600] 40 0603527N RETRACT LARCH 44,197 44,197 41 0603536N RETRACT JUNIPER 144,541 144,541 42 0603542N RADIOLOGICAL CONTROL 761 761 43 0603553N SURFACE ASW 1,144 1,144 44 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 99,782 99,782 45 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 14,059 14,059 46 0603563N SHIP CONCEPT ADVANCED DESIGN 111,590 111,590 47 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 106,957 106,957 48 0603570N ADVANCED NUCLEAR POWER SYSTEMS 203,572 203,572 49 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 78,122 78,122 50 0603576N CHALK EAGLE 80,270 80,270 51 0603581N LITTORAL COMBAT SHIP (LCS) 84,924 84,924 52 0603582N COMBAT SYSTEM INTEGRATION 17,322 17,322 53 0603595N OHIO REPLACEMENT 296,231 296,231 54 0603596N LCS MISSION MODULES 75,995 75,995 55 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 7,805 7,805 56 0603599N FRIGATE DEVELOPMENT 109,459 109,459 57 0603609N CONVENTIONAL MUNITIONS 7,296 7,296 58 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 77,065 77,065 59 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 34,785 34,785 60 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 8,774 8,774 61 0603721N ENVIRONMENTAL PROTECTION 20,677 20,677 62 0603724N NAVY ENERGY PROGRAM 33,824 33,824 63 0603725N FACILITIES IMPROVEMENT 6,327 6,327 64 0603734N CHALK CORAL 579,389 579,389 65 0603739N NAVY LOGISTIC PRODUCTIVITY 669 669 66 0603746N RETRACT MAPLE 295,295 295,295 67 0603748N LINK PLUMERIA 692,280 692,280 68 0603751N RETRACT ELM 83,904 83,904 69 0603764M LINK EVERGREEN 221,253 264,453 Marine Corps UFR—Additional development [43,200] 71 0603790N NATO RESEARCH AND DEVELOPMENT 5,805 5,805 72 0603795N LAND ATTACK TECHNOLOGY 4,017 4,017 73 0603851M JOINT NON-LETHAL WEAPONS TESTING 29,589 29,589 74 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 24,450 24,450 75 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 81,803 170,103 Navy UFR—HELIOS SNLWS Increment1.5 [88,300] 76 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 48,793 48,793 77 0604027N DIGITAL WARFARE OFFICE 46,769 58,269 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [11,500] 78 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 84,676 84,676 79 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 59,299 59,299 81 0604031N LARGE UNMANNED UNDERSEA VEHICLES 88,063 88,063 82 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 121,509 121,509 83 0604126N LITTORAL AIRBORNE MCM 18,669 18,669 84 0604127N SURFACE MINE COUNTERMEASURES 13,655 13,655 85 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 33,246 33,246 86 0604289M NEXT GENERATION LOGISTICS 1,071 1,071 87 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 9,825 9,825 88 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 6,555 6,555 89 0604454N LX (R) 3,344 3,344 90 0604536N ADVANCED UNDERSEA PROTOTYPING 58,473 58,473 91 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 5,529 5,529 92 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 97,944 97,944 93 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 9,340 9,340 94 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 127,756 127,756 95 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 60,028 60,028 96 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 170,838 170,838 97 0605514M GROUND BASED ANTI-SHIP MISSILE (MARFORRES) 102,716 102,716 98 0605516M LONG RANGE FIRES (MARFORRES) 88,479 88,479 99 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 1,372,340 1,498,340 Navy UFR—Additional CPS development [126,000] 100 0303354N ASW SYSTEMS DEVELOPMENT—MIP 8,571 8,571 101 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 16,204 16,204 102 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 506 506 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7,077,987 7,468,587 SYSTEM DEVELOPMENT & DEMONSTRATION 103 0603208N TRAINING SYSTEM AIRCRAFT 5,864 5,864 104 0604212N OTHER HELO DEVELOPMENT 56,444 56,444 105 0604214M AV–8B AIRCRAFT—ENG DEV 10,146 10,146 106 0604215N STANDARDS DEVELOPMENT 4,082 4,082 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 46,418 46,418 108 0604221N P–3 MODERNIZATION PROGRAM 579 579 109 0604230N WARFARE SUPPORT SYSTEM 10,167 10,167 110 0604231N COMMAND AND CONTROL SYSTEMS 122,913 162,113 Navy UFR—Naval Operational Business Logistics Enterprise (NOBLE) [39,200] 111 0604234N ADVANCED HAWKEYE 386,860 386,860 112 0604245M H–1 UPGRADES 50,158 50,158 113 0604261N ACOUSTIC SEARCH SENSORS 46,066 46,066 114 0604262N V–22A 107,984 107,984 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 22,746 22,746 116 0604269N EA–18 68,425 68,425 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 139,535 151,535 Marine Corps UFR—Integration of EM spectrum ops into AN/ALQ–231(V) [6,500] Marine Corps UFR—Integration of multi-domain capabilities into AN/ALQ–231(V) [5,500] 118 0604273M EXECUTIVE HELO DEVELOPMENT 45,932 45,932 119 0604274N NEXT GENERATION JAMMER (NGJ) 243,923 243,923 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 234,434 242,734 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [8,300] 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 248,096 248,096 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 371,575 371,575 123 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 904 904 124 0604329N SMALL DIAMETER BOMB (SDB) 46,769 46,769 125 0604366N STANDARD MISSILE IMPROVEMENTS 343,511 343,511 126 0604373N AIRBORNE MCM 10,881 10,881 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 46,121 59,121 Stratospheric balloon research [13,000] 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 0 15,000 Program increase [15,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 77,852 77,852 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 95,693 95,693 131 0604504N AIR CONTROL 27,499 27,499 132 0604512N SHIPBOARD AVIATION SYSTEMS 8,924 8,924 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,631 11,631 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 96,556 96,556 135 0604530N ADVANCED ARRESTING GEAR (AAG) 147 147 136 0604558N NEW DESIGN SSN 503,252 503,252 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 62,115 62,115 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 54,829 54,829 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,290 4,290 140 0604601N MINE DEVELOPMENT 76,027 76,027 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 94,386 94,386 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,348 8,348 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 42,144 42,144 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 7,375 7,375 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 149,433 149,433 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 87,862 87,862 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 69,006 69,006 149 0604761N INTELLIGENCE ENGINEERING 20,684 20,684 150 0604771N MEDICAL DEVELOPMENT 3,967 3,967 151 0604777N NAVIGATION/ID SYSTEM 48,837 48,837 152 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 577 577 153 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 262 262 154 0604850N SSN(X) 29,829 55,629 Navy UFR—SSN(X) non-propulsion development [25,800] 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 11,277 11,277 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 243,828 233,828 Contract writing systems reduction [–10,000] 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 8,426 8,426 158 0605180N TACAMO MODERNIZATION 150,592 517,792 Navy UFR—Acceleration of EC–130J–30 TACAMO Recapitalization [367,200] 159 0605212M CH–53K RDTE 256,903 256,903 160 0605215N MISSION PLANNING 88,128 88,128 161 0605217N COMMON AVIONICS 60,117 92,017 Marine Corps UFR—MANGL Digital Interoperability [31,900] 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 6,320 6,320 163 0605327N T-AO 205 CLASS 4,336 4,336 164 0605414N UNMANNED CARRIER AVIATION (UCA) 268,937 355,937 Navy UFR—MQ–25 Emissions Control and Manned-Unmanned Teaming [87,000] 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 356 356 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 27,279 27,279 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 173,784 173,784 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 80,709 80,709 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,005 2,005 170 0204202N DDG–1000 112,576 112,576 174 0304785N ISR & INFO OPERATIONS 136,140 136,140 175 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 26,318 26,318 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,910,089 6,499,489 MANAGEMENT SUPPORT 176 0604256N THREAT SIMULATOR DEVELOPMENT 20,862 20,862 177 0604258N TARGET SYSTEMS DEVELOPMENT 12,113 12,113 178 0604759N MAJOR T&E INVESTMENT 84,617 84,617 179 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,108 3,108 180 0605154N CENTER FOR NAVAL ANALYSES 38,590 38,590 183 0605804N TECHNICAL INFORMATION SERVICES 934 934 184 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 93,966 93,966 185 0605856N STRATEGIC TECHNICAL SUPPORT 3,538 3,538 186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 135,149 135,149 187 0605864N TEST AND EVALUATION SUPPORT 429,277 429,277 188 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 24,872 24,872 189 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 17,653 17,653 190 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,065 8,065 191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 47,042 47,042 192 0605898N MANAGEMENT HQ—R&D 35,614 35,614 193 0606355N WARFARE INNOVATION MANAGEMENT 38,958 38,958 194 0305327N INSIDER THREAT 2,581 2,581 195 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,747 1,747 SUBTOTAL MANAGEMENT SUPPORT 998,686 998,686 OPERATIONAL SYSTEMS DEVELOPMENT 199 0604840M F–35 C2D2 515,746 515,746 200 0604840N F–35 C2D2 481,962 481,962 201 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS (MARFORRES) 65,381 65,381 202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 176,486 176,486 203 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 177,098 185,098 Strategic weapons system shipboard navigation modernization [8,000] 204 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 45,775 45,775 205 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 64,752 64,752 206 0101402N NAVY STRATEGIC COMMUNICATIONS 35,451 35,451 207 0204136N F/A–18 SQUADRONS 189,224 192,224 Neural network algorithms on advanced processors [3,000] 208 0204228N SURFACE SUPPORT 13,733 13,733 209 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 132,181 132,181 210 0204311N INTEGRATED SURVEILLANCE SYSTEM 84,276 84,276 211 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 6,261 6,261 212 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,657 1,657 213 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 21,367 68,367 Marine Corps UFR—Air traffic control Block IV development [23,000] Marine Corps UFR—Radar signal processor refresh [12,000] Marine Corps UFR—Software mods to implement NIFC [12,000] 214 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 56,741 56,741 215 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 62,006 62,006 216 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 133,520 133,520 217 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 28,804 28,804 218 0205632N MK–48 ADCAP 114,492 114,492 219 0205633N AVIATION IMPROVEMENTS 132,486 132,486 220 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 113,760 113,760 221 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 89,897 92,697 Marine Corps UFR—CEC DDS antenna enhancements [2,800] 222 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 9,324 12,824 Marine Corps UFR—Software development for NIFC integration [3,500] 223 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 108,235 108,235 224 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 13,185 13,185 225 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 37,695 44,295 Marine Corps UFR—G-BOSS High Definition modernization [3,700] Marine Corps UFR—SCINet transition [2,900] 226 0206629M AMPHIBIOUS ASSAULT VEHICLE 7,551 7,551 227 0207161N TACTICAL AIM MISSILES 23,881 23,881 228 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 32,564 32,564 229 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,101 3,101 234 0303138N AFLOAT NETWORKS 30,890 35,690 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [4,800] 235 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,311 33,311 236 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 7,514 7,514 237 0305204N TACTICAL UNMANNED AERIAL VEHICLES 9,837 9,837 238 0305205N UAS INTEGRATION AND INTEROPERABILITY 9,797 9,797 239 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 38,800 38,800 240 0305220N MQ–4C TRITON 13,029 13,029 241 0305231N MQ–8 UAV 26,543 26,543 242 0305232M RQ–11 UAV 533 533 243 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 1,772 1,772 245 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 59,252 59,252 246 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 9,274 9,274 247 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 36,378 36,378 248 0305421N RQ–4 MODERNIZATION 134,323 134,323 249 0307577N INTELLIGENCE MISSION DATA (IMD) 907 907 250 0308601N MODELING AND SIMULATION SUPPORT 9,772 9,772 251 0702207N DEPOT MAINTENANCE (NON-IF) 36,880 36,880 252 0708730N MARITIME TECHNOLOGY (MARITECH) 3,329 3,329 999 9999999999 CLASSIFIED PROGRAMS 1,872,586 1,872,586 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,313,319 5,389,019 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 254 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 13,703 13,703 255 0608113N NAVY NEXT GENERATION ENTERPRISE NETWORK (NGEN)—SOFTWARE PILOT PROGRAM 955,151 955,151 256 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 14,855 14,855 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 983,709 983,709 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 22,639,362 23,763,862 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 1 0601102F DEFENSE RESEARCH SCIENCES 328,303 328,303 2 0601103F UNIVERSITY RESEARCH INITIATIVES 162,403 192,403 University research programs [30,000] SUBTOTAL BASIC RESEARCH 490,706 520,706 APPLIED RESEARCH 4 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 79,901 79,901 5 0602102F MATERIALS 113,460 125,460 Continuous composites 3D printing [7,000] High energy synchrotron x-ray research [5,000] 6 0602201F AEROSPACE VEHICLE TECHNOLOGIES 163,032 173,032 Ground test and development of hypersonic engines [5,000] Hypersonic flight test services [5,000] 7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 136,273 136,273 8 0602203F AEROSPACE PROPULSION 174,683 181,683 Low-cost small turbine engine research [7,000] 9 0602204F AEROSPACE SENSORS 198,918 448,918 Microelectronics research network [250,000] 11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,891 8,891 12 0602602F CONVENTIONAL MUNITIONS 151,757 151,757 13 0602605F DIRECTED ENERGY TECHNOLOGY 111,052 111,052 14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 169,110 169,110 SUBTOTAL APPLIED RESEARCH 1,307,077 1,586,077 ADVANCED TECHNOLOGY DEVELOPMENT 17 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 131,643 128,743 Procure Valkyrie aircraft [75,000] Program reduction [–77,900] 18 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 31,905 31,905 19 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 21,057 21,057 20 0603203F ADVANCED AEROSPACE SENSORS 45,464 45,464 21 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 70,486 72,486 B–52 engine pylon fairings [2,000] 22 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 75,273 75,273 23 0603270F ELECTRONIC COMBAT TECHNOLOGY 46,591 46,591 26 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 24,589 24,589 27 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 157,423 157,423 28 0603605F ADVANCED WEAPONS TECHNOLOGY 28,258 28,258 29 0603680F MANUFACTURING TECHNOLOGY PROGRAM 45,259 54,259 Hypersonics materials manufacturing [2,000] Sustainment and modernization research and development program [7,000] 30 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 56,772 56,772 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 734,720 742,820 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 5,795 5,795 32 0603742F COMBAT IDENTIFICATION TECHNOLOGY 21,939 21,939 33 0603790F NATO RESEARCH AND DEVELOPMENT 4,114 4,114 34 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 49,621 49,621 36 0604001F NC3 ADVANCED CONCEPTS 6,900 6,900 37 0604002F AIR FORCE WEATHER SERVICES RESEARCH 986 986 38 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 203,849 203,849 39 0604004F ADVANCED ENGINE DEVELOPMENT 123,712 210,712 Air Force UFR—Complete two prototype engines [57,000] Program increase [30,000] 40 0604006F ARCHITECTURE INITIATIVES 82,438 162,438 Acceleration of tactical datalink waveform [80,000] 41 0604015F LONG RANGE STRIKE—BOMBER 2,872,624 2,872,624 42 0604032F DIRECTED ENERGY PROTOTYPING 10,820 10,820 43 0604033F HYPERSONICS PROTOTYPING 438,378 438,378 44 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 39,742 39,742 45 0604257F ADVANCED TECHNOLOGY AND SENSORS 23,745 28,745 Air Force automatic target recognition [5,000] 46 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER 95,788 95,788 47 0604317F TECHNOLOGY TRANSFER 15,768 23,268 Academic technology transfer partnerships [7,500] 48 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 15,886 15,886 49 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 71,229 71,229 50 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 40,103 40,103 51 0604858F TECH TRANSITION PROGRAM 343,545 460,345 Blended wing body prototype phase 1 [15,000] C–17 active winglets phase 1 [5,000] Cold spray technologies [5,000] Engine compressor blade coatings [2,000] KC–135 winglets [10,000] NORTHCOM UFR—Proliferated low earth orbit Arctic communications [79,800] 52 0605230F GROUND BASED STRATEGIC DETERRENT 2,553,541 2,553,541 54 0207110F NEXT GENERATION AIR DOMINANCE 1,524,667 1,524,667 56 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 10,905 10,905 57 0208030F WAR RESERVE MATERIEL—AMMUNITION 3,943 3,943 59 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 43,881 43,881 61 0305601F MISSION PARTNER ENVIRONMENTS 16,420 16,420 62 0306250F CYBER OPERATIONS TECHNOLOGY SUPPORT 242,499 282,499 Coordination with private sector to protect against foreign malicious cyber actors [15,000] CYBERCOM enhanced attribution transition [25,000] 63 0306415F ENABLED CYBER ACTIVITIES 16,578 16,578 66 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 20,343 10,343 Contract writing systems reduction [–10,000] SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 8,899,759 9,226,059 SYSTEM DEVELOPMENT & DEMONSTRATION 78 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 23,499 23,499 79 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 167,520 167,520 80 0604222F NUCLEAR WEAPONS SUPPORT 30,050 30,050 81 0604270F ELECTRONIC WARFARE DEVELOPMENT 2,110 2,110 82 0604281F TACTICAL DATA NETWORKS ENTERPRISE 169,836 169,836 83 0604287F PHYSICAL SECURITY EQUIPMENT 8,469 8,469 85 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 9,047 9,047 86 0604604F SUBMUNITIONS 2,954 2,954 87 0604617F AGILE COMBAT SUPPORT 16,603 16,603 89 0604706F LIFE SUPPORT SYSTEMS 25,437 25,437 90 0604735F COMBAT TRAINING RANGES 23,980 37,180 Air Force combat training ranges [7,200] GPS denied training [3,000] Gulf test range improvement [3,000] 92 0604932F LONG RANGE STANDOFF WEAPON 609,042 609,042 93 0604933F ICBM FUZE MODERNIZATION 129,709 129,709 95 0605056F OPEN ARCHITECTURE MANAGEMENT 37,109 37,109 97 0605223F ADVANCED PILOT TRAINING 188,898 188,898 98 0605229F HH–60W 66,355 66,355 101 0207171F F–15 EPAWSS 112,012 112,012 102 0207328F STAND IN ATTACK WEAPON 166,570 166,570 103 0207701F FULL COMBAT MISSION TRAINING 7,064 7,064 105 0401221F KC–46A TANKER SQUADRONS 73,459 67,459 Future tanker development [–6,000] 107 0401319F VC–25B 680,665 680,665 108 0701212F AUTOMATED TEST SYSTEMS 15,445 15,445 109 0804772F TRAINING DEVELOPMENTS 4,482 4,482 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 2,570,315 2,577,515 MANAGEMENT SUPPORT 124 0604256F THREAT SIMULATOR DEVELOPMENT 41,909 41,909 125 0604759F MAJOR T&E INVESTMENT 130,766 130,766 126 0605101F RAND PROJECT AIR FORCE 36,017 36,017 128 0605712F INITIAL OPERATIONAL TEST & EVALUATION 12,582 12,582 129 0605807F TEST AND EVALUATION SUPPORT 811,032 811,032 131 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 243,796 243,796 132 0605828F ACQ WORKFORCE- GLOBAL REACH 435,930 435,930 133 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 435,274 435,274 135 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,806 243,806 136 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 103,041 103,041 137 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 226,055 226,055 138 0605898F MANAGEMENT HQ—R&D 4,079 4,079 139 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 70,788 70,788 140 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 30,057 30,057 141 0606017F REQUIREMENTS ANALYSIS AND MATURATION 85,799 85,799 142 0606398F MANAGEMENT HQ—T&E 6,163 6,163 143 0303166F SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 537 537 144 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 25,340 42,340 Air Force UFR—Build command and control framework [12,000] Rapid engineering architecture collaboration hub [5,000] 145 0308602F ENTERPRISE INFORMATION SERVICES (EIS) 28,720 28,720 146 0702806F ACQUISITION AND MANAGEMENT SUPPORT 37,211 37,211 147 0804731F GENERAL SKILL TRAINING 1,506 1,506 148 0804772F TRAINING DEVELOPMENTS 2,957 2,957 150 1001004F INTERNATIONAL ACTIVITIES 2,420 2,420 156 1206864F SPACE TEST PROGRAM (STP) 3 3 SUBTOTAL MANAGEMENT SUPPORT 3,015,788 3,032,788 OPERATIONAL SYSTEMS DEVELOPMENT 157 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 5,509 5,509 158 0604445F WIDE AREA SURVEILLANCE 2,760 2,760 160 0604840F F–35 C2D2 985,404 1,005,404 Program increase [20,000] 161 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 22,010 22,010 162 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 51,492 51,492 163 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 71,391 66,391 Program reduction [–5,000] 164 0605278F HC/MC–130 RECAP RDT&E 46,796 46,796 165 0606018F NC3 INTEGRATION 26,532 26,532 167 0101113F B–52 SQUADRONS 715,811 715,811 168 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 453 453 169 0101126F B–1B SQUADRONS 29,127 29,127 170 0101127F B–2 SQUADRONS 144,047 144,047 171 0101213F MINUTEMAN SQUADRONS 113,622 113,622 172 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 15,202 15,202 174 0101328F ICBM REENTRY VEHICLES 96,313 96,313 176 0102110F UH–1N REPLACEMENT PROGRAM 16,132 16,132 177 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 771 771 178 0102412F NORTH WARNING SYSTEM (NWS) 99 30,199 NORTHCOM UFR—Over the horizon radar [25,100] NORTHCOM UFR—Polar over the horizon radar [5,000] 179 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 42,300 42,300 180 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 5,889 5,889 181 0205219F MQ–9 UAV 85,135 85,135 182 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 3,111 3,111 183 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 36,607 36,607 184 0207131F A–10 SQUADRONS 39,224 39,224 185 0207133F F–16 SQUADRONS 224,573 224,573 186 0207134F F–15E SQUADRONS 239,616 239,616 187 0207136F MANNED DESTRUCTIVE SUPPRESSION 15,855 15,855 188 0207138F F–22A SQUADRONS 647,296 647,296 189 0207142F F–35 SQUADRONS 69,365 69,365 190 0207146F F–15EX 118,126 118,126 191 0207161F TACTICAL AIM MISSILES 32,974 32,974 192 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 51,288 51,288 193 0207227F COMBAT RESCUE—PARARESCUE 852 852 194 0207247F AF TENCAP 23,685 23,685 195 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 12,083 12,083 196 0207253F COMPASS CALL 91,266 91,266 197 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 103,715 106,715 Additive manufacturing [3,000] 198 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 117,325 117,325 199 0207327F SMALL DIAMETER BOMB (SDB) 27,109 27,109 201 0207412F CONTROL AND REPORTING CENTER (CRC) 9,875 9,875 202 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 171,014 171,014 203 0207418F AFSPECWAR—TACP 4,598 4,598 205 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 21,863 21,863 206 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 7,905 7,905 207 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 15,000 15,000 208 0207444F TACTICAL AIR CONTROL PARTY-MOD 13,081 13,081 209 0207452F DCAPES 4,305 4,305 210 0207521F AIR FORCE CALIBRATION PROGRAMS 1,984 1,984 211 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 7,392 7,392 212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 1,971 1,971 213 0207590F SEEK EAGLE 30,539 30,539 214 0207601F USAF MODELING AND SIMULATION 17,110 17,110 215 0207605F WARGAMING AND SIMULATION CENTERS 7,535 7,535 216 0207610F BATTLEFIELD ABN COMM NODE (BACN) 32,008 32,008 217 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,007 4,007 218 0208006F MISSION PLANNING SYSTEMS 92,557 92,557 219 0208007F TACTICAL DECEPTION 489 489 220 0208064F OPERATIONAL HQ—CYBER 2,115 2,115 221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 72,487 72,487 222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 18,449 18,449 223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 79,079 79,079 224 0208099F UNIFIED PLATFORM (UP) 101,893 101,893 228 0208288F INTEL DATA APPLICATIONS 493 493 229 0301025F GEOBASE 2,782 2,782 231 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 5,224 5,224 238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 2,463 2,463 239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 26,331 26,331 240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 58,165 58,165 242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 8,032 3,032 Identity, credentialing, and access management reduction [–5,000] 243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 452 452 244 0303248F ALL DOMAIN COMMON PLATFORM 64,000 64,000 246 0304260F AIRBORNE SIGINT ENTERPRISE 97,546 97,546 247 0304310F COMMERCIAL ECONOMIC ANALYSIS 3,770 3,770 251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,663 1,663 252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 18,888 18,888 253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,672 4,672 254 0305103F CYBER SECURITY INITIATIVE 290 290 255 0305111F WEATHER SERVICE 26,228 27,228 Weather forecasting using machine learning [1,000] 256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,749 8,749 257 0305116F AERIAL TARGETS 1,528 126,528 Unmanned adversary air platforms [125,000] 260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 223 223 262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 8,733 8,733 264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,335 21,335 265 0305202F DRAGON U–2 17,146 74,146 Air Force UFR—Antenna replacement [57,000] 267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 71,791 138,791 Air Force UFR—ASARS processor and antenna development [67,000] 268 0305207F MANNED RECONNAISSANCE SYSTEMS 14,799 14,799 269 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 24,568 24,568 270 0305220F RQ–4 UAV 83,124 83,124 271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 17,224 17,224 272 0305238F NATO AGS 19,473 19,473 273 0305240F SUPPORT TO DCGS ENTERPRISE 40,421 40,421 274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 14,473 14,473 275 0305881F RAPID CYBER ACQUISITION 4,326 4,326 276 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,567 2,567 277 0307577F INTELLIGENCE MISSION DATA (IMD) 6,169 6,169 278 0401115F C–130 AIRLIFT SQUADRON 9,752 9,752 279 0401119F C–5 AIRLIFT SQUADRONS (IF) 17,507 17,507 280 0401130F C–17 AIRCRAFT (IF) 16,360 16,360 281 0401132F C–130J PROGRAM 14,112 14,112 282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,540 5,540 283 0401218F KC–135S 3,564 3,564 285 0401318F CV–22 17,189 17,189 286 0408011F SPECIAL TACTICS / COMBAT CONTROL 6,640 6,640 288 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 26,921 26,921 289 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 7,071 7,071 291 0804743F OTHER FLIGHT TRAINING 1,999 1,999 293 0901202F JOINT PERSONNEL RECOVERY AGENCY 1,841 1,841 294 0901218F CIVILIAN COMPENSATION PROGRAM 3,560 3,560 295 0901220F PERSONNEL ADMINISTRATION 3,368 3,368 296 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 1,248 1,248 297 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 4,852 4,852 301 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 6,737 6,737 999 9999999999 CLASSIFIED PROGRAMS 15,868,973 15,823,973 Program reduction [–150,000] Project A [–5,000] Project B [–5,000] Project C [–10,000] Project D [75,000] Project E [50,000] SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,743,003 21,991,103 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 317 0608158F STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM 96,100 96,100 318 0608410F AIR & SPACE OPERATIONS CENTER (AOC)—SOFTWARE PILOT PROGRAM 186,918 186,918 319 0608920F DEFENSE ENTERPRISE ACCOUNTING AND MANAGEMENT SYSTEM (DEAMS)—SOFTWARE PILOT PRO 135,263 135,263 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 418,281 418,281 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 39,179,649 40,095,349 RDTE, SPACE FORCE APPLIED RESEARCH 1 1206601SF SPACE TECHNOLOGY 181,209 204,909 Battery cycle life improvements [3,000] Radiation hardened microelectronics [5,000] Space Force UFR—Innovation applications [15,700] SUBTOTAL APPLIED RESEARCH 181,209 204,909 ADVANCED TECHNOLOGY DEVELOPMENT 2 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 75,919 146,919 Space Force UFR—Accelerate Cislunar flight experiment [61,000] SPACECOM UFR—Joint space rapid experimentation and demonstration [10,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 75,919 146,919 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 3 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 434,194 434,194 4 1203710SF EO/IR WEATHER SYSTEMS 162,274 162,274 5 1203905SF SPACE SYSTEM SUPPORT 37,000 37,000 6 1206422SF WEATHER SYSTEM FOLLOW-ON 61,521 61,521 7 1206425SF SPACE SITUATION AWARENESS SYSTEMS 123,262 130,262 Space Force UFR—Maui optical site [7,000] 8 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 101,851 129,851 Space Force UFR—Expand Blackjack radio frequency payloads [28,000] 9 1206438SF SPACE CONTROL TECHNOLOGY 32,931 32,931 10 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 56,546 56,546 11 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 100,320 109,320 Space Force UFR—PTES Prototype Development [9,000] 12 1206761SF PROTECTED TACTICAL SERVICE (PTS) 243,285 243,285 13 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 160,056 160,056 14 1206857SF SPACE RAPID CAPABILITIES OFFICE 66,193 66,193 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 1,579,433 1,623,433 SYSTEM DEVELOPMENT & DEMONSTRATION 15 1203269SF GPS III FOLLOW-ON (GPS IIIF) 264,265 264,265 16 1203940SF SPACE SITUATION AWARENESS OPERATIONS 56,279 56,279 17 1206421SF COUNTERSPACE SYSTEMS 38,063 38,063 18 1206422SF WEATHER SYSTEM FOLLOW-ON 1,438 1,438 19 1206425SF SPACE SITUATION AWARENESS SYSTEMS 127,026 136,026 Space Force UFR—Add space domain rapid innovation pathfinders [9,000] 20 1206431SF ADVANCED EHF MILSATCOM (SPACE) 28,218 28,218 21 1206432SF POLAR MILSATCOM (SPACE) 127,870 127,870 22 1206442SF NEXT GENERATION OPIR 2,451,256 2,451,256 23 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 23,400 23,400 24 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 221,510 230,710 Space Force UFR—Liquid oxygen explosive tests [9,200] SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,339,325 3,357,525 MANAGEMENT SUPPORT 25 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT 19,319 52,619 Space Force UFR—Signal emulation generation subsystem [33,300] 26 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 214,051 214,051 27 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 12,119 12,119 28 1206759SF MAJOR T&E INVESTMENT—SPACE 71,503 71,503 29 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,769 27,769 Tactically responsive launch [10,000] 31 1206864SF SPACE TEST PROGRAM (STP) 20,881 20,881 SUBTOTAL MANAGEMENT SUPPORT 355,642 398,942 OPERATIONAL SYSTEM DEVELOPMENT 33 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 4,731 4,731 34 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 156,788 156,788 35 1203040SF DCO-SPACE 2,150 13,050 Space Force UFR—Cyber defense platforms for SBIRs and ground-based radar [10,900] 36 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 112,012 112,012 37 1203110SF SATELLITE CONTROL NETWORK (SPACE) 36,810 36,810 38 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 1,966 1,966 39 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 1,699 5,699 Space Force UFR—Improve operations of payload adapter [4,000] 40 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 18,054 38,054 Space Force UFR—Digitial core services for distributed space test and training [20,000] 41 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,115 11,115 42 1203265SF GPS III SPACE SEGMENT 7,207 7,207 43 1203330SF SPACE SUPERIORITY ISR 18,109 18,109 44 1203620SF NATIONAL SPACE DEFENSE CENTER 1,280 1,280 45 1203873SF BALLISTIC MISSILE DEFENSE RADARS 12,292 12,292 46 1203906SF NCMC—TW/AA SYSTEM 9,858 9,858 47 1203913SF NUDET DETECTION SYSTEM (SPACE) 45,887 45,887 48 1203940SF SPACE SITUATION AWARENESS OPERATIONS 64,763 64,763 49 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 413,766 413,766 53 1206770SF ENTERPRISE GROUND SERVICES 191,713 191,713 999 9999999999 CLASSIFIED PROGRAMS 4,474,809 4,763,809 Program increase [10,000] Space Force UFR—classified [279,000] SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 5,585,009 5,908,909 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 54 1203614SF JSPOC MISSION SYSTEM 154,529 154,529 SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 154,529 154,529 TOTAL RDTE, SPACE FORCE 11,271,066 11,795,166 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 1 0601000BR DTRA BASIC RESEARCH 11,828 11,828 2 0601101E DEFENSE RESEARCH SCIENCES 395,781 410,781 Increase for DARPA-funded university research activities [15,000] 3 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 15,390 15,390 4 0601110D8Z BASIC RESEARCH INITIATIVES 39,828 72,328 DEPSCoR [10,000] Minerva management and social science research [22,500] 5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 76,018 81,018 Traumatic brain injury research [5,000] 6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 112,195 113,695 DOD laboratory workforce development program [1,500] 7 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 31,136 31,136 8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 34,708 34,708 SUBTOTAL BASIC RESEARCH 716,884 770,884 APPLIED RESEARCH 9 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,591 19,591 10 0602115E BIOMEDICAL TECHNOLOGY 108,698 123,698 Program increase [15,000] 12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 22,918 72,918 6G and beyond experimentation efforts [50,000] 13 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 55,692 55,692 14 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 65,015 65,015 15 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 430,363 745,363 National Security Commission on Artificial Intelligence implementation [200,000] Program increase [15,000] Quantum computing acceleration [100,000] 16 0602383E BIOLOGICAL WARFARE DEFENSE 31,421 31,421 17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 206,956 206,956 18 0602668D8Z CYBER SECURITY RESEARCH 15,380 15,380 19 0602702E TACTICAL TECHNOLOGY 202,515 202,515 20 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 317,024 332,024 Program increase [15,000] 21 0602716E ELECTRONICS TECHNOLOGY 357,384 372,384 Program increase [15,000] 22 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 197,011 197,011 23 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 9,601 9,601 24 0602890D8Z HIGH ENERGY LASER RESEARCH 45,997 45,997 25 1160401BB SOF TECHNOLOGY DEVELOPMENT 44,829 44,829 SUBTOTAL APPLIED RESEARCH 2,130,395 2,540,395 ADVANCED TECHNOLOGY DEVELOPMENT 26 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 23,213 23,213 27 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 4,665 4,665 28 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 69,376 69,376 29 0603133D8Z FOREIGN COMPARATIVE TESTING 25,432 45,432 Domestic comparative testing program [20,000] 31 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 399,362 399,362 32 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 15,800 21,000 MDA UFR—Cybersecurity improvements [5,200] 33 0603180C ADVANCED RESEARCH 21,466 26,466 High speed flight experiment testing [5,000] 34 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 51,340 51,340 35 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,063 19,063 36 0603286E ADVANCED AEROSPACE SYSTEMS 174,043 174,043 37 0603287E SPACE PROGRAMS AND TECHNOLOGY 101,524 101,524 38 0603288D8Z ANALYTIC ASSESSMENTS 24,012 24,012 39 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 51,513 51,513 42 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING 115,443 190,443 Rapid Innovation Program [75,000] 43 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 31,873 31,873 44 0603375D8Z TECHNOLOGY INNOVATION 54,433 54,433 45 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 197,824 197,824 46 0603527D8Z RETRACT LARCH 99,175 99,175 47 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 18,221 18,221 48 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 102,669 102,669 49 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 2,984 2,984 50 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 134,022 145,522 Certification-based workforce training programs for manufacturing [3,000] Cybersecurity for industrial control systems [3,000] Data analytics and visual system [3,000] Integrated silicon-based lasers [2,500] 51 0603680S MANUFACTURING TECHNOLOGY PROGRAM 37,543 46,543 HPC-enabled large-scale advanced manufacturing [4,000] Steel Performance Initiative [5,000] 53 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 12,418 12,418 54 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 51,863 51,863 55 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 160,821 160,821 56 0603727D8Z JOINT WARFIGHTING PROGRAM 2,169 2,169 57 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 116,716 131,716 Program increase [15,000] 58 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 251,794 266,794 Program increase [15,000] 59 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 584,771 689,771 Artificial intelligence research activities [100,000] Deep water active technologies [5,000] 60 0603767E SENSOR TECHNOLOGY 294,792 259,792 Program reduction [–35,000] 61 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 6,398 6,398 62 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 14,677 14,677 65 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 107,397 107,397 66 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 267,161 267,161 67 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,270 21,270 68 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 74,300 74,300 74 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 93,415 93,415 75 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 172,638 172,638 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 4,007,596 4,233,296 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 76 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 28,687 28,687 77 0603600D8Z WALKOFF 108,652 108,652 79 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 71,429 71,429 80 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 277,949 279,949 Survivability planning and intercept evaluation tool [2,000] 81 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 745,144 745,144 82 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 129,445 129,445 83 0603884C BALLISTIC MISSILE DEFENSE SENSORS 224,750 227,762 MDA UFR—Cybersecurity improvements [3,012] 84 0603890C BMD ENABLING PROGRAMS 595,301 714,497 MDA UFR—Cybersecurity improvements [44,830] MDA UFR—System survivability in radiation environments [20,166] MDA UFR—Tower-based fire control sensor for cruise missile defense [27,000] NORTHCOM UFR—NCR elevated radar [27,200] 85 0603891C SPECIAL PROGRAMS—MDA 413,374 413,374 86 0603892C AEGIS BMD 732,512 780,912 MDA UFR—Radar upgrades [48,400] 87 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 603,448 609,924 MDA UFR—Cybersecurity improvements [2,000] MDA UFR—JADC2 integration [4,476] 88 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 50,594 50,594 89 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 52,403 52,403 90 0603906C REGARDING TRENCH 11,952 11,952 91 0603907C SEA BASED X-BAND RADAR (SBX) 147,241 147,241 92 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000 93 0603914C BALLISTIC MISSILE DEFENSE TEST 362,906 362,906 94 0603915C BALLISTIC MISSILE DEFENSE TARGETS 553,334 553,334 96 0603923D8Z COALITION WARFARE 5,103 5,103 97 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 374,665 474,665 5G acceleration activities [100,000] 98 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,259 3,259 99 0604102C GUAM DEFENSE DEVELOPMENT 78,300 232,750 INDOPACOM UFR—Guam Defense System [154,450] 103 0604181C HYPERSONIC DEFENSE 247,931 309,796 MDA UFR—Accelerate hypersonic defensive systems [61,865] 104 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 716,456 681,456 Program increase—Project B [60,000] Program reduction—Project A [–10,000] Program reduction—strategic capabilities research and prototyping [–100,000] Thermionic energy generation [15,000] 105 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 509,195 509,195 106 0604331D8Z RAPID PROTOTYPING PROGRAM 103,575 53,575 Program reduction—joint affordable kill chain [–50,000] 107 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING 11,213 11,213 108 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,778 2,778 109 0604551BR CATAPULT 7,166 7,166 110 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 23,200 23,200 111 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) 0 76,000 INDOPACOM UFR—Restoration of HDR-H [76,000] 113 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,519 3,519 114 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 17,439 42,439 Joint All-Domain Command and Control experimentation [25,000] 115 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 133,335 133,335 116 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 926,125 926,125 117 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 32,697 32,697 118 0604878C AEGIS BMD TEST 117,055 117,055 119 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 77,428 77,428 120 0604880C LAND-BASED SM–3 (LBSM3) 43,158 43,158 121 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 61,424 61,424 122 0202057C SAFETY PROGRAM MANAGEMENT 2,323 2,323 123 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,568 2,568 125 0305103C CYBER SECURITY INITIATIVE 1,142 1,142 126 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 636,179 649,179 Laser communication ground terminals [5,000] Space laser communications [8,000] 127 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM 15,176 15,176 128 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 292,811 292,811 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,854,341 10,378,740 SYSTEM DEVELOPMENT & DEMONSTRATION 129 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 5,682 5,682 131 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 299,848 299,848 132 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,345 9,345 133 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,063 14,063 134 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 4,265 4,265 135 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 7,205 7,205 136 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 5,447 5,447 137 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 16,892 16,892 138 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 679 679 140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 32,254 32,254 142 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 5,500 5,500 143 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 7,148 7,148 144 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 113,895 113,895 146 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 3,991 3,991 149 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 2,227 2,227 150 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 20,246 20,246 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 548,687 548,687 MANAGEMENT SUPPORT 151 0603829J JOINT CAPABILITY EXPERIMENTATION 8,444 8,444 152 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 7,508 7,508 153 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 7,859 7,859 154 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 550,140 554,140 Wave glider development [4,000] 155 0604942D8Z ASSESSMENTS AND EVALUATIONS 17,980 17,980 156 0605001E MISSION SUPPORT 73,145 73,145 157 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 71,410 71,410 159 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 52,671 52,671 161 0605142D8Z SYSTEMS ENGINEERING 40,030 25,030 Program reduction [–15,000] 162 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 4,612 9,612 Acquisition Innovation Research Center [5,000] 163 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 14,429 14,429 164 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 4,759 4,759 165 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 1,952 1,952 166 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 110,503 110,503 172 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,639 3,639 173 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 25,889 25,889 174 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 39,774 39,774 175 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 61,453 11,453 Program reduction [–50,000] 176 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 18,762 18,762 177 0605804D8Z DEVELOPMENT TEST AND EVALUATION 27,366 27,366 178 0605898E MANAGEMENT HQ—R&D 12,740 12,740 179 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,549 3,549 180 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 15,438 15,438 181 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 2,897 2,897 182 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT 918 918 183 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 31,638 31,638 184 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 2,925 2,925 185 0204571J JOINT STAFF ANALYTICAL SUPPORT 977 977 186 0208045K C4I INTEROPERABILITY 55,361 55,361 189 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 853 853 191 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 969 969 192 0305172K COMBINED ADVANCED APPLICATIONS 15,696 15,696 194 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,073 3,073 197 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 29,530 29,530 198 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 689 689 199 0901598C MANAGEMENT HQ—MDA 24,102 24,102 200 0903235K JOINT SERVICE PROVIDER (JSP) 2,645 2,645 999 9999999999 CLASSIFIED PROGRAMS 37,520 37,520 SUBTOTAL MANAGEMENT SUPPORT 1,383,845 1,327,845 OPERATIONAL SYSTEMS DEVELOPMENT 202 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 5,355 5,355 203 0604532K JOINT ARTIFICIAL INTELLIGENCE 10,033 10,033 206 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 58,189 97,439 Defense industrial skills and technology training systems [4,000] Demonstration program on domestic production of rare earth elements from coal byproducts [3,000] Digital manufacturing [1,500] Industrial skills training [2,500] Rare earth element separation technologies [7,500] Submarine construction workforce training pipeline [20,750] 207 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 18,721 18,721 208 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 7,398 7,398 209 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 58,261 58,261 215 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 16,233 16,233 216 0303126K LONG-HAUL COMMUNICATIONS—DCS 10,275 10,275 217 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 4,892 4,892 218 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 83,751 83,751 219 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 49,191 69,191 Workforce transformation cyber initiative pilot program [20,000] 220 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 423,745 463,745 Additional cybersecurity support for the defense industrial base [25,000] Pilot program on public-private partnership with internet ecosystem companies [25,000] Program reduction [–10,000] 221 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 5,707 5,707 222 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 4,150 4,150 223 0303153K DEFENSE SPECTRUM ORGANIZATION 19,302 19,302 224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 9,342 9,342 226 0303430V FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY 15,326 15,326 232 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES 8,800 8,800 235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 3,820 3,820 237 0305186D8Z POLICY R&D PROGRAMS 4,843 4,843 238 0305199D8Z NET CENTRICITY 13,471 13,471 240 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,994 5,994 247 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,273 1,273 255 0708012K LOGISTICS SUPPORT ACTIVITIES 1,690 1,690 256 0708012S PACIFIC DISASTER CENTERS 1,799 1,799 257 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 6,390 6,390 259 1105219BB MQ–9 UAV 19,065 19,065 261 1160403BB AVIATION SYSTEMS 173,537 173,537 262 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 32,766 32,766 263 1160408BB OPERATIONAL ENHANCEMENTS 145,830 145,830 264 1160431BB WARRIOR SYSTEMS 78,592 82,803 SOCOM UFR—Maritime scalable effects acceleration [4,211] 265 1160432BB SPECIAL PROGRAMS 6,486 6,486 266 1160434BB UNMANNED ISR 18,006 18,006 267 1160480BB SOF TACTICAL VEHICLES 7,703 7,703 268 1160483BB MARITIME SYSTEMS 58,430 58,430 270 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 10,990 10,990 999 9999999999 CLASSIFIED PROGRAMS 5,208,029 5,198,029 Project A [–10,000] SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,607,385 6,700,846 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 272 0604532K JOINT ARTIFICIAL INTELLIGENCE 186,639 186,639 273 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM 123,570 123,570 274 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 18,307 18,307 275 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 32,774 32,774 276 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM 247,452 247,452 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 608,742 608,742 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 25,857,875 27,109,435 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 1 0605118OTE OPERATIONAL TEST AND EVALUATION 105,394 105,394 2 0605131OTE LIVE FIRE TEST AND EVALUATION 68,549 68,549 3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 42,648 62,648 Joint Test and Evaluation restoration [20,000] SUBTOTAL MANAGEMENT SUPPORT 216,591 236,591 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 216,591 236,591 TOTAL RDT&E 111,964,188 116,106,252 XLIII OPERATION AND MAINTENANCE 4301. OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) Line Item FY 2022 Request Senate Authorized OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 3,563,856 3,563,856 020 MODULAR SUPPORT BRIGADES 142,082 142,082 030 ECHELONS ABOVE BRIGADE 758,174 758,174 040 THEATER LEVEL ASSETS 2,753,783 2,867,212 Army UFR—PM WIN-T SNAP & GRRIP for OIR [1,654] Army UFR—PM WIN-T SNAP & GRRIP for OSS [5,775] CENTCOM UFR—PATRIOT support [106,000] 050 LAND FORCES OPERATIONS SUPPORT 1,110,156 1,110,156 060 AVIATION ASSETS 1,795,522 1,795,522 070 FORCE READINESS OPERATIONS SUPPORT 7,442,976 7,982,801 Army UFR—Arctic cold weather gloves [13,867] Army UFR—Arctic OCIE [65,050] Army UFR—ECWCS procurement [8,999] Army UFR—Female/small stature body armor [81,750] Army UFR—Garrison Installation Facilities-Related Control Systems (FRCS) [13,071] Army UFR—Heavylift transportation for OIR [33,854] Army UFR—Industrial base special installation control systems [14,824] Army UFR—Medical sustainment level maintenance [16,400] Army UFR—Mission Partner Environment [6,300] Army UFR—Support to Homeland Contingency Operatons [228,410] Army UFR—TADSS maintenance [17,000] CENTCOM UFR—Heavylift logistics [40,300] 080 LAND FORCES SYSTEMS READINESS 580,921 614,921 CENTCOM UFR—COMSAT air time [34,000] 090 LAND FORCES DEPOT MAINTENANCE 1,257,959 1,590,055 Army UFR—Aerial-Intelligence, Surveillance, Reconnaissance (A-ISR) Sustainment [38,900] Army UFR—Communications & Electronics Repair Cycle Float [3,200] Army UFR—Tactical Combat Vehicle Repair Cycle Float [89,017] Army UFR—UH–60 L-L Repair Cycle Float [125,565] Army UFR—Weapon system software readiness [75,414] 100 MEDICAL READINESS 1,102,964 1,102,964 110 BASE OPERATIONS SUPPORT 8,878,603 8,946,132 Army UFR—Accelerate food service modernization [25,129] Army UFR—Army Climate Assessment Tool (ACAT) [1,000] Army UFR—Electrical grid improvements for electric vehicle charging stations [20,000] Army UFR—GSA leased vehicles [14,700] Army UFR—Monitoring and predicting desertification [1,200] Army UFR—Multi-Domain Operations-Live [1,500] Army UFR—Natural infrastructure and range lands, climate resilence at Ft. Huachuca [4,000] 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,051,869 4,891,954 Army UFR—Critical organic industrial base production capacity [7,400] Army UFR—Fort Belvoir CDC Restoration and Modernization [1,380] Army UFR—Fort Polk CDC Restoration and Modernization [2,305] Program increase FSRM to 100% [829,000] 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 289,891 289,891 140 ADDITIONAL ACTIVITIES 526,517 578,517 Army UFR—EDI ADOS [52,000] 160 RESET 397,196 397,196 170 US AFRICA COMMAND 384,791 518,337 AFRICOM UFR—Commercial SATCOM [16,500] AFRICOM UFR—ISR improvements [67,000] Army UFR—MQ–9 COCO Support to AFRICOM [50,046] 180 US EUROPEAN COMMAND 293,932 335,910 EUCOM UFR—Information Operations [26,765] EUCOM UFR—Mission Partner Environment [15,213] 190 US SOUTHERN COMMAND 196,726 196,726 200 US FORCES KOREA 67,052 67,052 210 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 621,836 685,898 Army UFR—Autonomic Security Operations Center [1,150] Army UFR—Critical infrastructure risk management cyber resiliency mitigations [13,630] Army UFR—MRCT / Cyber I&W / Ops Cell [4,655] Army UFR—Security Operations Center as a Service (SOCaaS) [44,627] 220 CYBERSPACE ACTIVITIES—CYBERSECURITY 629,437 726,176 Army UFR—C-SCRM supplier vetting and equipment inspection [1,200] Army UFR—Cybersecurity control systems assessments [89,889] Army UFR—Cyber-Supply Chain Risk Mgmt (C-SCRM) program [2,750] Army UFR—Defensive cyber sensors [2,900] SUBTOTAL OPERATING FORCES 36,846,243 39,161,532 MOBILIZATION 230 STRATEGIC MOBILITY 353,967 485,063 Army UFR—APS–3 Afloat ship use rate cost increases [114,495] Army UFR—Medical CBRN equipment [16,601] 240 ARMY PREPOSITIONED STOCKS 381,192 701,139 Army UFR—APS–1 CONUS Operational Project Care of Supplies in Storage [10,271] Army UFR—APS–2 Europe Care of Supplies In Storage [193,746] Army UFR—APS–4 South Humanitarian Assistance Disaster Relief Site [31,487] Army UFR—Medical equipment [84,443] 250 INDUSTRIAL PREPAREDNESS 3,810 3,810 SUBTOTAL MOBILIZATION 738,969 1,190,012 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 163,568 163,568 270 RECRUIT TRAINING 75,140 75,140 280 ONE STATION UNIT TRAINING 81,274 81,274 290 SENIOR RESERVE OFFICERS TRAINING CORPS 520,973 520,973 300 SPECIALIZED SKILL TRAINING 998,869 998,869 310 FLIGHT TRAINING 1,309,556 1,309,556 320 PROFESSIONAL DEVELOPMENT EDUCATION 218,651 218,651 330 TRAINING SUPPORT 616,380 634,480 Army UFR—ATRRS Modernization [18,100] 340 RECRUITING AND ADVERTISING 683,569 684,963 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,394] 350 EXAMINING 169,442 169,442 360 OFF-DUTY AND VOLUNTARY EDUCATION 214,923 231,078 Army UFR—Tuition assistance [16,155] 370 CIVILIAN EDUCATION AND TRAINING 220,589 220,589 380 JUNIOR RESERVE OFFICER TRAINING CORPS 187,569 187,569 SUBTOTAL TRAINING AND RECRUITING 5,460,503 5,496,152 ADMIN & SRVWIDE ACTIVITIES 400 SERVICEWIDE TRANSPORTATION 684,562 776,778 Army UFR—Second destination transportation [70,716] Army UFR—Transportation management system [21,500] 410 CENTRAL SUPPLY ACTIVITIES 808,895 898,795 Army UFR—Advanced additive manufacturing [89,900] 420 LOGISTIC SUPPORT ACTIVITIES 767,053 873,517 Army UFR—AMC LITeS [29,104] Army UFR—Deployments and mobilizations for Operation Spartan Shield (OSS) [77,360] 430 AMMUNITION MANAGEMENT 469,038 469,038 440 ADMINISTRATION 488,535 492,535 Joint Counter-UAS Office training support [4,000] 450 SERVICEWIDE COMMUNICATIONS 1,952,742 2,018,125 Army UFR—CHRA IT Cloud [5,300] Army UFR—ERP convergence/modernization [49,420] Army UFR—Harden CSS VSAT network [10,663] 460 MANPOWER MANAGEMENT 323,273 323,273 470 OTHER PERSONNEL SUPPORT 663,602 730,041 Army UFR—Enterprise Technology Integration, Governance, and Engineering Requirements (ETIGER) [1,393] Army UFR—HR cloud and IT modernization [29,675] Army UFR—integrated Personnel Electronic Records Management System (iPERMS) [5,371] Army UFR—Personnel security investigations [30,000] 480 OTHER SERVICE SUPPORT 2,004,981 2,071,057 Army UFR—DFAS cost estimation [49,983] Army UFR—Presidential and DOD support [16,093] 490 ARMY CLAIMS ACTIVITIES 180,178 180,178 500 REAL ESTATE MANAGEMENT 269,009 274,009 Army real estate inventory system [5,000] 510 FINANCIAL MANAGEMENT AND AUDIT READINESS 437,940 437,940 520 INTERNATIONAL MILITARY HEADQUARTERS 482,571 482,571 530 MISC. SUPPORT OF OTHER NATIONS 29,670 29,670 9999 CLASSIFIED PROGRAMS 2,008,633 2,063,571 Army UFR—Helios Dagger [14,710] SOUTHCOM UFR—Additional non-traditional ISR operations [22,228] SOUTHCOM UFR—Additional traditional ISR operations [18,000] SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 11,570,682 12,121,098 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –826,660 Bulk fuel adjustment [–25,560] Foreign currency fluctuations [–81,000] Printing costs reduction [–5,100] Unobligated balances [–715,000] SUBTOTAL UNDISTRIBUTED 0 –826,660 TOTAL OPERATION & MAINTENANCE, ARMY 54,616,397 57,142,134 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 10,465 10,465 020 ECHELONS ABOVE BRIGADE 554,992 554,992 030 THEATER LEVEL ASSETS 120,892 120,892 040 LAND FORCES OPERATIONS SUPPORT 597,718 597,718 050 AVIATION ASSETS 111,095 111,095 060 FORCE READINESS OPERATIONS SUPPORT 385,506 385,506 070 LAND FORCES SYSTEMS READINESS 98,021 98,021 080 LAND FORCES DEPOT MAINTENANCE 34,368 34,368 090 BASE OPERATIONS SUPPORT 584,513 620,513 Army UFR—Repair Transient Training Officer Barracks Bldg 5406, ASA Dix [18,000] Army UFR—Repair Transient Training Officer Barracks Bldg 5502, ASA Dix [18,000] 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 342,433 342,433 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 22,472 22,472 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 2,764 2,764 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,476 7,476 SUBTOTAL OPERATING FORCES 2,872,715 2,908,715 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 15,400 15,400 150 ADMINISTRATION 19,611 19,611 160 SERVICEWIDE COMMUNICATIONS 37,458 37,458 170 MANPOWER MANAGEMENT 7,162 7,162 180 RECRUITING AND ADVERTISING 48,289 48,289 SUBTOTAL ADMIN & SRVWD ACTIVITIES 127,920 127,920 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –42,995 Bulk fuel adjustment [–3,195] Unobligated balances [–39,800] SUBTOTAL UNDISTRIBUTED 0 –42,995 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,000,635 2,993,640 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 799,854 799,854 020 MODULAR SUPPORT BRIGADES 211,561 211,561 030 ECHELONS ABOVE BRIGADE 835,709 835,709 040 THEATER LEVEL ASSETS 101,179 101,179 050 LAND FORCES OPERATIONS SUPPORT 34,436 34,436 060 AVIATION ASSETS 1,110,416 1,110,416 070 FORCE READINESS OPERATIONS SUPPORT 704,827 709,827 CNGB UFR—Weapons of Mass Destruction Civil Support Teams Equipment Sustainment [5,000] 080 LAND FORCES SYSTEMS READINESS 47,886 47,886 090 LAND FORCES DEPOT MAINTENANCE 244,439 244,439 100 BASE OPERATIONS SUPPORT 1,097,960 1,097,960 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 956,988 1,007,813 Army UFR—Force Projection Outload Facility [2,520] Army UFR—Operational Readiness Training Complex [48,305] 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,047,870 1,047,870 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 8,071 8,071 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,828 7,828 SUBTOTAL OPERATING FORCES 7,209,024 7,264,849 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 8,017 8,017 160 ADMINISTRATION 76,993 106,987 CNGB UFR—Joint information exchange environment [6,300] State Partnership Program—restore to FY21 levels [23,694] 170 SERVICEWIDE COMMUNICATIONS 101,113 101,113 180 MANPOWER MANAGEMENT 8,920 8,920 190 OTHER PERSONNEL SUPPORT 240,292 240,292 200 REAL ESTATE MANAGEMENT 2,850 2,850 SUBTOTAL ADMIN & SRVWD ACTIVITIES 438,185 468,179 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –113,795 Bulk fuel adjustment [–3,195] Unobligated balances [–110,600] SUBTOTAL UNDISTRIBUTED 0 –113,795 TOTAL OPERATION & MAINTENANCE, ARNG 7,647,209 7,619,233 AFGHANISTAN SECURITY FORCES FUND AFGHAN NATIONAL ARMY 010 SUSTAINMENT 1,053,668 1,053,668 020 INFRASTRUCTURE 1,818 1,818 030 EQUIPMENT AND TRANSPORTATION 22,911 22,911 040 TRAINING AND OPERATIONS 31,837 31,837 SUBTOTAL AFGHAN NATIONAL ARMY 1,110,234 1,110,234 AFGHAN NATIONAL POLICE 050 SUSTAINMENT 440,628 440,628 070 EQUIPMENT AND TRANSPORTATION 38,551 38,551 080 TRAINING AND OPERATIONS 38,152 38,152 SUBTOTAL AFGHAN NATIONAL POLICE 517,331 517,331 AFGHAN AIR FORCE 090 SUSTAINMENT 562,056 562,056 110 EQUIPMENT AND TRANSPORTATION 26,600 26,600 120 TRAINING AND OPERATIONS 169,684 169,684 SUBTOTAL AFGHAN AIR FORCE 758,340 758,340 AFGHAN SPECIAL SECURITY FORCES 130 SUSTAINMENT 685,176 685,176 150 EQUIPMENT AND TRANSPORTATION 78,962 78,962 160 TRAINING AND OPERATIONS 177,767 177,767 SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 941,905 941,905 TOTAL AFGHANISTAN SECURITY FORCES FUND 3,327,810 3,327,810 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 345,000 345,000 020 SYRIA 177,000 177,000 SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 522,000 522,000 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 6,264,654 6,545,054 Navy UFR—Flying hour program - fleet operations [280,400] 020 FLEET AIR TRAINING 2,465,007 2,621,907 Navy UFR—Flying hour program - fleet replacement squadron [156,900] 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 55,140 55,140 040 AIR OPERATIONS AND SAFETY SUPPORT 197,904 197,904 050 AIR SYSTEMS SUPPORT 1,005,932 1,005,932 060 AIRCRAFT DEPOT MAINTENANCE 1,675,356 1,897,556 Navy UFR—Additional aircraft depot maintenance events [222,200] 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 65,518 65,518 080 AVIATION LOGISTICS 1,460,546 1,460,546 090 MISSION AND OTHER SHIP OPERATIONS 5,858,028 5,934,028 Navy UFR—Resilient Communications and PNT for Combat Logistics Fleet (CLF) [34,000] Navy UFR—Submarine Tender Overhaul [42,000] 100 SHIP OPERATIONS SUPPORT & TRAINING 1,154,696 1,168,196 Navy UFR—Accelerate Naval Tactical Grid Development for Joint All-Domain Command and Control (JADC2) [200] Navy UFR—Naval Operational Business Logistics Enterprise (NOBLE) [13,300] 110 SHIP DEPOT MAINTENANCE 10,300,078 10,339,878 Navy UFR—A–120 availability [39,800] 120 SHIP DEPOT OPERATIONS SUPPORT 2,188,454 2,224,454 Navy UFR—CG Modernization Pricing [36,000] 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,551,846 1,551,846 140 SPACE SYSTEMS AND SURVEILLANCE 327,251 339,251 Navy UFR—T-AGOS maintenance and repair [12,000] 150 WARFARE TACTICS 798,082 798,082 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 447,486 447,486 170 COMBAT SUPPORT FORCES 2,250,756 2,297,856 CENTCOM UFR—Naval patrol craft support [47,100] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 192,968 192,968 190 COMBATANT COMMANDERS CORE OPERATIONS 61,614 61,614 200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 198,596 449,436 INDOPACOM UFR—Critical HQ manpower positions [4,620] INDOPACOM UFR—Future fusion centers [3,300] INDOPACOM UFR—ISR augmentation [41,000] INDOPACOM UFR—Mission Partner Environment [54,010] INDOPACOM UFR—Multi-Domain Training and Experimentation Capability [59,410] INDOPACOM UFR—Pacific Movement Coordination Center [500] INDOPACOM UFR—Wargaming analytical tools [88,000] 210 MILITARY INFORMATION SUPPORT OPERATIONS 8,984 36,984 INDOPACOM UFR—Military Information Support Ops [28,000] 220 CYBERSPACE ACTIVITIES 565,926 560,926 Identity, credentialing, and access management reduction [–5,000] 230 FLEET BALLISTIC MISSILE 1,476,247 1,476,247 240 WEAPONS MAINTENANCE 1,538,743 1,538,743 250 OTHER WEAPON SYSTEMS SUPPORT 592,357 592,357 260 ENTERPRISE INFORMATION 734,970 734,970 270 SUSTAINMENT, RESTORATION AND MODERNIZATION 2,961,937 3,536,937 Program increase FSRM to 100% [575,000] 280 BASE OPERATING SUPPORT 4,826,314 4,826,314 SUBTOTAL OPERATING FORCES 51,225,390 52,958,130 MOBILIZATION 290 SHIP PREPOSITIONING AND SURGE 457,015 506,315 Navy UFR—Maritime Prepositioning Force (MPF) Engine Overhauls [49,300] 300 READY RESERVE FORCE 645,522 645,522 310 SHIP ACTIVATIONS/INACTIVATIONS 353,530 353,530 320 EXPEDITIONARY HEALTH SERVICES SYSTEMS 149,384 164,184 Navy UFR—Expeditionary medical readiness [14,800] 330 COAST GUARD SUPPORT 20,639 20,639 SUBTOTAL MOBILIZATION 1,626,090 1,690,190 TRAINING AND RECRUITING 340 OFFICER ACQUISITION 172,913 172,913 350 RECRUIT TRAINING 13,813 13,813 360 RESERVE OFFICERS TRAINING CORPS 167,152 167,152 370 SPECIALIZED SKILL TRAINING 1,053,104 1,053,104 380 PROFESSIONAL DEVELOPMENT EDUCATION 311,209 311,209 390 TRAINING SUPPORT 306,302 306,302 400 RECRUITING AND ADVERTISING 205,219 205,219 410 OFF-DUTY AND VOLUNTARY EDUCATION 79,053 79,053 420 CIVILIAN EDUCATION AND TRAINING 109,754 109,754 430 JUNIOR ROTC 57,323 57,323 SUBTOTAL TRAINING AND RECRUITING 2,475,842 2,475,842 ADMIN & SRVWD ACTIVITIES 440 ADMINISTRATION 1,268,961 1,268,961 450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 212,952 212,952 460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 562,546 562,546 470 MEDICAL ACTIVITIES 285,436 285,436 480 SERVICEWIDE TRANSPORTATION 217,782 217,782 500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 479,480 479,480 510 ACQUISITION, LOGISTICS, AND OVERSIGHT 741,045 741,045 520 INVESTIGATIVE AND SECURITY SERVICES 738,187 738,187 9999 CLASSIFIED PROGRAMS 607,517 607,517 SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,113,906 5,113,906 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –377,115 Bulk fuel adjustment [–54,315] Foreign currency fluctuations [–96,000] Printing costs reduction [–5,100] Unobligated balances [–221,700] SUBTOTAL UNDISTRIBUTED 0 –377,115 TOTAL OPERATION & MAINTENANCE, NAVY 60,441,228 61,860,953 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,587,456 1,632,756 Marine Corps UFR—Plate Carrier Gen III [45,300] 020 FIELD LOGISTICS 1,532,630 1,532,630 030 DEPOT MAINTENANCE 215,949 215,949 040 MARITIME PREPOSITIONING 107,969 107,969 050 CYBERSPACE ACTIVITIES 233,486 233,486 060 SUSTAINMENT, RESTORATION & MODERNIZATION 1,221,117 1,445,117 Program increase FSRM to 100% [224,000] 070 BASE OPERATING SUPPORT 2,563,278 2,563,278 SUBTOTAL OPERATING FORCES 7,461,885 7,731,185 TRAINING AND RECRUITING 080 RECRUIT TRAINING 24,729 24,729 090 OFFICER ACQUISITION 1,208 1,208 100 SPECIALIZED SKILL TRAINING 110,752 110,752 110 PROFESSIONAL DEVELOPMENT EDUCATION 61,539 61,539 120 TRAINING SUPPORT 490,975 490,975 130 RECRUITING AND ADVERTISING 223,643 223,643 140 OFF-DUTY AND VOLUNTARY EDUCATION 49,369 49,369 150 JUNIOR ROTC 26,065 26,065 SUBTOTAL TRAINING AND RECRUITING 988,280 988,280 ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE TRANSPORTATION 100,475 100,475 170 ADMINISTRATION 410,729 410,729 9999 CLASSIFIED PROGRAMS 63,422 63,422 SUBTOTAL ADMIN & SRVWD ACTIVITIES 574,626 574,626 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –108,815 Bulk fuel adjustment [–54,315] Foreign currency fluctuations [–12,000] Printing costs reduction [–5,100] Unobligated balances [–37,400] SUBTOTAL UNDISTRIBUTED 0 –108,815 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 9,024,791 9,185,276 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 628,522 628,522 020 INTERMEDIATE MAINTENANCE 9,593 9,593 030 AIRCRAFT DEPOT MAINTENANCE 135,280 135,280 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 497 497 050 AVIATION LOGISTICS 29,435 29,435 070 COMBAT COMMUNICATIONS 18,469 18,469 080 COMBAT SUPPORT FORCES 136,710 136,710 090 CYBERSPACE ACTIVITIES 440 440 100 ENTERPRISE INFORMATION 26,628 26,628 110 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,311 42,311 120 BASE OPERATING SUPPORT 103,606 103,606 SUBTOTAL OPERATING FORCES 1,131,491 1,131,491 ADMIN & SRVWD ACTIVITIES 130 ADMINISTRATION 1,943 1,943 140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 12,191 12,191 150 ACQUISITION AND PROGRAM MANAGEMENT 3,073 3,073 SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,207 17,207 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –17,495 Bulk fuel adjustment [–3,195] Unobligated balances [–14,300] SUBTOTAL UNDISTRIBUTED 0 –17,495 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,148,698 1,131,203 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 102,271 148,171 Marine Corps UFR—Individual combat clothing and equipment [45,900] 020 DEPOT MAINTENANCE 16,811 16,811 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 42,702 42,702 040 BASE OPERATING SUPPORT 109,210 109,210 SUBTOTAL OPERATING FORCES 270,994 316,894 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 14,056 14,056 SUBTOTAL ADMIN & SRVWD ACTIVITIES 14,056 14,056 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –7,695 Bulk fuel adjustment [–3,195] Unobligated balances [–4,500] SUBTOTAL UNDISTRIBUTED 0 –7,695 TOTAL OPERATION & MAINTENANCE, MC RESERVE 285,050 323,255 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 706,860 706,860 020 COMBAT ENHANCEMENT FORCES 2,382,448 2,478,948 Air Force UFR—Build command and control framework [5,000] Air Force UFR—Weapon system sustainment [37,000] CENTCOM UFR—Additional ISR [53,000] EUCOM UFR—Air Base Air Defense Operations Center [1,500] 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,555,320 1,840,320 Air Force UFR—FSRM [285,000] 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,661,762 3,870,762 Air Force UFR—Weapon system sustainment [209,000] 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 3,867,114 4,611,114 Program increase FSRM to 100% [744,000] 060 CYBERSPACE SUSTAINMENT 179,568 295,568 Air Force UFR—Weapon system sustainment [116,000] 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 8,457,653 9,186,653 A–10/F–35 contract maintenance [156,000] Air Force UFR—Build command and control framework [112,000] Air Force UFR—F–35 weapon system sustainment [185,000] Air Force UFR—Weapon system sustainment [276,000] 080 FLYING HOUR PROGRAM 5,646,730 6,115,730 Air Force UFR—Weapon system sustainment [114,000] Restore A10s divestment [272,000] Restore C130s divestment [83,000] 090 BASE SUPPORT 9,846,037 9,931,037 Air Force UFR—Build command and control framework [85,000] 100 GLOBAL C3I AND EARLY WARNING 979,705 979,705 110 OTHER COMBAT OPS SPT PROGRAMS 1,418,515 1,424,825 Commercial economic analysis program reduction [–3,000] EUCOM UFR—Air base air defense [110] EUCOM UFR—Mission Partner Environment [9,200] 120 CYBERSPACE ACTIVITIES 864,761 864,761 150 SPACE CONTROL SYSTEMS 13,223 13,223 160 US NORTHCOM/NORAD 196,774 196,774 170 US STRATCOM 475,015 475,015 180 US CYBERCOM 389,663 420,963 CYBERCOM UFR—Acceleration of cyber intelligence [3,200] CYBERCOM UFR—Acquisition personnel [4,800] CYBERCOM UFR—Advanced cyber training [23,300] 190 US CENTCOM 372,354 391,354 CENTCOM UFR—MISO program [24,000] Program reduction to OSCI [–5,000] 200 US SOCOM 28,733 28,733 220 CENTCOM CYBERSPACE SUSTAINMENT 1,289 1,289 230 USSPACECOM 272,601 329,601 SPACECOM UFR—Bridging space protection gaps [30,200] SPACECOM UFR—Pathway to full operational capability [26,800] 9999 CLASSIFIED PROGRAMS 1,454,383 1,443,883 Capabilities Management Office reduction [–5,000] CCMD Intelligence Information Technology reduction [–3,000] Strategy Coordination reduction [–2,500] SUBTOTAL OPERATING FORCES 42,770,508 45,607,118 MOBILIZATION 240 AIRLIFT OPERATIONS 2,422,784 2,422,784 250 MOBILIZATION PREPAREDNESS 667,851 667,851 SUBTOTAL MOBILIZATION 3,090,635 3,090,635 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 156,193 156,193 270 RECRUIT TRAINING 26,072 26,072 280 RESERVE OFFICERS TRAINING CORPS (ROTC) 127,693 127,693 290 SPECIALIZED SKILL TRAINING 491,286 491,286 300 FLIGHT TRAINING 718,742 718,742 310 PROFESSIONAL DEVELOPMENT EDUCATION 302,092 302,092 320 TRAINING SUPPORT 162,165 162,165 330 RECRUITING AND ADVERTISING 171,339 171,339 340 EXAMINING 8,178 8,178 350 OFF-DUTY AND VOLUNTARY EDUCATION 236,760 236,760 360 CIVILIAN EDUCATION AND TRAINING 306,602 306,602 370 JUNIOR ROTC 65,940 65,940 SUBTOTAL TRAINING AND RECRUITING 2,773,062 2,773,062 ADMIN & SRVWD ACTIVITIES 380 LOGISTICS OPERATIONS 1,062,709 1,062,709 390 TECHNICAL SUPPORT ACTIVITIES 169,957 169,957 400 ADMINISTRATION 1,005,827 1,005,827 410 SERVICEWIDE COMMUNICATIONS 31,054 31,054 420 OTHER SERVICEWIDE ACTIVITIES 1,470,757 1,476,757 Air Force UFR—Build command and control framework [6,000] 430 CIVIL AIR PATROL 29,128 29,128 450 INTERNATIONAL SUPPORT 81,118 81,118 9999 CLASSIFIED PROGRAMS 1,391,720 1,391,720 SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,242,270 5,248,270 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –594,865 Bulk fuel adjustment [–150,165] Foreign currency fluctuations [–81,000] Printing costs reduction [–5,100] Unobligated balances [–358,600] SUBTOTAL UNDISTRIBUTED 0 –594,865 TOTAL OPERATION & MAINTENANCE, AIR FORCE 53,876,475 56,124,220 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 495,615 521,315 Space Force UFR—Maintenance contracts for missile warning and defense systems [25,700] 020 SPACE LAUNCH OPERATIONS 185,700 185,700 030 SPACE OPERATIONS 611,269 620,769 Space Force UFR—Increase opeational support to SPACECOM [5,500] Space Force UFR—Space Commercially Augmented Mission Platform [4,000] 040 EDUCATION & TRAINING 22,887 108,887 Space Force UFR—Accelerate Space Force PME [86,000] 060 DEPOT MAINTENANCE 280,165 306,365 Space Force UFR—Weapon system sustainment [26,200] 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 213,347 281,147 Space Force UFR—Aircraft fire training mock-up [1,500] Space Force UFR—FSRM Cheyenne Mountain Complex [66,300] 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,158,707 1,254,707 Space Force UFR—Weapon system sustainment [96,000] 090 SPACE OPERATIONS -BOS 143,520 143,520 9999 CLASSIFIED PROGRAMS 172,755 172,755 SUBTOTAL OPERATING FORCES 3,283,965 3,595,165 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 ADMINISTRATION 156,747 156,747 SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 156,747 156,747 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 3,440,712 3,751,912 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 1,665,015 1,665,015 020 MISSION SUPPORT OPERATIONS 179,486 179,486 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 530,540 530,540 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 114,987 123,987 Air Force UFR—FSRM [9,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 254,831 254,831 060 BASE SUPPORT 470,801 470,801 070 CYBERSPACE ACTIVITIES 1,372 1,372 SUBTOTAL OPERATING FORCES 3,217,032 3,226,032 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 91,289 91,289 090 RECRUITING AND ADVERTISING 23,181 23,181 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 13,966 13,966 110 OTHER PERS SUPPORT (DISABILITY COMP) 6,196 6,196 120 AUDIOVISUAL 442 442 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 135,074 135,074 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –43,295 Bulk fuel adjustment [–3,195] Unobligated balances [–40,100] SUBTOTAL UNDISTRIBUTED 0 –43,295 TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,352,106 3,317,811 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,281,432 2,281,432 020 MISSION SUPPORT OPERATIONS 582,848 588,748 CNGB UFR—HRF/CERFP sustainment [5,900] 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,241,318 1,241,318 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 353,193 379,193 Air Force UFR—FSRM [26,000] 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,077,654 1,077,654 060 BASE SUPPORT 908,198 925,598 CNGB UFR—Security forces hearing and comm package [17,400] 070 CYBERSPACE SUSTAINMENT 23,895 23,895 080 CYBERSPACE ACTIVITIES 17,263 17,263 SUBTOTAL OPERATING FORCES 6,485,801 6,535,101 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 46,455 46,455 100 RECRUITING AND ADVERTISING 41,764 41,764 SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 88,219 88,219 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –66,275 Bulk fuel adjustment [–15,975] Unobligated balances [–50,300] SUBTOTAL UNDISTRIBUTED 0 –66,275 TOTAL OPERATION & MAINTENANCE, ANG 6,574,020 6,557,045 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 407,240 407,240 020 JOINT CHIEFS OF STAFF—CE2T2 554,634 677,734 AFRICOM UFR—Joint Exercise Program [18,000] CENTCOM UFR—EAGER LION [20,000] INDOPACOM UFR—Joint Exercise Program [35,100] Joint Exercise Program—restore to FY21 levels [50,000] 030 JOINT CHIEFS OF STAFF—CYBER 8,098 8,098 050 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,044,479 2,047,789 SOCOM UFR—Armored ground mobility systems acceleration [3,310] 060 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 45,851 45,851 070 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,614,757 1,614,757 080 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,081,869 1,088,210 SOCOM UFR—Modernized forward look sonar [900] SOCOM UFR—Personal signature management acceleration [5,441] 090 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 180,042 180,042 100 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,202,060 1,202,060 110 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,175,789 3,175,789 SUBTOTAL OPERATING FORCES 10,314,819 10,447,570 TRAINING AND RECRUITING 130 DEFENSE ACQUISITION UNIVERSITY 171,607 171,607 140 JOINT CHIEFS OF STAFF 92,905 92,905 150 PROFESSIONAL DEVELOPMENT EDUCATION 31,669 31,669 SUBTOTAL TRAINING AND RECRUITING 296,181 296,181 ADMIN & SRVWIDE ACTIVITIES 170 CIVIL MILITARY PROGRAMS 137,311 157,311 Innovative readiness training increase [5,000] STARBASE [15,000] 190 DEFENSE CONTRACT AUDIT AGENCY 618,526 618,526 200 DEFENSE CONTRACT AUDIT AGENCY—CYBER 3,984 3,984 220 DEFENSE CONTRACT MANAGEMENT AGENCY 1,438,296 1,438,296 230 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 11,999 11,999 240 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 941,488 946,488 DCSA Analytic tools for assessing FOCI [5,000] 260 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,859 9,859 270 DEFENSE HUMAN RESOURCES ACTIVITY 816,168 831,168 Troops-to-Teachers [15,000] 280 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 17,655 17,655 290 DEFENSE INFORMATION SYSTEMS AGENCY 1,913,734 1,955,734 milCloud 2.0 migration [42,000] 310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 530,278 615,378 Automated C2, orchestration, other increased capabilities for JFHQ-DODIN [25,000] CYBERCOM UFR—Hardening of DODIN [60,100] 350 DEFENSE LEGAL SERVICES AGENCY 229,498 229,498 360 DEFENSE LOGISTICS AGENCY 402,864 402,864 370 DEFENSE MEDIA ACTIVITY 222,655 222,655 380 DEFENSE PERSONNEL ACCOUNTING AGENCY 130,174 130,174 390 DEFENSE SECURITY COOPERATION AGENCY 2,067,446 2,405,736 AFRICOM UFR—AFRICOM security cooperation program increase [60,000] Increase to Ukraine Security Assistance Initiative [50,000] INDOPACOM UFR—INDOPACOM security cooperation program increase [130,600] Joint Combined Exchange Training—restore to FY21 levels [3,190] SOUTHCOM UFR—Air Mobility Initiative [85,000] SOUTHCOM UFR—Central America Border Security Initiative [9,500] 420 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 39,305 39,305 440 DEFENSE THREAT REDUCTION AGENCY 885,749 885,749 460 DEFENSE THREAT REDUCTION AGENCY—CYBER 36,736 36,736 470 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,138,345 3,208,345 Impact Aid for children with severe disabilities [20,000] Impact Aid for schools with military dependent students [50,000] 490 MISSILE DEFENSE AGENCY 502,450 502,450 530 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION—OSD 89,686 89,686 540 OFFICE OF THE SECRETARY OF DEFENSE 1,766,614 1,864,114 Analytical tools in evaluating energy resilience measures [2,000] Bien Hoa dioxin cleanup [15,000] Centers for Disease Control and Prevention nation-wide human health assessment [15,000] Congressional Hearings and Reporting Requirements Tracking System modernization [2,000] Cost Assessment Data Enterprise [3,500] Defense Environmental International Cooperation program increase [2,000] Interstate compacts on licensed occupations [4,000] Joint Aviation Safety Council [4,000] Office of the Secretary of Defense civilian workforce [25,000] Personnel in the Office of Assistant Secretary of Defense Sustainment and Environment, Safety, and Occupational Health [5,000] Strategic competition initiative [20,000] 550 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 32,851 32,851 560 SPACE DEVELOPMENT AGENCY 53,851 53,851 570 WASHINGTON HEADQUARTERS SERVICES 369,698 369,698 999 CLASSIFIED PROGRAMS 17,900,146 17,900,146 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 34,307,366 34,980,256 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 44,918,366 45,079,862 UNDISTRIBUTED OPERATION & MAINTENANCE, DEFENSE-WIDE 998 UNDISTRIBUTED 0 –644,145 Bulk fuel adjustment [–3,195] Foreign currency fluctuations [–30,000] Printing costs reduction [–5,100] Program reduction—SOCOM unjustified increase in management and headquarters expenses [–28,650] Unobligated balances [–577,200] SUBTOTAL UNDISTRIBUTED 0 –644,145 TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE 0 161,496 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 15,589 15,589 SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 15,589 15,589 TOTAL MISCELLANEOUS APPROPRIATIONS 15,589 15,589 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 110,051 135,051 Program increase [25,000] SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 110,051 135,051 TOTAL MISCELLANEOUS APPROPRIATIONS 110,051 135,051 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 239,849 239,849 SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 239,849 239,849 TOTAL MISCELLANEOUS APPROPRIATIONS 239,849 239,849 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 54,679 54,679 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 54,679 54,679 TOTAL MISCELLANEOUS APPROPRIATIONS 54,679 54,679 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 200,806 200,806 SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 200,806 200,806 TOTAL MISCELLANEOUS APPROPRIATIONS 200,806 200,806 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 298,250 298,250 SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 298,250 298,250 TOTAL MISCELLANEOUS APPROPRIATIONS 298,250 298,250 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 301,768 SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 301,768 301,768 TOTAL MISCELLANEOUS APPROPRIATIONS 301,768 301,768 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,783 8,783 SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,783 8,783 TOTAL MISCELLANEOUS APPROPRIATIONS 8,783 8,783 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 218,580 SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 218,580 218,580 TOTAL MISCELLANEOUS APPROPRIATIONS 218,580 218,580 TOTAL OPERATION & MAINTENANCE 253,623,852 260,571,205 XLIV MILITARY PERSONNEL 4401. MILITARY PERSONNEL SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) Item FY 2022 Request Senate Authorized MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS 157,947,920 157,451,308 A–10/F–35 Active duty maintainers 93,000 Army UFR – JTIMS exercise support 67,435 Army UFR – Reserve Component EDI for Rotational Forces 55,999 Army UFR – Reserve Component Homeland Security Ops 228,410 CNGB UFR – CBRN Response Forces 9,200 Military personnel historical underexecution [–950,656] SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS 157,947,920 157,451,308 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 9,337,175 9,337,175 SUBTOTAL MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 9,337,175 9,337,175 TOTAL MILITARY PERSONNEL 167,285,095 166,788,483 XLV OTHER AUTHORIZATIONS 4501. OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars) Line Item FY 2022 Request Senate Authorized WORKING CAPITAL FUND WORKING CAPITAL FUND, ARMY 1 INDUSTRIAL OPERATIONS 26,935 26,935 2 SUPPLY MANAGEMENT—ARMY 357,776 357,776 SUBTOTAL WORKING CAPITAL FUND, ARMY 384,711 384,711 WORKING CAPITAL FUND, NAVY 1 SUPPLY MANAGEMENT, NAVY 150,000 150,000 SUBTOTAL WORKING CAPITAL FUND, NAVY 150,000 150,000 WORKING CAPITAL FUND, AIR FORCE 2 SUPPLIES AND MATERIALS 77,453 77,453 SUBTOTAL WORKING CAPITAL FUND, AIR FORCE 77,453 77,453 WORKING CAPITAL FUND, DEFENSE-WIDE 1 ENERGY MANAGEMENT—DEF 40,000 40,000 2 SUPPLY CHAIN MANAGEMENT—DEF 87,765 87,765 SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 127,765 127,765 WORKING CAPITAL FUND, DECA 2 WORKING CAPITAL FUND, DECA 1,162,071 1,162,071 SUBTOTAL WORKING CAPITAL FUND, DECA 1,162,071 1,162,071 TOTAL WORKING CAPITAL FUND 1,902,000 1,902,000 CHEM AGENTS & MUNITIONS DESTRUCTION OPERATION & MAINTENANCE 1 CHEM DEMILITARIZATION—O&M 93,121 93,121 SUBTOTAL OPERATION & MAINTENANCE 93,121 93,121 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 2 CHEM DEMILITARIZATION—RDT&E 1,001,231 1,001,231 SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 1,001,231 1,001,231 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,094,352 1,094,352 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTRDCTN 1 COUNTER-NARCOTICS SUPPORT 593,250 593,250 SUBTOTAL DRUG INTRDCTN 593,250 593,250 DRUG DEMAND REDUCTION PROGRAM 2 DRUG DEMAND REDUCTION PROGRAM 126,024 126,024 SUBTOTAL DRUG DEMAND REDUCTION PROGRAM 126,024 126,024 NATIONAL GUARD COUNTER-DRUG PROGRAM 3 NATIONAL GUARD COUNTER-DRUG PROGRAM 96,970 96,970 SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM 96,970 96,970 NATIONAL GUARD COUNTER-DRUG SCHOOLS 4 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,664 5,664 SUBTOTAL NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,664 5,664 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 821,908 821,908 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 1 OPERATION AND MAINTENANCE 434,700 434,700 2 OPERATION AND MAINTENANCE 1,218 1,218 3 RDT&E 2,365 2,365 4 PROCUREMENT 80 80 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363 TOTAL OFFICE OF THE INSPECTOR GENERAL 438,363 438,363 DEFENSE HEALTH PROGRAM OPERATION & MAINTENANCE 1 IN-HOUSE CARE 9,720,004 9,750,004 Anomalous health incidents [30,000] 2 PRIVATE SECTOR CARE 18,092,679 18,092,679 3 CONSOLIDATED HEALTH SUPPORT 1,541,122 1,541,122 4 INFORMATION MANAGEMENT 2,233,677 2,233,677 5 MANAGEMENT ACTIVITIES 335,138 335,138 6 EDUCATION AND TRAINING 333,234 333,234 7 BASE OPERATIONS/COMMUNICATIONS 1,926,865 1,926,865 SUBTOTAL OPERATION & MAINTENANCE 34,182,719 34,212,719 RDT&E 10 R&D ADVANCED DEVELOPMENT 235,556 235,556 11 R&D DEMONSTRATION/VALIDATION 142,252 142,252 12 R&D ENGINEERING DEVELOPMENT 101,054 101,054 12 R&D MANAGEMENT AND SUPPORT 49,645 49,645 14 R&D CAPABILITIES ENHANCEMENT 17,619 17,619 8 R&D RESEARCH 9,091 9,091 9 R&D EXPLORATRY DEVELOPMENT 75,463 75,463 SUBTOTAL RDT&E 630,680 630,680 PROCUREMENT 15 PROC INITIAL OUTFITTING 20,926 20,926 16 PROC REPLACEMENT & MODERNIZATION 250,366 250,366 18 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 72,302 72,302 19 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 435,414 435,414 SUBTOTAL PROCUREMENT 779,008 779,008 TOTAL DEFENSE HEALTH PROGRAM 35,592,407 35,622,407 TOTAL OTHER AUTHORIZATIONS 39,849,030 39,879,030 XLVI MILITARY CONSTRUCTION 4601. MILITARY CONSTRUCTION SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Account State/Country and Installation Project Title FY 2022 Request Senate Authorized MILITARY CONSTRUCTION ARMY Alabama Army Fort Rucker AIT Barracks Complex 0 66,000 Army Redstone Arsenal Propulsion Systems Lab 55,000 55,000 Belgium Army Shape Headquarters Command and Control Facility 16,000 16,000 California Army Fort Irwin Simulations Center 52,000 52,000 Georgia Army Fort Gordon Cyber Instructional Fac (Admin/Cmd) (Inc 2) 69,000 69,000 Army Fort Stewart Barracks 0 100,000 Germany Army East Camp Grafenwoehr EDI: Barracks and Dining Facility 103,000 103,000 Army Smith Barracks Live Fire Exercise Shoothouse 16,000 16,000 Army Smith Barracks Indoor Small Arms Range 17,500 17,500 Hawaii Army Fort Shafter Cost to Complete, Command & Control Facility 0 55,500 Army West Loch Naval Magazine Annex Ammunition Storage 51,000 51,000 Army Wheeler Army Airfield Aviation Unit OPS Building 0 84,000 Army Wheeler Army Airfield Rotary Wing Parking Apron 0 56,000 Kansas Army Fort Leavenworth Child Development Center 0 34,000 Kentucky Army Fort Knox Child Development Center 0 27,000 Kwajalein Army Kwajalein Atoll Cost to Complete, Family Housing Replacement Construction 0 10,000 Louisiana Army Camp Minden Collective Training Unaccompanied Housing 0 13,800 Army Fort Polk Barracks 0 56,000 Army Fort Polk Joint Operations Center 55,000 55,000 Maryland Army Fort Meade Barracks 81,000 81,000 New York Army Fort Hamilton Information Systems Facility 26,000 26,000 Army Watervliet Arsenal Access Control Point 20,000 20,000 Army West Point Military Reservation Cost to Complete, Engineering Center 0 17,200 Pennsylvania Army Letterkenny Army Depot Fire Station 21,000 21,000 Army Tobyhanna Army Depot Cost to Complete, Family Housing Replacement Construction 0 7,500 Puerto Rico Army Fort Buchanan Cost to Complete, Family Housing Replacement Construction 0 14,000 South Carolina Army Fort Jackson Cost to Complete, Reception Barracks Complex, Ph 1 0 21,000 Army Fort Jackson Reception Barracks Complex, Ph2 (Inc 2) 34,000 34,000 Texas Army Fort Hood Barracks 0 61,000 Army Fort Hood Barracks 0 69,000 Virginia Army Jont Base Langley-Eustis Cost to Complete, AIT Barracks Complex, Ph 4 0 16,000 Worldwide Classified Army Classified Location Forward Operating Site 31,000 31,000 Worldwide Unspecified Army Unspecified Worldwide Locations Minor Construction 35,543 35,543 Army Unspecified Worldwide Locations Planning & Design 124,649 124,649 Army Unspecified Worldwide Locations Host Nation Support 27,000 27,000 Army Worldwide Various Locations Lab Planning & Design Unfunded Requirement 0 45,000 SUBTOTAL ARMY 834,692 1,587,692 NAVY Arizona Navy Marine Corps Air Station Yuma Bachelor Enlisted Quarters 0 99,600 Navy Marine Corps Air Station Yuma Combat Training Tank Complex 0 29,300 California Navy Camp Pendleton I MEF Consolidated Information Center (Inc) 19,869 19,869 Navy Marine Corps Air Ground Combat Center Wastewater Treatment Plant 0 45,000 Navy Marine Corps Air Station Miramar Aircraft Maintenance Hangar 0 209,500 Navy Marine Corps Air Station Miramar F–35 Centralized Engine Repair Facility 0 31,400 Navy Marine Corps Base Camp Pendleton Basilone Road Realignment 0 85,200 Navy Marine Corps Base Camp Pendleton CLB MEU Complex 0 83,900 Navy Marine Corps Base Camp Pendleton Warehouse Replacement 0 22,200 Navy Marine Corps Reserve Depot San Diego Recruit Mess Hall Replacement 0 8,000 Navy Naval Air Station Lemoore F–35C Hangar 6 Phase 2 (Mod 3/4) (Inc) 75,070 75,070 Navy Naval Base Coronado CMV–22B Aircraft Maintenance Hangar 0 63,600 Navy Naval Base San Diego Pier 6 Replacement (Inc) 50,000 50,000 Navy Naval Base Ventura County Combat Vehicle Maintenance Facility 0 48,700 Navy Naval Base Ventura County MQ–25 Aircraft Maintenance Hangar 0 148,800 Navy Naval Weapons Station Seal Beach Missile Magazines (Inc) 10,840 10,840 Navy San Nicolas Island Directed Energy Weapons Test Facilities 19,907 19,907 El Salvador Navy Cooperative Security Location Comalapa Hangar and Ramp Expansion 0 28,000 Florida Navy Marine Corps Support Facility Blount Island Lighterage and Small Craft Facility 0 69,400 Greece Navy Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center 41,650 41,650 Guam Navy Andersen Air Force Base Aviation Admin Building 50,890 50,890 Navy Joint Region Marianas 4th Marines Regiment Facilities 109,507 84,507 Navy Joint Region Marianas Combat Logistics Battallion–4 Facility 92,710 64,710 Navy Joint Region Marianas Consolidated Armory 43,470 43,470 Navy Joint Region Marianas Infantry Battalion Company HQ 44,100 44,100 Navy Joint Region Marianas Marine Expeditionary Brigade Enablers 66,830 66,830 Navy Joint Region Marianas Principal End Item (PEI) Warehouse 47,110 47,110 Navy Joint Region Marianas Bachelor Enlisted Quarters H (Inc) 43,200 43,200 Navy Joint Region Marianas X-Ray Wharf Berth 2 103,800 63,800 Navy Joint Region Marianas Joint Communication Upgrade (Inc) 84,000 84,000 Hawaii Navy Marine Corps Base Kaneohe Bay Bachelor Enlisted Quarters Phase II (Inc) 0 10,000 Navy Marine Corps Base Kaneohe Bay Electrical Distribution Modernization 0 64,500 Japan Navy Fleet Activities Yokosuka Pier 5 (Berths 2 and 3) (Inc) 15,292 15,292 Navy Fleet Activities Yokosuka Ship Handling & Combat Training Facilities 49,900 49,900 Maine Navy Portsmouth Naval Shipyard Multi-Mission Dry Dock #1 Extension (Inc)—Navy #1 Ufr 0 100,000 Navy Portsmouth Naval Shipyard Multi-Mission Dry Dock #1 Extension (Inc) 250,000 250,000 Nevada Navy Naval Air Station Fallon Training Range Land Acquisition—Phase 2 48,250 0 North Carolina Navy Camp Lejeune II MEF Operations Center Replacement (Inc) 42,200 42,200 Navy Marine Corps Air Station Cherry Point ATC Tower & Airfield Operations 0 18,700 Navy Marine Corps Air Station Cherry Point Aircraft Maintenance Hangar 207,897 57,897 Navy Marine Corps Air Station Cherry Point F–35 Flightline Utilities Modernization Phase 2 113,520 33,520 Navy Marine Corps Base Camp Lejeune Water Treatment Plant Replacement Hadnot Pt 0 64,200 South Carolina Navy Marine Corps Air Station Beaufort Aircraft Maintenance Hangar 0 122,600 Navy Marine Corps Air Station Beaufort Recycling/Hazardous Waste Facility 0 5,000 Spain Navy Naval Station Rota EDI: Explosive Ordnance Disposal (EOD) Mobile Unit Facilities 0 85,600 Virginia Navy Marine Corps Base Quantico Vehicle Inspection and Visitor Control Center 42,850 42,850 Navy Marine Corps Base Quantico Wargaming Center (Inc) 30,500 30,500 Navy Naval Station Norfolk CMV–22 Aircraft Maintenance Hangar & Airfield Improvement 0 75,100 Navy Naval Station Norfolk Submarine Pier 3 (Inc) 88,923 43,923 Navy Naval Weapons Station Yorktown Navy Munitions Command (Nmc) Ordnance Facilities Recap, Phase 2 0 13,500 Navy Portsmouth Naval Shipyard Dry Dock Saltwater System for CVN–78 156,380 56,380 Worldwide Unspecified Navy Unspecified Worldwide Locations Unspecified Minor Military Construction 56,435 56,435 Navy Unspecified Worldwide Locations MCON Design Funds 363,252 363,252 Navy Worldwide Various Locations Consolidated RDT&E Systems Facility P&D (Naval Station Newport) 0 1,700 Navy Worldwide Various Locations F–35 Joint Strike Fighter Sustainment Center (P–993) P&D (MCAS Cherry Point) 0 10,000 Navy Worldwide Various Locations Hdr Hawaii: Planning and Design 0 9,000 Navy Worldwide Various Locations Lab Planning & Design Unfunded Requirement 0 110,000 Navy Worldwide Various Locations Next Generation Secure Submarine Platform Facility P&D (Naval Station Newport) 0 4,000 Navy Worldwide Various Locations Next Generation Torpedo Integration Lab P&D (Naval Station Newport) 0 1,200 Navy Worldwide Various Locations PDI: Planning & Design Unfunded Requirement 0 68,200 Navy Worldwide Various Locations Planning & Design 0 40,000 Navy Worldwide Various Locations Submarine Payloads Integration Laboratory P&D (Naval Station Newport) 0 1,400 Navy Worldwide Various Locations Unspecified Minor Construction 0 75,000 SUBTOTAL NAVY 2,368,352 3,704,402 AIR FORCE Alaska Air Force Eielson Air Force Base Contaminated Soil Removal 0 44,850 Air Force Joint Base Elmendorf-Richardson Extend Runway 16/34 (Inc 1) 79,000 79,000 Arizona Air Force Davis-Monthan Air Force Base South Wilmot Gate 13,400 13,400 Air Force Luke Air Force Base F–35A ADAL AMU Facility Squadron #6 28,000 28,000 Air Force Luke Air Force Base F–35A Squadron Operations Facility #6 21,000 21,000 Australia Air Force Royal Australian Air Force Base Darwin Squadron Operations Facility 7,400 7,400 Air Force Royal Australian Air Force Base Tindal Aircraft Maintenance Support Facility 6,200 6,200 Air Force Royal Australian Air Force Base Tindal Squadron Operations Facility 8,200 8,200 California Air Force Edwards Air Force Base Flight Test Engineering Lab Complex 4,000 4,000 Air Force Vandenberg Space Force Base GBSD Stage Processing Facility 19,000 19,000 Air Force Vandenberg Space Force Base GBSD Re-Entry Vehicle Facility 48,000 48,000 Colorado Air Force Schriever Space Force Base ADAL Fitness Center 0 30,000 District of Columbia Air Force Joint Base Anacostia Bolling Joint Air Defense Operations Center Phase II 24,000 24,000 Florida Air Force Eglin Air Force Base Cost to Complete—Advanced Munitions Technology Complex 0 31,500 Air Force Eglin Air Force Base Flightline Fire Station at Duke Field 0 14,000 Georgia Air Force Moody Air Force Base 41 Rqs Hh‐60w Apron 0 12,500 Germany Air Force Spangdahlem Air Base F/a–22 LO/Composite Repair Facility 22,625 22,625 Guam Air Force Joint Region Marianas Munitions Storage Igloos IV 55,000 55,000 Air Force Joint Region Marianas Airfield Damage Repair Warehouse 30,000 30,000 Air Force Joint Region Marianas Hayman Munitions Storage Igloos, MSA2 9,824 9,824 Hungary Air Force Kecskemet Air Base EDI: Construct Parallel Taxiway 38,650 38,650 Air Force Kecskemet Air Base EDI: Construct Airfield Upgrades 20,564 20,564 Italy Air Force Aviano Air Force Base Area A1 Entry Control Point 0 10,200 Japan Air Force Kadena Air Base Airfield Damage Repair Storage Facility 38,000 38,000 Air Force Kadena Air Base Helicopter Rescue OPS Maintenance Hangar 168,000 50,000 Air Force Kadena Air Base Replace Munitions Structures 26,100 26,100 Air Force Misawa Air Base Airfield Damage Repair Facility 25,000 25,000 Air Force Yokota Air Base Airfield Damage Repair Warehouse 0 39,000 Air Force Yokota Air Base Construct CATM Facility 25,000 25,000 Air Force Yokota Air Base C–130J Corrosion Control Hangar 67,000 67,000 Louisiana Air Force Barksdale Air Force Base Cost to Complete—Entrance Road and Gate 0 36,000 Air Force Barksdale Air Force Base Weapons Generation Facility (Inc 1) 40,000 40,000 Maryland Air Force Joint Base Andrews Cost to Complete—Military Working Dog Kennel 0 7,800 Air Force Joint Base Andrews Fire Crash Rescue Station 26,000 26,000 Massachusetts Air Force Hanscom Air Force Base NC3 Acquisitions Management Facility 66,000 66,000 New Mexico Air Force Kirtland Air Force Base Cost to Complete—Wyoming Gate Antiterrorism Compliance 0 5,600 Ohio Air Force Wright-Patterson Air Force Base Child Development Center 0 24,000 Oklahoma Air Force Tinker Air Force Base KC–46A 3–Bay Depot Maintenance Hangar 160,000 60,000 South Carolina Air Force Joint Base Charleston Fire and Rescue Station 0 30,000 Air Force Joint Base Charleston Flightline Support Facility 0 29,000 South Dakota Air Force Ellsworth Air Force Base B–21 2–Bay LO Restoration Facility (Inc 2) 91,000 41,000 Air Force Ellsworth Air Force Base B–21 Field Training Detachment Facility 47,000 47,000 Air Force Ellsworth Air Force Base B–21 Mission Operations Planning Facility 36,000 36,000 Air Force Ellsworth Air Force Base B–21 Washrack & Maintenance Hangar 65,000 65,000 Air Force Ellsworth Air Force Base B–21 ADAL Flight Simulator 24,000 24,000 Air Force Ellsworth Air Force Base B–21 Formal Training Unit/AMU 70,000 70,000 Spain Air Force Morón Air Base EDI: Hot Cargo Pad 8,542 8,542 Tennessee Air Force Arnold Air Force Base Add/Alter Test Cell Delivery Bay 0 14,600 Texas Air Force Joint Base San Antonio BMT Recruit Dormitory 8 (Inc 3) 31,000 31,000 Air Force Joint Base San Antonio BMT Recruit Dormitory 7 141,000 141,000 Air Force Joint Base San Antonio—Fort Sam Houston Child Development Center – Fsh 0 29,000 Air Force Joint Base San Antonio—Lackland Child Development Center – Lackland 0 29,000 Air Force Sheppard Air Force Base Child Development Center 20,000 20,000 United Kingdom Air Force Royal Air Force Fairford EDI: Construct DABS-FEV Storage 94,000 24,000 Air Force Royal Air Force Lakenheath Cost to Complete—F–35 ADAL Conventional Munitions MX 0 4,400 Air Force Royal Air Force Lakenheath F‐35a Child Development Center 0 24,000 Air Force Royal Air Force Lakenheath F–35A Weapons Load Training Facility 49,000 49,000 Air Force Royal Air Force Lakenheath F–35A Munition Inspection Facility 31,000 31,000 Utah Air Force Hill Air Force Base GBSD Organic Software Sustainment Center (Inc 2) 31,000 31,000 Virginia Air Force Joint Base Langley Eustis Fuel System Maintenance Dock 0 24,000 Worldwide Unspecified Air Force Various Worldwide Locations EDI: Planning & Design 648 648 Air Force Various Worldwide Locations PDI: Planning & Design 27,200 27,200 Air Force Various Worldwide Locations Planning & Design 201,453 201,453 Air Force Various Worldwide Locations Unspecified Minor Military Construction 58,884 58,884 Air Force Worldwide Various Locations Lab Planning & Design Unfunded Requirement 0 120,000 Air Force Worldwide Various Locations Secure Integration Support Lab W/Land Acquisition P&D (Air Force Maui Optical and Supercomputing Site) 0 8,800 SUBTOTAL AIR FORCE 2,102,690 2,332,940 DEFENSE-WIDE Alabama Defense-Wide Fort Rucker 10 MW RICE Generator Plant and Microgrid Controls 0 24,000 Defense-Wide Redstone Arsenal Msic Advanced Analysis Facility Phase 1 (Inc) 0 25,000 Belgium Defense-Wide Chievres Air Base Europe West District Superintendent's Office 15,000 15,000 California Defense-Wide Camp Pendleton Veterinary Treatment Facility Replacement 13,600 13,600 Defense-Wide Marine Corps Air Station Miramar Additional LFG Power Meter Station 0 4,054 Defense-Wide Naval Air Weapons Station China Lake / Ridgecrest Solar Energy Storage System 0 9,120 Defense-Wide Silver Strand Training Complex SOF NSWG11 Operations Support Facility 12,000 12,000 Defense-Wide Silver Strand Training Complex SOF ATC Operations Support Facility 21,700 21,700 Colorado Defense-Wide Buckley Air Force Base JCC Expansion 20,000 20,000 District of Columbia Defense-Wide Joint Base Anacostia Bolling DIA HQ Cooling Towers and Cond Pumps 0 2,257 Defense-Wide Joint Base Anacostia Bolling PV Carports 0 29,004 Florida Defense-Wide MacDill Air Force Base Transmission and Switching Stations 0 22,000 Georgia Defense-Wide Fort Benning 4.8mw Generation and Microgrid 0 17,593 Defense-Wide Fort Benning SOF Battalion Headquarters Facility 62,000 62,000 Defense-Wide Fort Stewart 10 MW Generation Plant, With Microgrid Controls 0 22,000 Defense-Wide Naval Submarine Base Kings Bay Electrical Transmission and Distribution 0 19,314 Germany Defense-Wide Ramstein Air Base Ramstein Middle School 93,000 13,000 Guam Defense-Wide Polaris Point Submarine Base Inner Apra Harbor Resiliency Upgrades (Phase I) 0 38,300 Hawaii Defense-Wide Joint Base Pearl Harbor-Hickam Veterinary Treatment Facility Replacement 29,800 29,800 Idaho Defense-Wide Mountain Home Air Force Base Water Treatment Plant and Pump Station 0 33,800 Japan Defense-Wide Kadena Air Base Truck Unload Facilities 22,300 22,300 Defense-Wide Kadena Air Base Operations Support Facility 24,000 24,000 Defense-Wide Marine Corps Air Base Iwakuni Fuel Pier 57,700 57,700 Defense-Wide Misawa Air Base Additive Injection Pump and Storage System 6,000 6,000 Defense-Wide Naval Air Facility Atsugi Smart Grid for Utility and Facility Controls 0 3,810 Defense-Wide Yokota Air Base Hangar/AMU 108,253 30,253 Kuwait Defense-Wide Camp Arifjan Microgrid Controller, 1.25 MW Solar PV, and 1.5 MWH Battery 0 15,000 Maryland Defense-Wide Bethesda Naval Hospital MEDCEN Addition / Alteration (Inc 5) 153,233 153,233 Defense-Wide Fort Meade SOF Operations Facility 100,000 75,000 Defense-Wide Fort Meade NSAW Recap Building 4 (Inc 1) 104,100 104,100 Defense-Wide Fort Meade NSAW Mission OPS and Records Center (Inc 1) 94,000 94,000 Michigan Defense-Wide Camp Grayling 650 KW Gas-Fired Micro-Turbine Generation System 0 5,700 Mississippi Defense-Wide Camp Shelby 10 MW Generation Plant and Feeder Level Microgrid System 0 34,500 Defense-Wide Camp Shelby Electrical Distribution Infrastructure Undergrounding Hardening Project 0 11,155 Missouri Defense-Wide Fort Leonard Wood Hospital Replacement (Inc 4) 160,000 160,000 New Mexico Defense-Wide Kirtland Air Force Base Environmental Health Facility Replacement 8,600 8,600 New York Defense-Wide Fort Drum Well Field Expansion Project 0 25,300 North Carolina Defense-Wide Fort Bragg 10 MW Microgrid Utilizing Existing and New Generators 0 19,464 Defense-Wide Fort Bragg Emergency Water System 0 7,705 North Dakota Defense-Wide Cavalier Air Force Station Pcars Emergency Power Plant Fuel Storage 0 24,150 Ohio Defense-Wide Springfield-Beckley Municipal Airport Base-Wide Microgrid With Natural Gas Generator, Photovoltaic and Battery Storage 0 4,700 Puerto Rico Defense-Wide Aguadilla Microgrid Control System, 460 KW PV, 275 KW Generator, 660 Kwh Bess 0 10,120 Defense-Wide Fort Allen Microgrid Control System, 690 KW PV, 275 KW Gen, 570 Kwh Bess 0 12,190 Defense-Wide Punta Borinquen Ramey Unit School Replacement 84,000 84,000 Tennessee Defense-Wide Memphis International Airport PV Arrays and Battery Storage 0 4,780 Texas Defense-Wide Joint Base San Antonio Ambulatory Care Center Phase 4 35,000 35,000 United Kingdom Defense-Wide Menwith Hill Station Rafmh Main Gate Rehabilitation 20,000 20,000 Defense-Wide Royal Air Force Lakenheath Hospital Replacement-Temporary Facilities 19,283 19,283 Virginia Defense-Wide Fort Belvoir Veterinary Treatment Facility Replacement 29,800 29,800 Defense-Wide Fort Belvoir, NGA Campus East Led Upgrade Package 0 365 Defense-Wide Humphries Engineer Center and Support Activity SOF Battalion Operations Facility 0 36,000 Defense-Wide National Geospatial-Intelligence Agency Campus East Electrical System Redundancy 0 5,299 Defense-Wide Pentagon Consolidated Maintenance Complex (RRMC) 20,000 20,000 Defense-Wide Pentagon Force Protection Perimeter Enhancements 8,608 8,608 Defense-Wide Pentagon Public Works Support Facility 21,935 21,935 Defense-Wide Pentagon, Mark Center, and Raven Rock Mountain Complex Recommissioning of Hvac Systems, Part B 0 2,600 Washington Defense-Wide Oak Harbor ACC / Dental Clinic 59,000 59,000 Worldwide Unspecified Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 8,000 8,000 Defense-Wide Unspecified Worldwide Locations Planning & Design 13,317 13,317 Defense-Wide Unspecified Worldwide Locations Planning & Design 11,000 11,000 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 4,435 4,435 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 21,746 21,746 Defense-Wide Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 246,600 0 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 3,000 3,000 Defense-Wide Unspecified Worldwide Locations Planning & Design 14,194 14,194 Defense-Wide Unspecified Worldwide Locations ERCIP Design 40,150 40,150 Defense-Wide Unspecified Worldwide Locations Unspecified Minor Military Construction 12,000 12,000 Defense-Wide Unspecified Worldwide Locations Planning & Design 83,840 83,840 Defense-Wide Unspecified Worldwide Locations Exercise Related Minor Construction 5,615 5,615 Defense-Wide Unspecified Worldwide Locations Planning & Design 2,000 2,000 Defense-Wide Unspecified Worldwide Locations Planning & Design 5,275 5,275 Defense-Wide Various Worldwide Locations Planning & Design 20,576 20,576 Defense-Wide Various Worldwide Locations Planning & Design 20,862 20,862 Defense-Wide Various Worldwide Locations Unspecified Minor Military Construction 6,668 6,668 Defense-Wide Various Worldwide Locations Planning & Design 35,099 35,099 SUBTOTAL DEFENSE-WIDE 1,957,289 1,996,969 ARMY NATIONAL GUARD Alabama Army National Guard Huntsville National Guard Readiness Center 0 17,000 Connecticut Army National Guard Putnam National Guard Readiness Center 17,500 17,500 Georgia Army National Guard Fort Benning Post-Initial Mil. Training Unaccomp. Housing 13,200 13,200 Guam Army National Guard Barrigada National Guard Readiness Center Addition 34,000 34,000 Idaho Army National Guard Jerome National Guard Readiness Center 15,000 15,000 Illinois Army National Guard Bloomington Armory National Guard Vehicle Maintenance Shop 15,000 15,000 Kansas Army National Guard Topeka National Guard/Reserve Center Building 16,732 16,732 Louisiana Army National Guard Lake Charles National Guard Readiness Center 18,500 18,500 Maine Army National Guard Saco National Guard Vehicle Maintenance Shop 21,200 21,200 Mississippi Army National Guard Camp Shelby Maneuver Area Training Equipment Site 0 15,500 Montana Army National Guard Butte National Guard Readiness Center 16,000 16,000 Nebraska Army National Guard Mead Training Site Collective Training Unaccompanied Housing 0 11,000 North Dakota Army National Guard Dickinson National Guard Readiness Center 15,500 15,500 South Dakota Army National Guard Sioux Falls National Guard Readiness Center 0 15,000 Texas Army National Guard Camp Bullis Cost to Complete, Vehicle Maintenance Shop 0 16,400 Vermont Army National Guard Bennington National Guard Readiness Center 0 16,900 Virginia Army National Guard Troutville National Guard Readiness Center Addition 6,100 6,100 Army National Guard Troutville Combined Support Maintenance Shop Addition 6,900 6,900 Worldwide Unspecified Army National Guard Unspecified Worldwide Locations Unspecified Minor Military Construction 39,471 39,471 Army National Guard Unspecified Worldwide Locations Planning & Design 22,000 22,000 Army National Guard Worldwide Various Locations Army Aviation Support Facility P&D (Sandston, VA) 0 6,500 Army National Guard Worldwide Various Locations Cost to Complete, Unspecified Minor Construction 0 69,000 Army National Guard Worldwide Various Locations Family Housing Planning and Design 0 15,000 SUBTOTAL ARMY NATIONAL GUARD 257,103 439,403 AIR NATIONAL GUARD Alabama Air National Guard Montgomery Regional Airport Aircraft Maintenance Facility 0 19,200 Air National Guard Sumpter Smith Air National Guard Base Security and Services Training Facility 0 7,500 Connecticut Air National Guard Bradley International Airport Composite ASE/Vehicle MX Facility 0 17,000 Delaware Air National Guard New Castle County Airport Replace Fuel Cell/Corrosion Control Hangar 0 17,500 Idaho Air National Guard Boise Air Terminal (Gowen Field) Medical Training Facility 0 6,500 Illinois Air National Guard Abraham Lincoln Capital Airport Base Civil Engineer Complex 0 10,200 Massachusetts Air National Guard Barnes Air National Guard Base Combined Engine/ASE/NDI Shop 12,200 12,200 Michigan Air National Guard Alpena County Regional Airport Aircraft Maintenance Hangar/Shops 23,000 23,000 Air National Guard Selfridge Air National Guard Base A‐10 Maintenance Hangar and Shops 0 28,000 Air National Guard W. K. Kellog Regional Airport Construct Main Base Entrance 10,000 10,000 Mississippi Air National Guard Jackson International Airport Fire Crash and Rescue Station 9,300 9,300 New York Air National Guard Francis S. Gabreski Airport Base Civil Engineer Complex 0 14,800 Air National Guard Schenectady Municipal Airport C–130 Flight Simulator Facility 10,800 10,800 Ohio Air National Guard Camp Perry Red Horse Logistics Complex 7,800 7,800 South Carolina Air National Guard Mcentire Joint National Guard Base Hazardous Cargo Pad 0 9,000 Air National Guard Mcentire Joint National Guard Base F–16 Mission Training Center 9,800 9,800 South Dakota Air National Guard Joe Foss Field F–16 Mission Training Center 9,800 9,800 Texas Air National Guard Kelly Field Annex Aircraft Corrosion Control 0 9,500 Washington Air National Guard Camp Murray Air National Guard Station Air Support Operations Complex 0 27,000 Wisconsin Air National Guard Truax Field Medical Readiness Facility 13,200 13,200 Air National Guard Truax Field F–35 3–Bay Specialized Hangar 31,000 31,000 Worldwide Unspecified Air National Guard Unspecified Worldwide Locations Unspecified Minor Military Construction 29,068 29,068 Air National Guard Various Worldwide Locations Planning & Design 34,402 34,402 Wyoming Air National Guard Cheyenne Regional Airport Combined Vehicle Maintenance & ASE Complex 13,400 13,400 SUBTOTAL AIR NATIONAL GUARD 213,770 379,970 ARMY RESERVE Michigan Army Reserve Southfield Area Maintenance Support Activity 12,000 12,000 Ohio Army Reserve Wright-Patterson Air Force Base AR Center Training Building/ UHS 19,000 19,000 Wisconsin Army Reserve Fort McCoy Transient Training Officer Barracks 0 29,200 Army Reserve Fort McCoy Transient Training Battalion Headquarters 12,200 12,200 Wisonsin Army Reserve Fort McCoy Transient Training Enlisted Barracks 0 29,200 Worldwide Unspecified Army Reserve Unspecified Worldwide Locations Planning & Design 7,167 7,167 Army Reserve Unspecified Worldwide Locations Unspecified Minor Military Construction 14,544 14,544 SUBTOTAL ARMY RESERVE 64,911 123,311 NAVY RESERVE Michigan Navy Reserve Navy Operational Support Center Battle Creek Reserve Center & Vehicle Maintenance Facility 49,090 49,090 Minnesota Navy Reserve Minneapolis Air Reserve Station Joint Reserve Intelligence Center 14,350 14,350 Worldwide Unspecified Navy Reserve Unspecified Worldwide Locations MCNR Unspecified Minor Construction 2,359 2,359 Navy Reserve Unspecified Worldwide Locations USMCR Planning and Design 4,748 4,748 Navy Reserve Unspecified Worldwide Locations MCNR Planning & Design 1,257 1,257 SUBTOTAL NAVY RESERVE 71,804 71,804 AIR FORCE RESERVE California Air Force Reserve Beale Air Force Base 940 ARW SQ OPS & AMU Complex 0 33,000 Florida Air Force Reserve Homestead Air Reserve Base Corrosion Control Facility 14,000 14,000 Air Force Reserve Patrick Air Force Base Recovery Flight Simulator 18,500 18,500 Indiana Air Force Reserve Grissom Air Reserve Base Logistics Readiness Complex 0 29,000 Minnesota Air Force Reserve Minneapolis-St Paul Air Reserve Station Mission Support Group Facility 14,000 14,000 New York Air Force Reserve Niagara Falls Air Reserve Station Main Gate 10,600 10,600 Ohio Air Force Reserve Youngstown Air Reserve Base Assault Runway 0 8,700 Worldwide Unspecified Air Force Reserve Unspecified Worldwide Locations Planning & Design 5,830 5,830 Air Force Reserve Unspecified Worldwide Locations Unspecified Minor Military Construction 15,444 15,444 Air Force Reserve Worldwide Various Locations Planning and Design ‐ Kc‐46 Mob 5 0 15,000 SUBTOTAL AIR FORCE RESERVE 78,374 164,074 NATO SECURITY INVESTMENT PROGRAM Worldwide Unspecified NATO Security Investment Program NATO Security Investment Program NATO Security Investment Program 205,853 205,853 SUBTOTAL NATO SECURITY INVESTMENT PROGRAM 205,853 205,853 TOTAL MILITARY CONSTRUCTION 8,154,838 11,006,418 FAMILY HOUSING CONSTRUCTION, ARMY Italy Construction, Army Vicenza Family Housing New Construction 92,304 92,304 Worldwide Unspecified Construction, Army Unspecified Worldwide Locations Family Housing P&D 7,545 7,545 SUBTOTAL CONSTRUCTION, ARMY 99,849 99,849 O&M, ARMY Worldwide Unspecified O&M, Army Unspecified Worldwide Locations Management 42,850 42,850 O&M, Army Unspecified Worldwide Locations Services 8,277 8,277 O&M, Army Unspecified Worldwide Locations Furnishings 18,077 18,077 O&M, Army Unspecified Worldwide Locations Miscellaneous 556 556 O&M, Army Unspecified Worldwide Locations Maintenance 111,181 111,181 O&M, Army Unspecified Worldwide Locations Utilities 43,772 43,772 O&M, Army Unspecified Worldwide Locations Leasing 128,110 128,110 O&M, Army Unspecified Worldwide Locations Housing Privatization Support 38,404 38,404 SUBTOTAL O&M, ARMY 391,227 391,227 CONSTRUCTION, NAVY AND MARINE CORPS Worldwide Unspecified Construction, Navy and Marine Corps Unspecified Worldwide Locations USMC DPRI/Guam Planning & Design 2,098 2,098 Construction, Navy and Marine Corps Unspecified Worldwide Locations Construction Improvements 71,884 71,884 Construction, Navy and Marine Corps Unspecified Worldwide Locations Planning & Design 3,634 3,634 SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS 77,616 77,616 O&M, NAVY AND MARINE CORPS Worldwide Unspecified O&M, Navy and Marine Corps Unspecified Worldwide Locations Utilities 56,271 56,271 O&M, Navy and Marine Corps Unspecified Worldwide Locations Furnishings 16,537 16,537 O&M, Navy and Marine Corps Unspecified Worldwide Locations Management 54,083 54,083 O&M, Navy and Marine Corps Unspecified Worldwide Locations Miscellaneous 285 285 O&M, Navy and Marine Corps Unspecified Worldwide Locations Services 17,637 17,637 O&M, Navy and Marine Corps Unspecified Worldwide Locations Leasing 62,567 62,567 O&M, Navy and Marine Corps Unspecified Worldwide Locations Maintenance 95,417 95,417 O&M, Navy and Marine Corps Unspecified Worldwide Locations Housing Privatization Support 54,544 54,544 SUBTOTAL O&M, NAVY AND MARINE CORPS 357,341 357,341 CONSTRUCTION, AIR FORCE Georgia Construction, Air Force Robins Air Force Base Robins 2 MHPI Restructure 6,000 6,000 Nebraska Construction, Air Force Offutt Air Force Base Offutt MHPI Restructure 50,000 50,000 Worldwide Unspecified Construction, Air Force Unspecified Worldwide Locations Construction Improvements 49,258 49,258 Construction, Air Force Unspecified Worldwide Locations Planning & Design 10,458 10,458 SUBTOTAL CONSTRUCTION, AIR FORCE 115,716 115,716 O&M, AIR FORCE Worldwide Unspecified O&M, Air Force Unspecified Worldwide Locations Housing Privatization 23,275 23,275 O&M, Air Force Unspecified Worldwide Locations Utilities 43,668 43,668 O&M, Air Force Unspecified Worldwide Locations Management 70,062 70,062 O&M, Air Force Unspecified Worldwide Locations Services 8,124 8,124 O&M, Air Force Unspecified Worldwide Locations Furnishings 26,842 26,842 O&M, Air Force Unspecified Worldwide Locations Miscellaneous 2,200 2,200 O&M, Air Force Unspecified Worldwide Locations Leasing 9,520 9,520 O&M, Air Force Unspecified Worldwide Locations Maintenance 141,754 141,754 SUBTOTAL O&M, AIR FORCE 325,445 325,445 O&M, DEFENSE-WIDE Worldwide Unspecified O&M, Defense-Wide Unspecified Worldwide Locations Utilities 4,166 4,166 O&M, Defense-Wide Unspecified Worldwide Locations Furnishings 83 83 O&M, Defense-Wide Unspecified Worldwide Locations Utilities 14 14 O&M, Defense-Wide Unspecified Worldwide Locations Leasing 13,387 13,387 O&M, Defense-Wide Unspecified Worldwide Locations Maintenance 49 49 O&M, Defense-Wide Unspecified Worldwide Locations Furnishings 656 656 O&M, Defense-Wide Unspecified Worldwide Locations Leasing 31,430 31,430 SUBTOTAL O&M, DEFENSE-WIDE 49,785 49,785 IMPROVEMENT FUND Worldwide Unspecified Improvement Fund Unspecified Worldwide Locations Administrative Expenses—FHIF 6,081 6,081 SUBTOTAL IMPROVEMENT FUND 6,081 6,081 UNACCMP HSG IMPROVEMENT FUND Worldwide Unspecified Unaccmp HSG Improvement Fund Unspecified Worldwide Locations Administrative Expenses—UHIF 494 494 SUBTOTAL UNACCMP HSG IMPROVEMENT FUND 494 494 TOTAL FAMILY HOUSING 1,423,554 1,423,554 DEFENSE BASE REALIGNMENT AND CLOSURE ARMY BRAC Worldwide Unspecified Army BRAC Base Realignment & Closure Base Realignment & Closure 65,301 65,301 SUBTOTAL ARMY BRAC 65,301 65,301 NAVY BRAC Worldwide Unspecified Navy BRAC Unspecified Worldwide Locations Base Realignment & Closure 111,155 111,155 SUBTOTAL NAVY BRAC 111,155 111,155 AIR FORCE BRAC Worldwide Unspecified Air Force BRAC Unspecified Worldwide Locations DOD BRAC Activities—Air Force 104,216 104,216 SUBTOTAL AIR FORCE BRAC 104,216 104,216 DOD BRAC Worldwide Unspecified DOD BRAC Unspecified Worldwide Locations Int–4: DLA Activities 3,967 3,967 SUBTOTAL DOD BRAC 3,967 3,967 TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 284,639 284,639 TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 9,863,031 12,714,611 XLVII DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) Program FY 2022 Request Senate Authorized Discretionary Summary by Appropriation Energy and Water Development and Related Agencies Appropriation Summary: Energy Programs Nuclear energy 149,800 149,800 Atomic Energy Defense Activities National Nuclear Security Administration: Federal Salaries and Expenses 464,000 464,000 Weapons activities 15,484,295 15,755,745 Defense nuclear nonproliferation 1,934,000 1,991,000 Naval reactors 1,860,705 1,860,705 Total, National Nuclear Security Administration 19,743,000 20,071,450 Defense environmental cleanup 6,841,670 6,573,000 Other defense activities 1,170,000 920,000 Total, Atomic Energy Defense Activities 27,754,670 27,564,450 Total, Discretionary Funding 27,904,470 27,714,250 Nuclear Energy Safeguards and security 149,800 149,800 Total, Nuclear Energy 149,800 149,800 National Nuclear Security Administration Federal Salaries and Expenses Program direction 464,000 464,000 Weapons Activities Stockpile management Stockpile major modernization B61 Life extension program 771,664 771,664 W76–2 Modification program 0 0 W88 Alteration program 207,157 207,157 W80–4 Life extension program 1,080,400 1,080,400 W80–4 ALT SLCM 10,000 10,000 W87–1 Modification Program (formerly IW1) 691,031 691,031 W93 72,000 72,000 Multi-Weapon Systems 1,180,483 1,180,483 Total, Stockpile major modernization 4,012,735 4,012,735 Weapons dismantlement and disposition 51,000 51,000 Production operations 568,941 568,941 Total, Stockpile management 4,632,676 4,632,676 Production modernization Primary capability modernization Plutonium modernization Los Alamos plutonium modernization Los Alamos Plutonium Operations 660,419 660,419 21–D–512, Plutonium Pit Production Project, LANL 350,000 350,000 Subtotal, Los Alamos plutonium modernization 1,010,419 1,010,419 Savannah River plutonium modernization Savannah River plutonium operations 128,000 128,000 21–D–511, Savannah River Plutonium Processing Facility, SRS 475,000 475,000 Subtotal, Savannah River plutonium modernization 603,000 603,000 Enterprise Plutonium Support 107,098 107,098 Total, Plutonium Modernization 1,720,517 1,720,517 High Explosives & Energetics 68,785 68,785 Total, Primary capability modernization 1,789,302 1,789,302 Secondary Capability Modernization 488,097 493,097 Cold hearth furnace for depleted uranium (5,000) Tritium and Domestic Uranium Enrichment 489,017 489,017 Non-Nuclear Capability Modernization 144,563 144,563 Total, Production modernization 2,910,979 2,915,979 Stockpile research, technology, and engineering Assessment science 689,578 769,528 Reverse FY22 decrease (79,950) Engineering and integrated assessments 336,766 337,766 Reverse FY22 decrease (1,000) Inertial confinement fusion 529,000 599,000 Reverse FY22 decrease, fund operations and targets (70,000) Advanced simulation and computing 747,012 747,012 Weapon technology and manufacturing maturation 292,630 301,130 Reverse FY22 decrease (8,500) Academic programs 85,645 91,945 Reverse FY22 decrease (6,300) Total, Stockpile research, technology, and engineering 2,680,631 2,846,381 Infrastructure and operations Operating Operations of facilities 1,014,000 1,014,000 Safety and Environmental Operations 165,354 165,354 Maintenance and Repair of Facilities 670,000 670,000 Recapitalization Infrastructure and Safety 508,664 574,664 Reverse FY22 decrease (66,000) Capabilities Based Investments 143,066 149,166 Reverse FY22 decrease (6,100) Planning for Programmatic Construction (Pre-CD–1) 0 10,000 Reverse FY22 decrease (10,000) Subtotal, Recapitalization 651,730 733,830 Total, Operating 2,501,084 2,583,184 I&O: Construction Programmatic 22–D–513 Power Sources Capability, SNL 13,827 13,827 21–D–510, HE Synthesis, Formulation, and Production Facility, PX 44,500 44,500 18–D–690, Lithium Processing Facility, Y–12 171,902 171,902 18–D–650, Tritium Finishing Facility, SRS 27,000 27,000 18–D–620, Exascale Computing Facility Modernization Project, LLNL 0 0 17–D–640, U1a Complex Enhancements Project, NNSS 135,000 135,000 15–D–302, TA–55 Reinvestment Project—Phase 3, LANL 27,000 27,000 15–D–301, HE Science & Engineering Facility, PX 0 0 07–D–220-04, Transuranic Liquid Waste Facility, LANL 0 0 06–D–141, Uranium Processing Facility, Y–12 524,000 524,000 04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL 138,123 138,123 Total, Programmatic 1,081,352 1,081,352 Mission enabling 22–D–514 Digital Infrastructure Capability Expansion 8,000 8,000 Total, Mission enabling 8,000 8,000 Total, I&O construction 1,089,352 1,089,352 Total, Infrastructure and operations 3,590,436 3,672,536 Secure transportation asset Operations and equipment 213,704 225,704 Reverse FY22 decrease (12,000) Program direction 123,060 129,660 Reverse FY22 decrease (6,600) Total, Secure transportation asset 336,764 355,364 Defense nuclear security Operations and maintenance 824,623 824,623 Security improvements program 0 0 Construction: 17–D–710, West end protected area reduction project, Y–12 23,000 23,000 Subtotal, construction 23,000 23,000 Total, Defense nuclear security 847,623 847,623 Information technology and cybersecurity 406,530 406,530 Legacy contractor pensions 78,656 78,656 Total, Weapons Activities 15,484,295 15,755,745 Adjustments Use of prior year balances 0 0 Total, Adjustments 0 0 Total, Weapons Activities 15,484,295 15,755,745 Defense Nuclear Nonproliferation Defense Nuclear Nonproliferation Programs Material management and minimization Conversion (formerly HEU Reactor Conversion) 100,660 100,660 Nuclear material removal 42,100 42,100 Material disposition 200,186 200,186 Laboratory and partnership support 0 10,000 Additional isotope production (10,000) Total, Material management & minimization 342,946 352,946 Global material security International nuclear security 79,939 79,939 Domestic radiological security 158,002 185,002 Reverse FY22 decrease (27,000) International radiological security 85,000 85,000 Nuclear smuggling detection and deterrence 175,000 185,000 Additional border screening (10,000) Total, Global material security 497,941 534,941 Nonproliferation and arms control 184,795 184,795 National Technical Nuclear Forensics R&D 45,000 45,000 Defense nuclear nonproliferation R&D Proliferation detection 269,407 269,407 Nonproliferation Stewardship program 87,329 87,329 Nuclear detonation detection 271,000 271,000 Nonproliferation fuels development 0 0 Total, Defense Nuclear Nonproliferation R&D 627,736 627,736 Nonproliferation construction U.S. Construction: 18–D–150 Surplus Plutonium Disposition Project 156,000 156,000 99–D–143, Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 0 0 Total, U.S. Construction: 156,000 156,000 Total, Nonproliferation construction 156,000 156,000 Total, Defense Nuclear Nonproliferation Programs 1,854,418 1,901,418 Legacy contractor pensions 38,800 38,800 Nuclear counterterrorism and incident response program Emergency Operations 14,597 24,597 Reverse FY22 decrease (10,000) Counterterrorism and Counterproliferation 356,185 356,185 Total, Nuclear counterterrorism and incident response program 370,782 380,782 Subtotal, Defense Nuclear Nonproliferation 2,264,000 2,321,000 Adjustments Use of prior year balances 0 0 Rescission of prior year MOX funding –330,000 –330,000 Total, Adjustments –330,000 –330,000 Total, Defense Nuclear Nonproliferation 1,934,000 1,991,000 Naval Reactors Naval reactors development 635,684 635,684 Columbia-Class reactor systems development 55,000 55,000 S8G Prototype refueling 126,000 126,000 Naval reactors operations and infrastructure 599,017 599,017 Program direction 55,579 55,579 Construction: 22–D–532 Security Upgrades KL 5,100 5,100 22–D–531 KL Chemistry & Radiological Health Building 41,620 41,620 21–D–530 KL Steam and Condensate Upgrades 0 0 14–D–901, Spent Fuel Handling Recapitalization Project, NRF 348,705 348,705 Total, Construction 395,425 395,425 Rescission of Prior Year unobligated balances –6,000 –6,000 Total, Naval Reactors 1,860,705 1,860,705 TOTAL, National Nuclear Security Administration 19,743,000 20,071,450 Defense Environmental Cleanup Closure sites administration 3,987 3,987 Richland: River corridor and other cleanup operations 196,000 233,000 Reverse FY22 decrease (37,000) Central plateau remediation 689,776 689,776 Richland community and regulatory support 5,121 5,121 18–D–404 Modification of Waste Encapsulation and Storage Facility 8,000 8,000 22–D–401 L–888, 400 Area Fire Station 15,200 15,200 22–D–402 L–897, 200 Area Water Treatment Facility 12,800 12,800 Total, Richland 926,897 963,897 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 50,000 50,000 Rad liquid tank waste stabilization and disposition 817,642 837,642 Additional tank stabilization (20,000) Construction: 18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW 586,000 586,000 01–D–16 D, High-level waste facility 60,000 60,000 01–D–16 E, Pretreatment Facility 20,000 20,000 Total, Construction 666,000 666,000 ORP Low-level waste offsite disposal 7,000 7,000 Total, Office of River Protection 1,540,642 1,560,642 Idaho National Laboratory: Idaho cleanup and waste disposition 358,925 358,925 Idaho community and regulatory support 2,658 2,658 Construction: 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 3,000 3,000 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 5,000 5,000 Total, Construction 8,000 8,000 Total, Idaho National Laboratory 369,583 369,583 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,806 1,806 LLNL Excess facilities D&D 35,000 45,000 Accelerate cleanup (10,000) Separations Processing Research Unit 15,000 15,000 Nevada Test Site 60,737 60,737 Sandia National Laboratory 4,576 4,576 Los Alamos National Laboratory 275,119 275,119 Los Alamos Excess facilities D&D 58,381 58,381 Total, NNSA sites and Nevada off-sites 450,619 460,619 Oak Ridge Reservation: OR Nuclear facility D&D 274,923 324,923 Accelerate cleanup (50,000) U233 Disposition Program 55,000 55,000 OR cleanup and waste disposition 73,725 73,725 Construction: 17–D–401 On-site waste disposal facility 12,500 12,500 14–D–403 Outfall 200 Mercury Treatment Facility 0 0 Subtotal, Construction: 12,500 12,500 OR community & regulatory support 5,096 5,096 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 424,244 474,244 Savannah River Site: Savannah River risk management operations 461,723 486,023 H-canyon operations (24,300) SR legacy pensions 130,882 130,882 SR community and regulatory support 5,805 11,505 Reverse FY22 decrease (5,700) Radioactive liquid tank waste: Construction: 20-D–402 Advanced Manufacturing Collaborative Facility (AMC) 0 0 20-D–401 Saltstone Disposal Unit #10, 11, 12 19,500 19,500 19–D–701 SR Security systems replacement 5,000 5,000 18–D–402 Saltstone disposal unit #8/9 68,000 68,000 17–D–402 Saltstone Disposal Unit #7 0 0 05–D–405 Salt waste processing facility, SRS 0 0 Total, Construction, Radioactive liquid tank waste 92,500 92,500 Radioactive liquid tank waste stabilization 890,865 890,865 Total, Savannah River Site 1,581,775 1,611,775 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 350,424 350,424 Construction: 15–D–411 Safety significant confinement ventilation system, WIPP 55,000 55,000 15–D–412 Exhaust shaft, WIPP 25,000 25,000 21–D–401 Hoisting Capability Project 0 0 Total, Construction 80,000 80,000 Total, Waste Isolation Pilot Plant 430,424 430,424 Program direction—Defense Environmental Cleanup 293,106 293,106 Program support—Defense Environmental Cleanup 62,979 62,979 Safeguards and Security—Defense Environmental Cleanup 316,744 316,744 Technology development and deployment 25,000 25,000 Federal contribution to the Uranium Enrichment D&D Fund 415,670 0 Reverse contribution to Fund from EM budget (–415,670) Use of prior year balances 0 0 Subtotal, Defense environmental cleanup 6,841,670 6,573,000 Rescission: Rescission of prior year balances 0 0 TOTAL, Defense Environmental Cleanup 6,841,670 6,573,000 Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 130,809 130,809 Program direction 75,511 75,511 Total, Environment, health, safety and security 206,320 206,320 Independent enterprise assessments Enterprise assessments 27,335 27,335 Program direction—Office of Enterprise Assessments 56,049 56,049 Total, Office of Enterprise Assessments 83,384 83,384 Specialized security activities 283,500 283,500 Office of Legacy Management Legacy management activities—defense 408,797 158,797 Reduction for work performed by Army Corps of Engineers (–250,000) Program direction 19,933 19,933 Total, Office of Legacy Management 428,730 178,730 Defense related administrative support 163,710 163,710 Office of hearings and appeals 4,356 4,356 Subtotal, Other defense activities 1,170,000 920,000 Use of prior year balances 0 0 Total, Other Defense Activities 1,170,000 920,000
September 22 (legislative day, September 21), 2021 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2792rs/xml/BILLS-117s2792rs.xml |
117-s-2793 | II 117th CONGRESS 1st Session S. 2793 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Peters (for himself, Mr. Lankford , Mr. Hawley , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To authorize the Administrator of General Services to establish an enhanced use lease pilot program, and for other purposes.
1. Short title This Act may be cited as the Saving Money and Accelerating Repairs Through Leasing Act or the SMART Leasing Act . 2. Enhanced use lease pilot program (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of General Services. (2) Pilot program The term pilot program means the enhanced use lease pilot program established under subsection (b). (3) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Oversight and Reform of the House of Representatives; and (D) the Committee on Transportation and Infrastructure of the House of Representatives. (b) Establishment The Administrator may establish an enhanced use lease pilot program under which the Administrator may authorize Federal agencies to enter into a lease with any person or entity (including another department or agency of the Federal Government or an entity of a State or local government) with regard to any underutilized nonexcess real property and related personal property under the jurisdiction of the Administrator. (c) Monetary consideration (1) Fair market value (A) In general Except as provided in subparagraph (B), a person or entity entering into a lease under the pilot program shall provide monetary consideration for the lease at fair market value, as determined by the Administrator. (B) In-kind consideration The Administrator may accept in-kind consideration for leases entered into under the pilot program for the purpose of developing renewable energy production facilities. (2) Utilization (A) In general The Administrator may use monetary consideration received under this subsection for a lease entered into under the pilot program to cover the full costs to the Administration in connection with the lease. (B) Capital revitalization and improvements Any amounts of monetary consideration received under this subsection that are not used in accordance with subparagraph (A) shall— (i) be deposited in a working capital account to be established by the Federal agency engaged in the lease of the property; and (ii) remain available until expended for maintenance, capital revitalization, and improvements of the real property assets and related personal property at the Federal agency, subject to the concurrence of the Administrator. (d) Additional terms and conditions The Administrator may require such terms and conditions in connection with a lease under the pilot program as the Administrator considers appropriate to protect the interests of the United States. (e) Relationship to other lease authority The authority under the pilot program to lease property under the jurisdiction of the Administrator is in addition to any other authority under Federal law to lease property under the jurisdiction of the Administrator. (f) Waiver A property leased under the pilot program shall not be subject to section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) before leasing the property under such pilot program. (g) Lease restrictions (1) No leaseback or guaranteed service contract (A) In general Subject to subparagraph (B), the Administrator may not lease back property under the pilot program during the term of the lease or enter into guaranteed service or similar contracts with the lessee relating to the property. (B) In-kind consideration leases Subparagraph (A) shall not apply to property under a lease under the pilot program in which the Administrator received in-kind consideration under subsection (c)(1)(B). (2) Certification The Administrator may not enter into a lease under the pilot program unless the Administrator certifies that the lease will not have a negative impact on the mission of the Administrator or the applicable Federal agency. (3) Maximum number of leases The Administrator may enter into not more than 6 leases under the pilot program during each fiscal year. (4) Duration of leases The Administrator may not enter into a lease under the pilot program with a term of more than 15 years. (h) Reporting (1) Annual reports Not later than January 31 of each year, the Administrator shall submit to the relevant congressional committees a report on the pilot program, including— (A) a description of each lease entered into under the pilot program, including the value of the lease, the amount of consideration received, and the use of the consideration received; and (B) the availability and use of the funds received under the pilot program for the Administrator or the Federal agency engaged in the lease of nonexcess real property and related personal property. (2) Final report Not later than September 30, 2024, the Administrator shall submit to the relevant congressional committees a final report on the pilot program, including a recommendation on whether the pilot program should be extended. (i) Duration (1) In general The authority to enter into leases under the pilot program shall expire on September 30, 2024. (2) Savings provision The expiration under this subsection of authority to enter into leases under the pilot program shall not affect the validity or term of leases or the retention of proceeds by the Federal agency from leases entered into under the pilot program before the expiration of the authority. | https://www.govinfo.gov/content/pkg/BILLS-117s2793is/xml/BILLS-117s2793is.xml |
117-s-2794 | II 117th CONGRESS 1st Session S. 2794 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Tuberville (for himself, Mr. Cramer , Mr. Scott of Florida , Mr. Braun , Mr. Barrasso , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to increase automatic maximum coverage under the Servicemembers’ Group Life Insurance program and the Veterans’ Group Life Insurance program, and for other purposes.
1. Short title This Act may be cited as the Supporting Families of the Fallen Act . 2. Increase in automatic maximum coverage under Servicemembers' Group Life Insurance and Veterans' Group Life Insurance (a) In general Section 1967(a)(3)(A)(i) of title 38, United States Code, is amended by striking $400,000 and inserting $500,000 . (b) Effective date The amendment made by subsection (a) shall take effect on the later of— (1) the date that is 60 days after the date of the enactment of this Act; or (2) the date on which the Secretary of Veterans Affairs determines that— (A) the amount for which a member will be insured pursuant to the amendment made by subsection (a) and the premiums for such amount are administratively and actuarially sound for the Servicemembers' Group Life Insurance program under subchapter III of chapter 19 of title 38, United States Code, and the Veterans' Group Life Insurance program under section 1977 of such title; and (B) the increase in such amount carried out pursuant to the amendment will not result in such programs operating at a loss. | https://www.govinfo.gov/content/pkg/BILLS-117s2794is/xml/BILLS-117s2794is.xml |
117-s-2795 | II 117th CONGRESS 1st Session S. 2795 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Ms. Cortez Masto (for herself, Mr. Blumenthal , Mr. Markey , Mr. Merkley , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to use alternatives to detention for certain vulnerable immigrant populations, and for other purposes.
1. Short title This Act may be cited as the Alternatives to Detention Act of 2021 . 2. Definitions In this Act: (1) Dependent caregiver The term dependent caregiver means an individual who lives with, and provides more than ½ of the financial support required by, a family member who is— (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (2) Executive departments The term executive departments means the Federal Departments listed under section 101 of title 5, United States Code. (3) Family caregiver The term family caregiver means an individual who lives with, and provides more than ½ of the personal care required by, a family member who is— (A) younger than 18 years of age; or (B) unable to engage in substantial employment due to a physical or mental health condition or disability. (4) Family member The term family member , with respect to an individual receiving personal care services or financial support, means an individual who is— (A) a parent or legal guardian; (B) a spouse; (C) a child; (D) a step-family member; or (E) an extended family member. (5) Immigration laws The term immigration laws has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(17) ). (6) Legal guardian The term legal guardian means a legal guardian, as defined under State law or under the law of a foreign country. (7) Member of a vulnerable population The term member of a vulnerable population means an individual who— (A) is an asylum seeker or is otherwise seeking lawful status; (B) is a victim of torture or trafficking; (C) has special religious, cultural, or spiritual considerations; (D) is pregnant or nursing; (E) is younger than 21 years of age; (F) is older than 60 years of age; (G) identifies as gay, lesbian, bisexual, transgender, or intersex; (H) is a victim or a witness of a crime; (I) has a mental disorder or physical disability; or (J) is experiencing severe trauma or is a survivor of torture or gender-based violence, as determined by an immigration judge or the Secretary based on information obtained— (i) by the attorney or legal services provider of the individual during the intake process; or (ii) through credible reporting by the individual. (8) Parent The term parent means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country. (9) Secretary The term Secretary means the Secretary of Homeland Security. 3. Alternatives to detention under the immigration laws (a) Establishment (1) In general The Secretary shall establish programs to provide alternatives to detention under the immigration laws. (2) Availability The programs required under paragraph (1) shall be available to an alien regardless of whether— (A) a decision on a charge of removability with respect to the alien is pending; or (B) the alien is subject to an order of removal. (3) Continuum of supervision The programs required under paragraph (1) shall provide for a continuum of supervision mechanisms and options, including community-based supervision and community support. (4) Contracts with nongovernmental organizations The Secretary may contract with one or more nongovernmental organizations to provide services under this subsection and subsection (b). (b) Restoration of the Family Case Management Program Not later than 7 days after the date of the enactment of this Act, the Secretary shall fully restore the U.S. Immigration and Customs Enforcement Family Case Management Program, as constituted on January 21, 2016, which shall— (1) provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained; and (2) be carried out through a contract with a nongovernmental organization that has demonstrated expertise in providing such supervision and support services. (c) Determination of vulnerable population or caregiver status required (1) In general Subject to paragraphs (2) and (3), not later than 72 hours after taking an individual into custody under the immigration laws, the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge shall make an individualized determination with respect to— (A) whether the individual may participate in an alternatives to detention program, including the Family Case Management Program described in subsection (b); and (B) the appropriate level of supervision for such individual. (2) Presumption for placement in alternatives to detention program (A) In general There shall be a presumption for placement in an alternatives to detention program that is a community-based supervision program for any alien who is— (i) taken into the physical custody of the Department of Homeland Security; and (ii) a member of a vulnerable population, a parent of a child who is younger than 18 years of age, a dependent caregiver, or a family caregiver. (B) Exception The presumption described in subparagraph (A) shall not apply if the Secretary, the Commissioner of U.S. Customs and Border Protection, an immigration officer, or an immigration judge specifically determines that the alien is a threat to himself or herself or to the public. (3) Exceptions Alternatives to detention programs shall not be available to any individual— (A) who is detained pursuant to section 236A of the Immigration and Nationality Act ( 8 U.S.C. 1226a ); or (B) for whom release on bond or recognizance is determined to be a sufficient measure to ensure appearances at immigration proceedings and public safety. (d) Coordinator of Alternatives to Detention (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary shall— (A) establish within the Department of Homeland Security the position of Coordinator of Alternatives to Detention (referred to in this subsection as the Coordinator ), who shall report directly to the Secretary; and (B) appoint the Coordinator. (2) Resources The Secretary shall make available to the Coordinator such personnel, funds, and other resources as may be appropriate to enable the Coordinator to carry out the mission described in paragraph (3)(A). (3) Mission and duties (A) Mission The mission of the Coordinator shall be to coordinate, in collaboration with the executive departments, the use of alternatives to detention programs. (B) Duties of coordinator (i) In general The Coordinator shall— (I) serve as the primary point of contact within the executive branch for Congress, State and local governments, the private sector, and community leaders with respect to the alternatives to detention programs; and (II) in coordination with the executive departments, with respect to Congress, State and local governments, the private sector, and community leaders, manage information flow about, requests for actions relating to, and discussions on, such programs. (ii) Reports required (I) Monthly reports Not later than 30 days after the date on which the Coordinator is appointed, and every 30 days thereafter, the Coordinator shall submit a report to Congress that includes, for the reporting period— (aa) the number of individuals detained under the immigration laws— (AA) pending a decision on whether the individual is to be removed; and (BB) after the issuance of a removal order; (bb) an assessment whether any individual described in item (aa) is subject to the special rule under subsection (c)(2)(B); and (cc) the number of individuals participating in an alternatives to detention program established under subsection (a), disaggregated by the level of supervision of such individuals. (II) Annual reports Not later than 1 year after the date on which the Coordinator is appointed, and annually thereafter, the Coordinator shall submit a report to Congress that includes— (aa) guidance and requirements for referral and placement decisions in alternatives to detention programs; (bb) information on enrollment in alternatives to detention programs, disaggregated by field office; (cc) information on the length of enrollment in alternatives to detention programs, disaggregated by type of alternative to detention program; and (dd) information on the population enrolled in alternatives to detention programs, disaggregated by type of alternative to detention program and point of apprehension. (C) Duties of executive departments The heads of the executive departments shall— (i) respond promptly to any request by the Coordinator; (ii) consistent with applicable law, provide such information as the Coordinator considers necessary to carry out the mission of the Coordinator; and (iii) otherwise cooperate with the Coordinator to the maximum extent practicable to facilitate the performance of the mission described in subparagraph (A). (e) GAO study and report The Comptroller General of the United States shall— (1) conduct a study on the use and effectiveness of the alternatives to detention programs established pursuant to subsection (a); and (2) not later than 2 years after the date of the enactment of this Act, submit a report to Congress that contains the results of the study conducted pursuant to paragraph (1). 4. Savings provisions (a) Federal law Nothing in this Act may be construed to supersede or modify— (1) the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 et seq. ); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85–4544–RJK) (commonly known as the Flores Settlement Agreement ); (3) the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ); or (4) any applicable Federal child welfare law, including the Adoption and Safe Families Act of 1997 ( Public Law 105–89 ). (b) State law Nothing in this Act may be construed to supersede or modify any applicable State child welfare law. | https://www.govinfo.gov/content/pkg/BILLS-117s2795is/xml/BILLS-117s2795is.xml |
117-s-2796 | II 117th CONGRESS 1st Session S. 2796 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Ossoff (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for the eligibility of rural community response pilot programs for funding under the Comprehensive Opioid Abuse Grant Program, and for other purposes.
1. Short title This Act may be cited as the Rural Opioid Abuse Prevention Act . 2. Eligibility of rural community response pilot programs for funding under the Comprehensive Opioid Abuse Grant Program Section 3021 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10701 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (F), by striking and ; (B) in subparagraph (G), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (H) a pilot program for rural areas to implement community response programs that focus on presenting alternatives to incarceration and reducing opioid overdose deaths, as described in subsection (f). ; and (2) by adding at the end the following: (f) Rural pilot program The pilot program described under this subsection shall make grants to rural areas to implement community response programs to reduce opioid overdose deaths. Grants issued under this subsection shall be jointly operated by units of local government, in collaboration with public safety and public health agencies or public safety, public health and behavioral health collaborations. A community response program under this subsection shall identify gaps in community prevention, treatment, and recovery services for individuals who encounter the criminal justice system and shall establish treatment protocols to address identified shortcomings. The Attorney General, through the Office of Justice Programs, shall increase the amount provided as a grant under this section for a pilot program by no more than five percent for each of the two years following certification by the Attorney General of the submission of data by the rural area on the prescribing of schedules II, III, and IV controlled substances to a prescription drug monitoring program, or any other centralized database administered by an authorized State agency, which includes tracking the dispensation of such substances, and providing for interoperability and data sharing with each other such program (including an electronic health records system) in each other State, and with any interstate entity that shares information between such programs. . 3. Provision regarding certain funding level for rural communities Section 3024 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10704 ) is amended— (1) in paragraph (1) by striking and at the end; (2) in paragraph (2)(C) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) provides that not less than 10 percent of grants issued pursuant to this part shall be awarded to rural areas. . 4. Definition Section 3025 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10705 ) is amended by adding at the end the following: (9) The term rural area has the meaning given such term in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s2796is/xml/BILLS-117s2796is.xml |
117-s-2797 | II 117th CONGRESS 1st Session S. 2797 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Warner (for himself, Mr. Van Hollen , Mr. Warnock , Mr. Kaine , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To establish a program to provide low- and moderate-income first-time, first-generation homebuyers with access to affordable and sustainable wealth-building home loans.
1. Short title This Act may be cited as the Low-Income First-Time Homebuyers Act of 2021 or the LIFT Homebuyers Act of 2021 . 2. Wealth-building home loan program (a) Establishment of LIFT HOME funds (1) In general There is established in each Loan Guarantee Agency a fund to be known as the LIFT HOME Fund, into which amounts made available under this section shall be deposited and which shall be used by each Department for carrying out the purposes of this section. (2) Management of Fund The LIFT HOME Fund of each Loan Guarantee Agency shall be administered and managed by the respective Secretary, who shall establish reasonable and prudent criteria for the management and operation of any amounts in the Fund. (b) Use of funds (1) Transfer of amounts to Treasury Such portions of the amount made available to the Secretary of Housing and Urban Development under this section shall be transferred by the Secretary of Housing and Urban Development to the Department of the Treasury in an amount equal to, as determined by the Secretary of the Treasury, in consultation with the Secretary of Housing and Urban Development— (A) the amount the Secretary of the Treasury estimates to be necessary for the purchase of securities under the Program during the period for which the funds are intended to be available; (B) the difference between— (i) the Secretary of the Treasury’s receipts from the sale or other disposition of securities acquired under the Program; and (ii) the Secretary of the Treasury’s costs in purchasing such securities; and (C) the Department of the Treasury’s administrative expenses related to the Program. (2) Credit subsidy Such portion of the amount made available to each Secretary under this section as may be necessary may be used for the cost to the respective Loan Guarantee Agency of guaranteed loans under this section. Such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ). (c) Establishment of the LIFT HOME program Each Secretary shall establish, and carry out, with respect to any mortgage with a case number issued on or before December 31, 2025, that is subsequently insured or guaranteed by such Secretary, a program to make covered mortgage loans available to eligible homebuyers to purchase a single-family residence for use as their principal residence (referred to in this section as the Program ), under which— (1) the Secretary of the Treasury— (A) shall act as a purchaser, on behalf of the Secretary of Housing and Urban Development, of securities that are secured by covered mortgage loans; (B) may designate financial institutions, including banks, savings associations, trust companies, security brokers or dealers, asset managers, investment advisers, and other institutions and such institutions shall— (i) perform all reasonable duties related to this section as a financial agent of the United States as may be required; and (ii) be paid for such duties using appropriations available to the Secretary of the Treasury to reimburse financial institutions in their capacity as financial agents of the United States; (C) may use the services of any agency or instrumentality of the United States or component thereof on a reimbursable basis, and any such agency or instrumentality or component thereof is authorized to provide services as requested by the Secretary using all authorities vested in or delegated to that agency, instrumentality, or component; (D) may manage, and exercise any rights received in connection with, any financial instruments or assets purchased or acquired pursuant to the authorities granted under this section; (E) may establish and use vehicles to purchase, hold, and sell financial instruments and other assets; and (F) may issue such regulations and other guidance as may be necessary or appropriate to carry out the authorities or purposes of this section; (2) each Secretary of a Loan Guarantee Agency shall— (A) establish pricing terms for covered mortgage loans such that the covered mortgage loans carry a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and periodic mortgage insurance premium or loan guarantee fee associated with a newly originated 30-year mortgage loan with the same loan balance insured or guaranteed by the Loan Guarantee Agency as determined by each Secretary, or such pricing terms as are determined by each Secretary to be necessary to develop liquidity for securities backed by covered mortgage loans and expand Program participation by eligible homebuyers; and (B) establish an outreach and counseling program to increase stakeholder awareness of the Program; and (3) the Secretary of Housing and Urban Development shall— (A) in consultation with the Secretary of Treasury, establish the pricing terms for the purchase of securities guaranteed by the Association secured by covered mortgage loans such that the covered mortgage loans carry a monthly mortgage payment of principal and interest that is not more than 110 percent and not less than 100 percent of the monthly payment of principal, interest, and periodic mortgage insurance premium or loan guarantee fee associated with a newly originated 30-year mortgage loan with the same loan balance insured or guaranteed by the Loan Guarantee Agency, or such pricing terms as are determined by the Secretaries to be necessary to develop liquidity for securities backed by covered mortgage loans and expand Program participation by eligible homebuyers; (B) have the authority to designate mortgage bankers, financial institutions, including banks, savings associations, trust companies, security brokers or dealers, asset managers, investment advisers, and other institutions and such institutions shall— (i) perform all reasonable duties related to this section as an agent of the United States as may be required; and (ii) be paid for such duties using appropriations available under this section to the Secretary of Housing and Urban Development to reimburse these entities in their capacity as agents of the United States; (C) have the authority to use the services of any agency or instrumentality of the United States or component thereof on a reimbursable basis, and any such agency or instrumentality or component thereof is authorized to provide services as requested by the Secretary of Housing and Urban Development using all authorities vested in or delegated to that agency, instrumentality, or component; (D) operate the Program in coordination with the Association, the Federal Housing Administration, the Rural Housing Service, and the Secretary of the Treasury so as to demonstrate feasibility and workability to market participants, including— (i) originators and servicers of mortgages; (ii) issuers of mortgage-backed securities; and (iii) investors; and (E) gain price discovery experience by instructing the Secretary of the Treasury, following consultation with the Secretary of Treasury to sell acquired securities described in subparagraph (A) as soon as practicable, thereby hastening the development of liquidity for securities backed by covered mortgage loans. (3) GNMA guarantee authority To carry out the purposes of this section, the Association may enter into new commitments to issue guarantees of securities based on or backed by mortgages insured under this section. (4) GNMA guaranty fee To carry out the purposes of this section, the Association may collect guaranty fees consistent with section 306(g)(1) of the National Housing Act ( 12 U.S.C. 1721(g)(1) ) that are paid at securitization. (d) Definitions In this section: (1) Association The term Association means the Government National Mortgage Association. (2) Covered mortgage loan (A) In general The term covered mortgage loan means, for purposes of the Program established by the Secretary of Housing and Urban Development, a mortgage loan that— (i) is insured or guaranteed by the Federal Housing Administration pursuant to section 203(b) of the National Housing Act, subject to the eligibility criteria set forth in this subsection, and has a case number issued on or before December 31, 2025; (ii) is made for an original term of 20 years or for an original term determined by the Secretary to be necessary to develop liquidity for securities backed by covered mortgage loans and expand Program participation by eligible homebuyers; (iii) subject to subparagraph (C) of this paragraph and notwithstanding section 203(b)(2)(C) of the National Housing Act ( 12 U.S.C. 1709(b)(2)(C) ), has a mortgage insurance premium of not more than 4 percent of the loan balance that is paid at closing, financed into the principal balance of the loan, paid through an annual premium, or a combination thereof; (iv) involves a rate of interest that is fixed over the term of the mortgage loan; and (v) is secured by a single-family residence that is the principal residence of an eligible homebuyer. (B) The term covered mortgage loan means, for purposes of the Program established by the Secretary of Agriculture, a loan guaranteed under section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ) that— (i) notwithstanding section 502(h)(7)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(7)(A) ), is made for an original term of 20 years or for an original term determined by the Secretary to be necessary to develop liquidity for securities backed by covered mortgage loans and expand Program participation by eligible homebuyers; and (ii) subject to subparagraph (C) of this paragraph and notwithstanding section 502(h)(8)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(8)(A) ), has a loan guarantee fee of not more than 4 percent of the principal obligation of the loan. (C) Waiver of mortgage insurance premium requirement Each Secretary, in consultation with the Secretary of the Treasury, and notwithstanding section 502(h)(8)(A) of the Housing Act of 1949 ( 42 U.S.C. 1472(h)(8)(A) ) for purposes of the Program established by the Secretary of Agriculture, may waive the mortgage insurance premium cap or loan guarantee fee cap under subparagraphs (A)(iii) and (B)(ii) with respect to covered mortgage loans insured or guaranteed by the Loan Guarantee Agency of which that Secretary is the head if necessary to protect the solvency of the associated insurance fund. (3) Department Unless otherwise specified, the term Department means the Department of Housing and Urban Development or the Department of Agriculture, as appropriate. (4) Eligible homebuyer The term eligible homebuyer means an individual who— (A) for purposes of the Program established by the Secretary of Housing and Urban Development— (i) has an annual household income that is less than or equal to— (I) 120 percent of median income for the area, as determined by the Secretary of Housing and Urban Development for— (aa) the area in which the home to be acquired using such assistance is located; or (bb) the area in which the place of residence of the homebuyer is located; or (II) if the homebuyer is acquiring an eligible home that is located in a high-cost area, 140 percent of the median income, as determined by the Secretary, for the area within which the eligible home to be acquired using assistance provided under this section is located; (ii) is a first-time homebuyer, as defined in paragraph (6) of this subsection; and (iii) is a first-generation homebuyer as defined in paragraph (5) of this subsection; (B) for purposes of the Program established by the Secretary of Agriculture— (i) meets the applicable requirements in section 502(h) of the Housing Act of 1949 ( 42 U.S.C. 1472(h) ); and (ii) is a first-time homebuyer as defined in paragraph (6) of this subsection and a first-generation homebuyer as defined in paragraph (5) of this subsection. (5) First-generation homebuyer The term first-generation homebuyer means a homebuyer that, as attested by the homebuyer, is— (A) an individual— (i) whose living parents or legal guardians do not, to the best of the individual’s knowledge, have any present fee simple ownership interest in a principal residence in any State, excluding ownership of heir property; (ii) if no parents or legal guardians are living upon acquisition of the eligible home to be acquired using such assistance, to the best of the individual’s knowledge, whose parents or legal guardians did not have any ownership interest in a principal residence in any State at the time of their death, excluding ownership of heir property; and (iii) whose spouse, or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any present ownership interest in a principal residence in any State, excluding ownership of heir property, whether the individual is a co-borrower on the loan or not; or (B) an individual who has at any time been placed in foster care or institutional care whose spouse or domestic partner has not, during the 3-year period ending upon acquisition of the eligible home to be acquired using such assistance, had any ownership interest in a principal residence in any State, excluding ownership of heir property, whether such individuals are co-borrowers on the loan or not. (6) First-time homebuyer The term first-time homebuyer means a homebuyer as defined in section 104 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12704 ), except that ownership of heir property shall not be treated as owning a home for purposes of determining whether a borrower qualifies as a first-time homebuyer. (7) Heir property The term heir property means residential property for which title passed by operation of law through intestacy and is held by two or more heirs as tenants in common. (8) Loan guarantee agency Unless otherwise specified, the term Loan Guarantee Agency means the Federal Housing Administration of the Department of Housing and Urban Development or the Rural Housing Service of the Department of Agriculture, as appropriate. (9) Secretary Unless otherwise specified, the term Secretary means the Secretary of Housing and Urban Development or the Secretary of Agriculture, as appropriate. (e) Reliance on borrower attestations No additional documentation beyond the borrower’s attestation shall be required to demonstrate eligibility under paragraph (4) of subsection (e) and no State, eligible entity, or creditor shall be subject to liability, including monetary penalties or requirements to indemnify a Federal agency or repurchase a loan that has been sold or securitized, based on the provision of assistance under this section to a borrower who does not meet the eligibility requirements under paragraph (4) of subsection (e) if the creditor does so in good faith reliance on borrower attestations of eligibility required under such paragraph. (f) Implementation The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Treasury shall have authority to issue such regulations or other notices, guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary of Housing and Urban Development and the Secretary of Agriculture such sums as may be necessary to carry out the LIFT HOME Program. | https://www.govinfo.gov/content/pkg/BILLS-117s2797is/xml/BILLS-117s2797is.xml |
117-s-2798 | II 117th CONGRESS 1st Session S. 2798 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Crapo (for himself, Mr. Luján , Mr. Risch , Ms. Rosen , Mr. Booker , Ms. Cortez Masto , Mr. Bennet , Ms. Hassan , Mr. Heinrich , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Radiation Exposure Compensation Act to improve compensation for workers involved in uranium mining, and for other purposes.
1. Short title This Act may be cited as the Radiation Exposure Compensation Act Amendments of 2021 . 2. References Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note). 3. Extension of fund Section 3(d) is amended— (1) by striking the first sentence and inserting The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2021 . ; and (2) by striking 22-year and inserting 19-year . 4. Claims relating to atmospheric testing (a) Leukemia claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific Section 4(a)(1)(A) is amended— (1) in clause (i)— (A) in subclause (I), by striking October 31, 1958 and inserting November 6, 1962 ; (B) in subclause (II)— (i) by striking in the affected area and inserting in an affected area ; and (ii) by striking or after the semicolon; (C) by redesignating subclause (III) as subclause (V); and (D) by inserting after subclause (II) the following: (III) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; or (IV) was physically present in an affected area— (aa) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or ; and (2) in clause (ii)(I), by striking physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) and inserting physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V) . (b) Amounts for claims related to leukemia Section 4(a)(1) is amended— (1) in subparagraph (A), by striking an amount and inserting the amount ; and (2) by striking subparagraph (B) and inserting the following: (B) Amount If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000. . (c) Conditions for claims related to leukemia Section 4(a)(1)(C) is amended— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) Specified diseases claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific Section 4(a)(2) is amended— (1) in subparagraph (A)— (A) by striking in the affected area and inserting in an affected area ; (B) by striking 2 years and inserting 1 year ; and (C) by striking October 31, 1958 and inserting November 6, 1962 ; (2) in subparagraph (B)— (A) by striking in the affected area and inserting in an affected area ; and (B) by striking or at the end; (3) by redesignating subparagraph (C) as subparagraph (E); and (4) by inserting after subparagraph (B) the following: (C) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; or (D) was physically present in an affected area— (i) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (ii) for the period beginning on April 25, 1962, and ending on November 6, 1962; or . (e) Amounts for claims related to specified diseases Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking $50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), and inserting $150,000 . (f) Medical Benefits Section 4(a) is amended by adding at the end the following: (5) Medical Benefits An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384t ). . (g) Downwind States Section 4(b)(1) is amended to read as follows: (1) affected area means— (A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; (B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and (C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam. . (h) Chronic lymphocytic leukemia as a specified disease Section 4(b)(2) is amended by striking other than chronic lymphocytic leukemia and inserting including chronic lymphocytic leukemia . 5. Claims relating to uranium mining (a) Employees of mines and mills Section 5(a)(1)(A)(i) is amended— (1) by inserting (I) after (i) ; (2) by striking December 31, 1971; and and inserting December 31, 1990; or ; and (3) by adding at the end the following: (II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and . (b) Miners Section 5(a)(1)(A)(ii)(I) is amended by inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after nonmalignant respiratory disease . (c) Millers, core drillers, and ore transporters Section 5(a)(1)(A)(ii)(II) is amended— (1) by inserting , core driller, after was a miller ; (2) by inserting , or was involved in remediation efforts at such a uranium mine or uranium mill, after ore transporter ; (3) by inserting (I) after clause (i) ; and (4) by striking all that follows nonmalignant respiratory disease and inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or . (d) Combined work histories Section 5(a)(1)(A)(ii) is further amended— (1) by striking or at the end of subclause (I); and (2) by adding at the end the following: (III) (aa) does not meet the conditions of subclause (I) or (II); (bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter; (cc) meets the requirements of paragraph (4) or (5), or both; and (dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb); . (e) Dates of operation of uranium mine Section 5(a)(2)(A) is amended by striking December 31, 1971 and inserting December 31, 1990 . (f) Special rules relating to combined work histories Section 5(a) is amended by adding at the end the following: (4) Special rule relating to combined work histories for individuals with at least one year of experience An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). (5) Special rule relating to combined work histories for miners An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4) . . (g) Definition of Core driller Section 5(b) is amended— (1) by striking and at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ; and ; and (3) by adding at the end the following: (9) the term core driller means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium. . 6. Expansion of use of affidavits in determination of claims; regulations (a) Affidavits Section 6(b) is amended by adding at the end the following: (3) Affidavits (A) Employment History For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit— (i) is provided in addition to other material that may be used to substantiate the employment history of the individual; (ii) attests to the employment history of the individual; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (B) Physical Presence in Affected Area For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period; (ii) attests to the individual’s presence in an affected area during that period; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (C) Participation at Testing Site For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. . (b) Technical and conforming amendments Section 6 is amended— (1) in subsection (b)(2)(C), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (ii) in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 ; and (B) in subparagraph (B), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E) ; and (3) in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 . (c) Regulations (1) In general Section 6(k) is amended by adding at the end the following: Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 , the Attorney General shall issue revised regulations to carry out this Act. . (2) Considerations in revisions In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act ( Public Law 101–426 ; 42 U.S.C. 2210 note), as amended under paragraph (1), the Attorney General shall ensure that procedures with respect to the submission and processing of claims under such Act take into account and make allowances for the law, tradition, and customs of Indian tribes, including by accepting as a record of proof of physical presence for a claimant a grazing permit, a homesite lease, a record of being a holder of a post office box, a letter from an elected leader of an Indian tribe, or a record of any recognized tribal association or organization. 7. Limitation on claims (a) Extension of filing time Section 8(a) is amended— (1) by striking 22 years and inserting 19 years ; and (2) by striking 2000 and inserting 2021 . (b) Resubmittal of claims Section 8(b) is amended to read as follows: (b) Resubmittal of claims (1) Denied claims After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 , any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2021 shall not be applied to the limitation under the preceding sentence. (2) Previously successful claims (A) In general After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 , any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain— (i) the claimant’s name, social security number, and date of birth; (ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 ; (iii) any additional benefits and compensation sought through such request; and (iv) any additional information required by the Attorney General. (B) Additional Compensation If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 and submits a request under subparagraph (A) , the Attorney General shall— (i) pay the claimant the amount that is equal to any excess of— (I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2021 ); minus (II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2021 ; and (ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5). . 8. Grant program on epidemiological impacts of uranium mining and milling (a) Definitions In this section— (1) the term institution of higher education has the meaning given under section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ); (2) the term program means the grant program established under subsection (b); and (3) the term Secretary means the Secretary of Health and Human Services. (b) Establishment The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers. (c) Administration The Secretary shall administer the program through the National Institute of Environmental Health Sciences. (d) Eligibility and application Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2022 through 2024. 9. Energy Employees Occupational Illness Compensation Program (a) Covered employees with cancer Section 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(9) ) is amended by striking subparagraph (A) and inserting the following: (A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if— (i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or (ii) that individual— (I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and (II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990. . (b) Members of Special Exposure Cohort Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384q ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees— (A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and (B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received. ; and (2) by striking subsection (b) and inserting the following: (b) Designation of additional members (1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. (2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. . | https://www.govinfo.gov/content/pkg/BILLS-117s2798is/xml/BILLS-117s2798is.xml |
117-s-2799 | II 117th CONGRESS 1st Session S. 2799 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To eliminate unnecessary spending by Federal agencies, and for other purposes.
1. Short title This Act may be cited as the Prime Cancel Unnecessary Transactions and Spending Act or the Prime CUTS Act . 2. Requirements for Executive agency spending at the end of a fiscal year (a) Definitions In this section: (1) Covered period The term covered period means the 2-month period immediately preceding the end of a fiscal year. (2) Discretionary appropriations The term discretionary appropriations has the meaning given the term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ). (3) Executive agency The term Executive agency has the meaning given the term in section 105 of title 5, United States Code. (b) Requirements for executive agency spending at the end of a fiscal year (1) In general Except as provided in paragraph (3), the amount of discretionary appropriations obligated by an Executive agency during each month of a covered period may not exceed the average monthly amount of discretionary appropriations obligated by the Executive agency during the 10-month period immediately preceding the covered period. (2) Report Not later than 60 days after the end of each fiscal year, each Executive agency shall submit to Congress and post on a publicly available website an itemized list of discretionary appropriations obligated by the Executive agency during the covered period immediately preceding the date on which the report is submitted. (3) Exception This section shall not apply with respect to any discretionary appropriations obligated by an Executive agency for national security-related activities. 3. Authority of Department of Defense to consolidate infrastructure distribution centers to improve effectiveness and efficiency of supply chain and inventory management (a) In general The Secretary of Defense may consolidate infrastructure, including warehouses, at the distribution centers of the Department of Defense to improve the effectiveness and efficiency of the supply chain and inventory management of the Department to support the needs of the Armed Forces and reduce costs. (b) Plan (1) In general Not later than 60 days before implementing any consolidation under subsection (a), the Secretary shall submit to Congress a plan for such consolidation. (2) Elements Any plan submitted under paragraph (1) with respect to consolidation under subsection (a) shall include the following: (A) An estimate of the cost savings of such consolidation. (B) An itemized description of how such cost savings are expected to be spent. (C) A list of the specific facilities that will be subject to closure or disposal under such consolidation. (D) With respect to each facility subject to closure or disposal under such consolidation, an explanation of how the closure or disposal of the facility will increase the efficiency or enhance the functioning of the supply chain of the Department. (E) A certification that the overall effectiveness of the supply chain of the Department will not be compromised or hindered by such consolidation. 4. Coin metal modernization authorization and cost savings (a) Saving federal funds by authorizing changes to the composition of circulating coins Section 5112 of title 31, United States Code, is amended by adding at the end the following: (x) Composition of circulating coins (1) In general Notwithstanding any other provision of law, and subject to the other provisions of this subsection, the Director of the United States Mint (referred to in this subsection as the Director ), in consultation with the Secretary, may modify the metallic composition of circulating coins to a new metallic composition (including by prescribing reasonable manufacturing tolerances with respect to those coins) if a study and analysis conducted by the United States Mint, including solicitation of input, including input on acceptor tolerances and requirements, from industry stakeholders who could be affected by changes in the composition of circulating coins, indicates that the modification will— (A) reduce costs incurred by the taxpayers of the United States; (B) be seamless, which shall mean the same diameter and weight as United States coinage being minted on the date of enactment of this subsection and that the coins will work interchangeably in most coin acceptors using electromagnetic signature technology; and (C) have as minimal an adverse impact as possible on the public and stakeholders. (2) Notification to Congress On the date that is at least 90 legislative days before the date on which the Director begins making a modification described in paragraph (1), the Director shall submit to Congress notice that— (A) provides a justification for the modification, including the support for that modification in the study and analysis required under paragraph (1) with respect to the modification; (B) describes how the modification will reduce costs incurred by the taxpayers of the United States; (C) certifies that the modification will be seamless, as described in paragraph (1)(B); and (D) certifies that the modification will have as minimal an adverse impact as possible on the public and stakeholders. (3) Congressional authority The Director may begin making a modification proposed under this subsection not earlier than the date that is 90 legislative days after the date on which the Director submits to Congress the notice required under paragraph (2) with respect to that modification, unless Congress, during the period of 90 legislative days beginning on the date on which the Director submits that notice— (A) finds that the modification is not justified in light of the information contained in that notice; and (B) enacts a joint resolution of disapproval of the proposed modification. (4) Procedures For purpose of paragraph (3)— (A) a joint resolution of disapproval is a joint resolution the matter after the resolving clause of which is as follows: That Congress disapproves the modification submitted by the Director of the United States Mint. ; and (B) the procedural rules in the House of Representatives and the Senate for a joint resolution of disapproval described under paragraph (3) shall be the same as provided for a joint resolution of disapproval under chapter 8 of title 5. . (b) Determination of budgetary effects The budgetary effects of this section, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this section, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 5. Termination of taxpayer financing of Presidential election campaigns (a) Termination of designation of income tax payments Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Termination This section shall not apply to taxable years beginning after December 31, 2020. . (b) Termination of fund and account (1) Termination of Presidential election campaign fund (A) In general Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: 9013. Termination The provisions of this chapter shall not apply with respect to any Presidential election (or any Presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election. . (B) Transfer of remaining funds Section 9006 of such Code is amended by adding at the end the following new subsection: (d) Transfer of funds remaining after termination The Secretary shall transfer the amounts in the fund as of the date of the enactment of this subsection to the general fund of the Treasury, to be used only for reducing the deficit. . (2) Termination of account Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: 9043. Termination The provisions of this chapter shall not apply to any candidate with respect to any Presidential election after the date of the enactment of this section. . (c) Clerical amendments (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9013. Termination. . (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Termination. . 6. Prohibitions; public relations and advertising spending (a) Definitions In this section: (1) Advertising The term advertising means the placement of messages in media that are intended to inform or persuade an audience, including placement in television, radio, a magazine, a newspaper, digital media, direct mail, a tangible product, an exhibit, or a billboard. (2) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (3) Mascot The term mascot — (A) means an individual, animal, or object adopted by an agency as a symbolic figure to represent the agency or the mission of the agency; and (B) includes a costumed character. (4) Public relations The term public relations means communications by an agency that are directed to the public, including activities dedicated to maintaining the image of the governmental unit or maintaining or promoting understanding and favorable relations with the community or the public. (5) Return on investment The term return on investment means, with respect to the public relations and advertising spending by an agency, a positive return in achieving agency or program goals relative to the investment in advertising and marketing materials. (6) Swag The term swag — (A) means a tangible product or merchandise distributed at no cost with the sole purpose of advertising or promoting an agency, organization, or program; (B) includes blankets, buttons, candy, clothing, coloring books, cups, fidget spinners, hats, holiday ornaments, jar grip openers, keychains, koozies, magnets, neckties, snuggies, stickers, stress balls, stuffed animals, thermoses, tote bags, trading cards, and writing utensils; and (C) does not include— (i) an item presented as an honorary or informal recognition award related to the Armed Forces of the United States, such as a challenge coin or medal issued for sacrifice or meritorious service; (ii) a brochure or pamphlet purchased or distributed for informational purposes; or (iii) an item distributed for diplomatic purposes, including a gift for a foreign leader. (b) Prohibitions Except as provided in subsection (d), and unless otherwise expressly authorized by law— (1) an agency or other entity of the Federal Government may not use Federal funds to purchase or otherwise acquire or distribute swag; and (2) an agency or other entity of the Federal Government may not use Federal funds to manufacture or use a mascot to promote an agency, organization, program, or agenda. (c) Public relations and advertising spending Each agency shall, as part of the annual budget justification submitted to Congress, report on the public relations and advertising spending of the agency for the preceding fiscal year, which may include an estimate of the return on investment for the agency. (d) Exceptions (1) Swag Subsection (b)(1) shall not apply with respect to— (A) an agency program that supports the mission and objectives of the agency that is initiating the public relations or advertising spending, provided that the spending generates a positive return on investment for the agency; (B) recruitment relating to— (i) enlistment or employment with the Armed Forces; or (ii) employment with the Federal Government; or (C) an item distributed by the Bureau of the Census to assist the Bureau in conducting a census of the population of the United States. (2) Mascots Subsection (b)(2) shall not apply with respect to— (A) a mascot that is declared the property of the United States under a provision of law, including under section 2 of Public Law 93–318 ( 16 U.S.C. 580p–1 ); or (B) a mascot relating to the Armed Forces of the United States. (e) Regulations Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue regulations to carry out this section. 7. Prohibition on use of Federal funds for certain transit and rail projects Notwithstanding any other provision of law, the Secretary of Transportation shall not provide any new assistance for a transit or rail project if— (1) the overall cost projection to complete the project exceeds the original cost projection by at least $1,000,000,000; and (2) the operational and administrative costs of the service provided by the project are projected to exceed the revenues generated from ridership annually over the next decade. | https://www.govinfo.gov/content/pkg/BILLS-117s2799is/xml/BILLS-117s2799is.xml |
117-s-2800 | II 117th CONGRESS 1st Session S. 2800 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Ms. Duckworth (for herself, Mr. Durbin , Mrs. Feinstein , Mr. Van Hollen , Mrs. Shaheen , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to support community college and industry partnerships, and for other purposes.
1. Short title This Act may be cited as the Community College to Career Fund in Higher Education Act . 2. Community college to career fund Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a et seq. ) is amended by adding at the end the following: BB Community college to career fund 899. Community college and industry partnerships grant program (a) Definitions In this section: (1) WIOA definitions The terms career pathway , integrated education and training , individual with a barrier to employment , industry or sector partnership , in-demand industry sector or occupation , and recognized postsecondary credential have the meanings given to such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (2) Community college The term community college means an institution of higher education that is— (A) a degree-granting public institution of higher education at which the highest degree that is predominantly awarded to students is an associate degree; (B) a 2-year Tribal College or University, as defined in section 316; or (C) at the designation of the Secretary, a branch campus, college, or similarly defined and structured academic entity within a public 4-year institution of higher education at which the highest degree that is predominantly awarded to students is an associate degree and that is in existence as of the date of enactment of the Community College to Career Fund in Higher Education Act . (3) Education and workforce training program The term education and workforce training program — (A) means a career pathway program, or a program that utilizes integrated education and training strategies, that leads to a recognized postsecondary credential; and (B) includes a registered apprenticeship program, on-the-job training program, or paid internship, if the program or internship meets the requirements of subparagraph (A). (4) Eligible entity The term eligible entity means a community college, or a consortium of community colleges, that— (A) is part of an industry or sector partnership, or is working directly with an industry or sector partnership for purposes of a grant under this section; and (B) may, for purposes of a grant under this section and in addition to the industry or sector partnership described in subparagraph (A), partner with one or more of the following: (i) An eligible provider, as defined in section 203 of the Adult Education and Family Literacy Act ( 29 U.S.C. 3272 ). (ii) An institution of higher education, as defined in section 101 or 102(c). (iii) An elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965. (5) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ), that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations or any successor regulations. (6) Secretaries The term Secretaries means the Secretary of Education and the Secretary of Labor, acting jointly in accordance with the interagency agreement described in subsection (h). (b) Grants authorized (1) In general Not later than the last day of the first full fiscal year following the date of enactment of the Community College to Career Fund in Higher Education Act and from funds appropriated under subsection (g), the Secretaries shall award competitive grants to eligible entities to enable the eligible entities to carry out education and workforce training programs or activities described in subsection (e). (2) Duration of grants A grant awarded under this section shall be for a period of not more than 5 years, subject to subsection (f)(3). (c) Application An eligible entity desiring a grant under this section shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries determine is required. The application shall contain— (1) a grant proposal for each education and workforce training program or activity to be supported under the grant that includes a detailed description of— (A) the specific education and workforce training program or activity that will be supported, and the quality of the program or activity; (B) the extent to which the program or activity aligns with— (i) an overall strategic plan developed by the eligible entity in collaboration with an industry or sector partnership and, if applicable, other partner organizations; (ii) a statewide, regional, or local workforce development strategy, including strategies established under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3201 et seq. ) and the Carl D. Perkins Career and Technical Education Act of 2006; and (iii) in-demand industry sectors or occupations; (C) quantitative data and evidence that demonstrates the extent to which the program or activity to be supported will meet the needs of employers in the area for skilled workers in in-demand industry sectors or occupations; (D) the extent to which the program or activity to be supported will meet the needs of students in the area; (E) how the program or activity to be supported meets the criteria established under subsection (d), including the manner in which the grant will be used to develop, offer, improve, or provide the program or activity; and (F) any previous experience of the eligible entity in successfully providing education and workforce training programs or activities, the absence of which shall not automatically disqualify an eligible entity from receiving a grant under this section; and (2) (A) a detailed description of how the eligible entity will ensure that any education and workforce training programs or activities supported under the grant will meet the performance measures described in subsection (f); and (B) an assurance that the entity will annually submit to the Secretaries information on the performance of each education and workforce training program or activity supported under the grant, in the context of the performance measures described in subsection (f). (d) Criteria for award (1) In general Grants under this section shall be awarded based on criteria established by the Secretaries that shall include, at a minimum, the following: (A) A determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide an education and workforce training program or activity to be made available to students. (B) An assessment of the likely employment opportunities available in the area to individuals who complete an education and workforce training program or activity that the eligible entity proposes to develop, offer, improve, or provide under the grant, based on State or local labor market data. (2) Priority In awarding grants under this section, the Secretaries shall give priority to eligible entities that— (A) are working with an industry or sector partnership that prioritizes facilitating the hiring of individuals who have obtained a recognized postsecondary credential from the education and workforce training programs or activities offered by the eligible entity; (B) are focused on serving individuals with barriers to employment or other historically underrepresented students, such as veterans, spouses of members of the Armed Forces, or incumbent workers who need to increase their employability skills; (C) serve areas with high unemployment rates; or (D) commit to increasing access to education and workforce training programs or activities that meet the needs of employers in in-demand industry sectors or occupations. (e) Use of funds An eligible entity receiving a grant under this section shall use grant funds for 1 or more of the following: (1) The development, offering, improvement, or provision of 1 or more education and workforce training programs or activities leading to recognized postsecondary credentials that will meet the needs of employers in in-demand industry sectors or occupations. (2) The development and implementation of policies, programs, or activities that expand opportunities for students to earn a recognized postsecondary credential in in-demand industry sectors or occupations, including by— (A) facilitating the transfer of academic credits between community colleges and public 4-year institutions of higher education in the State, including the transfer of academic credits for courses in the same field or program of study; (B) expanding articulation agreements and policies that guarantee transfers between such institutions described in subparagraph (A), including through common course numbering and use of general core curriculum; (C) developing or enhancing student support service programs or activities; and (D) establishing policies and processes for assessing and awarding postsecondary credit for prior learning or work-based learning (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006). (3) The creation or alignment of career pathways that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including programs or activities that— (A) integrate education and training; (B) facilitate means of transitioning participants from noncredit occupational, basic skills, or developmental coursework to for-credit coursework within and across community colleges; (C) build or enhance linkages between secondary education or adult education and literacy programs (including those programs established under the Carl D. Perkins Career and Technical Education Act of 2006 or the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3201 et seq. )) and community colleges, including the development of dual or concurrent enrollment programs; or (D) are designed to increase the provision of workforce training for students, including students who are members of the Armed Forces (including members of the National Guard or Reserves) and veterans, in order to facilitate their entry into high-skill, high-wage jobs or in-demand industry sectors or occupations. (4) Carrying out the academic portion of a registered apprenticeship program or other education and workforce training program, which may include funding to support a student’s cost of attendance as defined under section 472. (f) Performance measures (1) In general The Secretaries shall establish performance measures for the education and workforce training programs and activities supported under this section, which shall consist of— (A) the primary indicators of performance, as described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(i) ); and (B) a level of performance for each indicator described in subparagraph (A). (2) Monitoring progress The Secretaries shall— (A) monitor the progress of eligible entities that receive grants under this section to ensure their education and workforce training programs or activities supported under this section meet the performance measures established under paragraph (1); and (B) annually publish a report regarding the progress of such programs or activities in meeting the performance measures, including the results for each performance measure disaggregated by— (i) race and ethnicity; (ii) income (iii) age intervals; (iv) sex; and (v) Federal Pell Grant recipient status. (3) Satisfactory progress The Secretaries shall not continue to provide funds under a grant under this section after the third year of the grant period unless the eligible entity has achieved satisfactory progress toward meeting the levels of performance on the performance measures, as determined by the Secretaries. (g) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section such sums as may be necessary. (2) Administrative cost Not more than 5 percent of the amounts made available under paragraph (1) for a fiscal year may be used by the Secretaries for the Federal administration of the program under this section, including providing technical assistance and carrying out evaluations. (3) Period of availability Funds appropriated under paragraph (1) for a fiscal year shall remain available for obligation for that fiscal year and the succeeding 4 fiscal years. (h) Interagency agreement Not later than 90 days after the date of enactment of the Community College to Career Fund in Higher Education Act , the Secretaries shall enter into a formal interagency agreement establishing the terms by which the Secretaries shall jointly administer the program under this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s2800is/xml/BILLS-117s2800is.xml |
117-s-2801 | II 117th CONGRESS 1st Session S. 2801 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Ms. Sinema (for herself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to improve the effectiveness of major rules in accomplishing their regulatory objectives by promoting retrospective review, and for other purposes.
1. Short title This Act may be cited as the Setting Manageable Analysis Requirements in Text Act of 2021 or the SMART Act of 2021 . 2. Incorporating retrospective review into new major rules (a) In general Subchapter II of chapter 5 of title 5, United States Code, is amended— (1) in section 551— (A) in paragraph (13), by striking ; and and inserting a semicolon; (B) in paragraph (14), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (15) Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget established under section 3503 of title 44 and any successor to that office; and (16) major rule means any rule that the Administrator finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. ; and (2) in section 553, by adding at the end the following: (f) Major rule frameworks (1) In general Beginning 180 days after the date of enactment of this subsection, when an agency publishes in the Federal Register— (A) a proposed major rule, the agency shall include a potential framework for assessing the major rule, which shall include a general statement of how the agency intends to measure the effectiveness of the major rule; or (B) a final major rule, the agency shall include a framework for assessing the major rule under paragraph (2), which shall include— (i) a statement of the regulatory objectives of the major rule, including a summary of the societal benefit and cost of the major rule; (ii) the methodology by which the agency plans to analyze the major rule, including metrics by which the agency can measure— (I) the effectiveness and benefits of the major rule in producing the regulatory objectives of the major rule; and (II) the effects and costs of the major rule on regulated and other affected entities; (iii) a plan for gathering data regarding the metrics described in clause (ii) on an ongoing basis, or at periodic times, including a method by which the agency will invite the public to participate in the review process and seek input from other agencies; and (iv) a specific time frame, as appropriate to the major rule and not more than 10 years after the effective date of the major rule, under which the agency shall conduct the assessment of the major rule in accordance with paragraph (2)(A). (2) Assessment (A) In general Each agency shall assess the data gathered under paragraph (1)(B)(iii), using the methodology set forth in paragraph (1)(B)(ii) or any other appropriate methodology developed after the issuance of a final major rule to determine whether the regulatory objective is being achieved— (i) to analyze how the actual benefits and costs of the major rule may have varied from those anticipated at the time the major rule was issued; and (ii) to determine whether— (I) the major rule is accomplishing the regulatory objective; (II) the major rule has been rendered unnecessary, taking into consideration— (aa) changes in the subject area affected by the major rule; and (bb) whether the major rule overlaps, duplicates, or conflicts with other rules or, to the extent feasible, State and local government regulations; (III) the major rule needs to be improved in order to accomplish the regulatory objective; and (IV) other alternatives to the major rule or a modification of the major rule could better achieve the regulatory objective while imposing a smaller burden on society or increase net benefits, taking into consideration any cost already incurred. (B) Different methodology If an agency uses a methodology other than the methodology set forth in paragraph (1)(B)(ii) to assess data under subparagraph (A), the agency shall include as part of the notice required under subparagraph (D) an explanation of the changes in circumstances that militated the use of that other methodology. (C) Subsequent assessments If, after an assessment of a major rule under subparagraph (A), an agency determines that the major rule will remain in effect with or without modification, the agency shall— (i) in consultation with the Administrator, include with the assessment produced under subparagraph (A) a list of circumstances or events that would necessitate a subsequent review in accordance with subparagraph (A) to ensure that the major rule continues to meet the regulatory objective; and (ii) develop a mechanism for the public to petition for a subsequent review of the major rule, which the head of the agency shall grant or deny. (D) Publication Not later than 180 days after the date on which an agency completes an assessment of a major rule under subparagraph (A), the agency shall publish a notice of availability of the results of the assessment in the Federal Register, including the specific circumstances or events that would necessitate a subsequent assessment of the major rule under subparagraph (C)(i). (3) Agency head responsibilities The head of each agency shall— (A) oversee the timely compliance of the agency with this subsection; and (B) ensure that the results of each assessment conducted under paragraph (2)(A) are— (i) published promptly on a centralized Federal website; and (ii) noticed in the Federal Register in accordance with paragraph (2)(D). (4) OMB oversight The Administrator shall— (A) issue guidance for agencies regarding the development of the framework under paragraph (1) and the conduct of the assessments under paragraph (2)(A); (B) encourage and assist agencies to streamline and coordinate the assessment of major rules with similar or related regulatory objectives; (C) exempt an agency from including the framework required under paragraph (1)(B) when publishing a final major rule, if the agency did not issue a notice of proposed rule making for the major rule in order to provide a timely response to an emergency or comply with a statutorily imposed deadline, in accordance with paragraph (6)(B); and (D) extend the deadline specified by an agency for an assessment of a major rule under paragraph (1)(B)(iv) or paragraph (2)(C)(i) for a period of not more than 90 days if the agency justifies why the agency is unable to complete the assessment by that deadline. (5) Rule of construction Nothing in this subsection may be construed to affect— (A) the authority of an agency to assess or modify a major rule of the agency earlier than the end of the time frame specified for the major rule under paragraph (1)(B)(iv); or (B) any other provision of law that requires an agency to conduct retrospective reviews of rules issued by the agency. (6) Applicability (A) In general This subsection shall not apply to— (i) a major rule of an agency— (I) that the Administrator reviewed before the date of enactment of this subsection; (II) for which the agency is required to conduct a retrospective review under— (aa) section 2222 of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 ( 12 U.S.C. 3311 ); (bb) section 170(d) of the Financial Stability Act of 2010 ( 12 U.S.C. 5370(d) ); or (cc) any other provision of law with requirements that the Administrator determines— (AA) include robust public participation; (BB) include significant agency consideration and analysis of whether the rule is achieving the regulatory objective of the rule; and (CC) meet, are substantially similar to, or exceed the requirements of this subsection; (III) for which the authorizing statute of the rule is subject to periodic authorization by Congress not less frequently than once every 10 years; or (IV) for which the authorizing statute of the rule requires the promulgation of a new or revised rule not less frequently than once every 10 years; or (ii) interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice. (B) Direct and interim final major rule In the case of a major rule for which the agency is not required to issue a notice of proposed rule making in response to an emergency or a statutorily imposed deadline, the agency shall publish the framework required under paragraph (1)(B) in the Federal Register not later than 6 months after the date on which the agency publishes the final major rule. (7) Judicial review (A) In general Judicial review of agency compliance with this subsection is limited to— (i) whether an agency published the framework for assessment of a major rule in accordance with paragraph (1); or (ii) whether an agency completed and published the required assessment or subsequent assessment of a major rule in accordance with subparagraphs (A), (C), and (D) of paragraph (2). (B) Remedy available In granting relief in an action brought under subparagraph (A), the court may only issue an order remanding the major rule to the agency to comply with paragraph (1) or subparagraph (A), (C), or (D) of paragraph (2), as applicable. (C) Effective date of major rule If, in an action brought under subparagraph (A)(i), a court determines that the agency did not comply, the major rule shall take effect notwithstanding any order issued by the court. (D) Administrator Any determination, action, or inaction of the Administrator shall not be subject to judicial review. . (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s2801is/xml/BILLS-117s2801is.xml |
117-s-2802 | II 117th CONGRESS 1st Session S. 2802 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To limit spending from the Highway Trust Fund, and for other purposes.
1. Short title This Act may be cited as the Balance the Highway Trust Fund Act . 2. Obligation limitation (a) General limitation Subject to subsection (d) and notwithstanding any other provision of law, for each fiscal year, the obligations for Federal-aid highway and highway safety construction programs shall not exceed the net highway receipts most recently estimated by the Secretary of the Treasury for that fiscal year under section 9503(d)(1)(B) of the Internal Revenue Code of 1986. (b) Distribution of obligation authority For each fiscal year, the Secretary of Transportation (referred to in this section as the Secretary )— (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 202 or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) shall determine the proportion that— (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs, less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned under sections 202 and 204 of title 23, United States Code) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (c) Redistribution of unused obligation authority Notwithstanding subsection (b), the Secretary shall, after August 1 of each fiscal year— (1) revise a distribution of the obligation authority made available under subsection (b) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 ( Public Law 112–141 )) and 104 of title 23, United States Code. (d) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation authority under subsection (b) for each fiscal year, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (b)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 3. Obligation limitation Section 5338 of title 49, United States Code, is amended by adding at the end the following: (i) Obligation limitation Notwithstanding subsection (a) or any other provision of law, for each fiscal year, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by subsection (a) and any other provision of law shall not exceed the net mass transit receipts most recently estimated for that fiscal year by the Secretary of the Treasury under section 9503(e)(4) of the Internal Revenue Code of 1986. . 4. Effective date This Act and the amendments made by this Act take effect October 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2802is/xml/BILLS-117s2802is.xml |
117-s-2803 | II 117th CONGRESS 1st Session S. 2803 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Lee (for himself, Mr. Cruz , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Transportation Empowerment Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. TITLE I—Highway funding Sec. 101. Authorization of appropriations. Sec. 102. Federalization and defederalization of projects. Sec. 103. Reporting requirements. Sec. 104. Funding limitation. Sec. 105. Reports; certification. TITLE II—Federal-aid highway program reforms Sec. 201. Definitions. Sec. 202. Federal-aid system. Sec. 203. Apportionment. Sec. 204. Additional deposits in Highway Trust Fund. Sec. 205. Project approval and oversight. Sec. 206. Standards. Sec. 207. Nationally significant freight and highway projects. Sec. 208. National highway performance program. Sec. 209. Federal share payable. Sec. 210. Emergency relief. Sec. 211. Transferability of Federal-aid highway funds. Sec. 212. Toll roads, bridges, tunnels, and ferries. Sec. 213. Railway-highway crossings. Sec. 214. Surface transportation block grant program. Sec. 215. Metropolitan transportation planning. Sec. 216. Control of junkyards. Sec. 217. Enforcement of requirements. Sec. 218. Public transportation. Sec. 219. Highway use tax evasion projects. Sec. 220. National bridge and tunnel inventory and inspection standards. Sec. 221. Carpool and vanpool projects. Sec. 222. Construction of ferry boats and ferry terminal facilities. Sec. 223. Highway safety improvement program. Sec. 224. Repeal of congestion mitigation and air quality improvement program. Sec. 225. National goals and performance measures. Sec. 226. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors. Sec. 227. Hazard elimination program. Sec. 228. National scenic byways program. Sec. 229. National highway freight program. Sec. 230. Recreational trails program. Sec. 231. Bicycle transportation and pedestrian walkways. Sec. 232. Alaska highway. Sec. 233. Conforming amendments. TITLE III—Highway Trust Fund and related taxes Subtitle A—Highway Trust Fund authority Sec. 301. Extension of Highway Trust Fund expenditure authority. Sec. 302. Termination of Mass Transit Account. Sec. 303. Transfer of unused COVID–19 appropriations to the Highway Trust Fund. Sec. 304. Termination of employee retention credit for employers subject to closure due to COVID–19. Sec. 305. Transfer of unused Coronavirus State and Local Fiscal Recovery Funds to the Highway Trust Fund. Subtitle B—Highway related taxes Sec. 311. Reduction in taxes on gasoline, diesel fuel, kerosene, and special fuels funding Highway Trust Fund. Sec. 312. Extension of highway-related taxes. 2. Findings and purposes (a) Findings Congress finds that— (1) the objective of the Federal highway program has been to facilitate the construction of a modern freeway system that promotes efficient interstate commerce by connecting all States; (2) the objective described in paragraph (1) has been attained, and the Interstate System connecting all States is near completion; (3) each State has the responsibility of providing an efficient transportation network for the residents of the State; (4) each State has the means to build and operate a network of transportation systems, including highways, that best serves the needs of the State; (5) each State is best capable of determining the needs of the State and acting on those needs; (6) the Federal role in highway transportation has, over time, usurped the role of the States by taxing motor fuels used in the States and then distributing the proceeds to the States based on the perceptions of the Federal Government on what is best for the States; (7) the Federal Government has used the Federal motor fuels tax revenues to force all States to take actions that are not necessarily appropriate for individual States; (8) the Federal distribution, review, and enforcement process wastes billions of dollars on unproductive activities; (9) Federal mandates that apply uniformly to all 50 States, regardless of the different circumstances of the States, cause the States to waste billions of hard-earned tax dollars on projects, programs, and activities that the States would not otherwise undertake; and (10) Congress has expressed a strong interest in reducing the role of the Federal Government by allowing each State to manage its own affairs. (b) Purposes The purposes of this Act are— (1) to provide a new policy blueprint to govern the Federal role in transportation once existing and prior financial obligations are met; (2) to return to the individual States maximum discretionary authority and fiscal responsibility for all elements of the national surface transportation systems that are not within the direct purview of the Federal Government; (3) to preserve Federal responsibility for the Dwight D. Eisenhower National System of Interstate and Defense Highways; (4) to preserve the responsibility of the Department of Transportation for— (A) design, construction, and preservation of transportation facilities on Federal public land; (B) national programs of transportation research and development and transportation safety; and (C) emergency assistance to the States in response to natural disasters; (5) to eliminate to the maximum extent practicable Federal obstacles to the ability of each State to apply innovative solutions to the financing, design, construction, operation, and preservation of Federal and State transportation facilities; and (6) with respect to transportation activities carried out by States, local governments, and the private sector, to encourage— (A) competition among States, local governments, and the private sector; and (B) innovation, energy efficiency, private sector participation, and productivity. I Highway funding 101. Authorization of appropriations (a) In general (1) Authorization of appropriations The following sums are authorized to be appropriated out of the Highway Trust Fund: (A) Federal-aid highway program For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, and the national highway freight program under section 167 of that title $18,450,000,000 for each of fiscal years 2022 through 2026. (B) Emergency relief For emergency relief under section 125 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026. (C) Federal lands programs (i) Federal lands transportation program For the Federal lands transportation program under section 203 of title 23, United States Code, $300,000,000 for each of fiscal years 2022 through 2026, of which— (I) $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service; and (II) $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service. (ii) Federal lands access program For the Federal lands access program under section 204 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026. (b) Funding for highway research and development program (1) Authorization of appropriations There is authorized to be appropriated out of the Highway Trust Fund to carry out section 503(b) of title 23, United States Code, $115,000,000 for each of fiscal years 2022 through 2026. (2) Applicability of title 23, United States Code Funds authorized to be appropriated by paragraph (1) shall— (A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act); and (B) remain available until expended and not be transferable. 102. Federalization and defederalization of projects Notwithstanding any other provision of law, beginning on October 1, 2021— (1) a highway construction or improvement project shall not be considered to be a Federal highway construction or improvement project unless and until a State expends Federal funds for the construction portion of the project; (2) a highway construction or improvement project shall not be considered to be a Federal highway construction or improvement project solely by reason of the expenditure of Federal funds by a State before the construction phase of the project to pay expenses relating to the project, including for any environmental document or design work required for the project; and (3) (A) a State may, after having used Federal funds to pay all or a portion of the costs of a highway construction or improvement project, reimburse the Federal Government in an amount equal to the amount of Federal funds so expended; and (B) after completion of a reimbursement described in subparagraph (A), a highway construction or improvement project described in that subparagraph shall no longer be considered to be a Federal highway construction or improvement project. 103. Reporting requirements No reporting requirement, other than a reporting requirement in effect as of the date of enactment of this Act, shall apply on or after October 1, 2021, to the use of Federal funds for highway projects by a public-private partnership. 104. Funding limitation Notwithstanding any other provision of law, if the Secretary of Transportation determines for any of fiscal years 2022 through 2026 that the aggregate amount required to carry out transportation programs and projects under this Act and the amendments made by this Act exceeds the estimated aggregate amount in the Highway Trust Fund available for those programs and projects for the fiscal year, each amount made available for that program or project shall be reduced by the pro rata percentage required to reduce the aggregate amount required to carry out those programs and projects to an amount equal to the amount available for those programs and projects in the Highway Trust Fund for the fiscal year. 105. Reports; certification (a) Report on existing obligations (1) In general The Director of the Office of Management and Budget (referred to in this section as the Director ), in consultation with the Secretary of Transportation, shall develop and submit to Congress a 5-year plan for the use of revenue deposited in the Highway Trust Fund to pay for unpaid obligations under Federal-aid highway programs (as in effect before the date of enactment of this Act) incurred before the date of enactment of this Act. (2) Requirement In developing the plan under paragraph (1), the Director shall, to the maximum extent practicable, balance payments for new Federal-aid highway projects with continued payment of unpaid obligations described in paragraph (1). (b) Annual reports Not less frequently than annually, the Director shall submit to Congress a report that includes— (1) a description of the remaining balance of unpaid obligations under Federal-aid highway programs (as in effect before the date of enactment of this Act) incurred before the date of enactment of this Act; and (2) a status update on the progress made toward achieving the goals of the 5-year plan developed under subsection (a). (c) Certification On the date that the Director determines that there are no remaining unpaid obligations under Federal-aid highway programs (as in effect before the date of enactment of this Act) incurred before the date of enactment of this Act, the Director shall submit to Congress a certification that there are no such remaining unpaid obligations. II Federal-aid highway program reforms 201. Definitions Section 101(a) of title 23, United States Code, is amended— (1) by striking paragraph (6) and inserting the following: (6) Federal-aid highway The term Federal-aid highway means a highway on the Interstate System eligible for assistance under this chapter. ; (2) in paragraph (12), by striking section 103(c) and inserting section 103(b) ; (3) by striking paragraph (16); and (4) by redesignating paragraphs (17) through (34) as paragraphs (16) through (33), respectively. 202. Federal-aid system (a) In general Section 103(a) of title 23, United States Code, is amended by striking the National Highway System, which includes . (b) Conforming amendments (1) Section 103 of title 23, United States Code, is amended— (A) by striking the section designation and heading and inserting the following: 103. Federal-aid system ; (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). (2) Section 127(f) of title 23, United States Code, is amended by striking section 103(c)(4)(A) and inserting section 103(b)(4)(A) . (3) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 103 and inserting the following: 103. Federal-aid system. . 203. Apportionment Section 104 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general There is authorized to be appropriated from the Highway Trust Fund for each of fiscal years 2022 through 2026, to be made available to the Secretary for administrative expenses of the Federal Highway Administration, an amount equal to 1 percent of the amounts made available for programs under this title for the fiscal year. ; and (B) in paragraph (2)(B), by striking the Appalachian development highway system and inserting the portions of the Appalachian Development Highway System on the Interstate System ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking the congestion mitigation and air quality improvement program, the national highway freight program, and to carry out section 134 and inserting and the national highway freight program ; (B) in each of paragraphs (1), (2), and (3), by striking paragraphs (4), (5), and (6) and inserting paragraph (4) ; (C) by striking paragraph (4); (D) by redesignating paragraph (5) as paragraph (4); (E) in paragraph (4) (as so redesignated)— (i) by striking subparagraph (B) and inserting the following: (B) Total amount The total amount set aside for the national highway freight program for all States shall be 3.5 percent of the amounts made available for programs under this title for each of fiscal years 2022 through 2026. ; and (ii) by striking subparagraph (D); and (F) by striking paragraph (6); (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; (ii) in subparagraph (A)— (I) by striking clause (i) and inserting the following: (i) the base apportionment; by ; and (II) in clause (ii)(I), by striking fiscal year 2015 and inserting fiscal year 2021 ; and (iii) in subparagraph (B), by striking (other than the Mass Transit Account) ; and (B) in paragraph (2)— (i) by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (ii) by striking the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, and to carry out section 134 and inserting and the national highway freight program under section 167 ; (4) by striking subsections (d) and (h); (5) by redesignating subsections (e) through (g) as subsections (d) through (f), respectively; (6) by striking subsection (e) (as so redesignated) and inserting the following: (e) Transferability of funds (1) In general To the extent that a State determines that funds made available under this title to the State for a purpose are in excess of the needs of the State for that purpose, the State may transfer the excess funds to, and use the excess funds for, any surface transportation (including public transportation and rail) purpose in the State. (2) Enforcement If the Secretary determines that a State has transferred funds under paragraph (1) to a purpose that is not a surface transportation purpose as described in paragraph (1), the amount of the improperly transferred funds shall be deducted from any amount the State would otherwise receive from the Highway Trust Fund for the fiscal year that begins after the date of the determination. ; and (7) by striking subsection (i) and inserting the following: (g) Base apportionment defined In this section, the term base apportionment means the combined amount authorized for appropriation for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, and the national highway freight program under section 167. . 204. Additional deposits in Highway Trust Fund (a) In general Section 105 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 105. 205. Project approval and oversight Section 106 of title 23, United States Code, is amended— (1) in subsection (c)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general For any project under this title, the State may assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspections with respect to the project, unless the Secretary determines that the assumption is not appropriate. ; and (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (2) in subsection (d), in the matter preceding paragraph (1), by striking this section, section 133, or section 149 and inserting this section or section 133 ; (3) in subsection (e)(2)— (A) in subparagraph (A), by striking the National Highway System and inserting the Interstate System ; and (B) in subparagraph (B), by striking the National Highway System and inserting the Interstate System ; and (4) in subsection (h)(3)(C), in the second sentence, by striking statewide and metropolitan planning requirements in sections 134 and 135 and inserting statewide planning requirements under section 135 . 206. Standards (a) In general Section 109 of title 23, United States Code, is amended— (1) by striking subsection (c); (2) by redesignating subsections (d) through (n) as subsections (c) through (m), respectively; (3) by striking subsection (o); (4) by redesignating subsections (p) through (r) as subsections (n) through (p), respectively; and (5) in subsection (n) (as so redesignated), in the matter preceding paragraph (1), by striking Notwithstanding subsections (b) and (c), the Secretary may approve a project for the National Highway System and inserting Notwithstanding subsection (b), the Secretary may approve a project for the Interstate System . (b) Technical and conforming amendments Section 112 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2)(F), by striking (F)(F) Subparagraphs (B), (C), (D), and (E) herein and inserting the following: (F) Limitation Subparagraphs (B) through (E) ; and (B) in paragraph (4)(C)(iv)(II), by striking section 109(r) and inserting section 109(p) ; and (2) in subsection (g)(2)(B), by striking section 109(e)(2) and inserting section 109(d)(2) . 207. Nationally significant freight and highway projects Section 117 of title 23, United States Code, is amended— (1) by striking subsection (d) and inserting the following: (d) Eligible projects Except as provided in subsection (e), the Secretary may make a grant under this section only for a project that— (1) is— (A) a highway freight project carried out on the National Highway Freight Network established under section 167; (B) a highway or bridge project carried out on the Interstate System, including a project to add capacity to the Interstate System to improve mobility; or (C) a railway-highway grade crossing or grade separation project on the Interstate System; and (2) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of— (A) $100,000,000; and (B) in the case of a project— (i) located in 1 State, 30 percent of the amount apportioned under this chapter to the State in the most recently completed fiscal year; or (ii) located in more than 1 State, 50 percent of the amount apportioned under this chapter to the participating State with the largest apportionment under this chapter in the most recently completed fiscal year. ; (2) in subsection (e)(1), by striking described in subsection (d)(1)(A) that do not satisfy the minimum threshold under subsection (d)(1)(B) and inserting described in subsection (d)(1) that do not satisfy the minimum threshold under subsection (d)(2) ; (3) by striking subsections (k) and (l); (4) by redesignating subsections (m) and (n) as subsections (k) and (l), respectively; and (5) in paragraph (1) of subsection (k) (as so redesignated)— (A) by striking subparagraph (B); and (B) in subparagraph (A)— (i) in the first sentence, by striking At least 60 days and inserting Not less than 60 days ; and (ii) in the second sentence, by striking The notification and inserting the following: (B) Inclusions Each notification under subparagraph (A) . 208. National highway performance program Section 119 of title 23, United States Code, is amended— (1) in subsection (b), by striking the National Highway System each place it appears and inserting the Interstate System ; (2) in subsection (c), by striking the National Highway System, as defined in section 103 and inserting the Interstate System ; (3) in subsection (d)— (A) by striking the National Highway System each place it appears and inserting the Interstate System ; (B) in paragraph (1)(B), by striking sections 134 and 135 and inserting section 135 ; and (C) in paragraph (2)— (i) by striking subparagraphs (F) through (H); (ii) by redesignating subparagraphs (I) through (L) as subparagraphs (F) through (I), respectively; and (iii) by striking subparagraphs (M) through (P); (4) in subsection (e), by striking the National Highway System each place it appears and inserting the Interstate System ; (5) in subsection (f)— (A) in the subsection heading, by striking and NHS ; and (B) in paragraph (2)— (i) in the paragraph heading, by striking NHS and inserting Interstate System ; and (ii) by striking the National Highway System each place it appears and inserting the Interstate System ; (6) by striking subsections (g) through (i); and (7) by redesignating subsection (j) as subsection (g). 209. Federal share payable Section 120 of title 23, United States Code, is amended— (1) by striking subsection (b); (2) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively; (3) in subsection (b) (as so redesignated)— (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2) (as so redesignated)— (i) in subparagraph (A), in the matter preceding clause (i), by striking paragraph (1), (2), (5)(D), or (6) of section 104(b) and inserting paragraph (1) or (2) of section 104(b) ; and (ii) in subparagraph (C)(i), by striking paragraphs (1), (2), (5)(D), and (6) of section 104(b) and inserting paragraphs (1) and (2) of section 104(b) ; (4) in subsection (c) (as so redesignated), in the first sentence, by striking lands referred to in subsections (a) and (b) of this section and inserting land referred to in subsection (a) ; (5) in subsection (d) (as so redesignated), in the matter preceding paragraph (1)— (A) by striking , including the Interstate System, ; and (B) by striking subsections (a) and (b) and inserting subsection (a) ; (6) by striking subsection (g); and (7) by redesignating subsections (h) through (k) as subsections (g) through (j), respectively. 210. Emergency relief Section 125 of title 23, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking highways, roads, and trails, and inserting highways on the Interstate System ; (2) in subsection (c)(1), by striking (other than the Mass Transit Account) ; (3) in subsection (d)— (A) in paragraph (3)(C), by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act ) after subsection (e)(1) ; and (B) by striking paragraph (5); (4) by striking subsections (e) and (f); and (5) by redesignating subsection (g) as subsection (e). 211. Transferability of Federal-aid highway funds (a) In general Section 126 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 126. 212. Toll roads, bridges, tunnels, and ferries (a) In general Section 129 of title 23, United States Code, is amended— (1) by striking subsections (b) and (c); (2) in subsection (a)— (A) by striking (a) Basic program .— ; and (B) by redesignating paragraphs (1) through (10) as subsections (a) through (j), respectively, and indenting appropriately; (3) in subsection (a) (as so redesignated)— (A) by striking subparagraphs (B) and (F); (B) by redesignating subparagraphs (A), (C), (D), (E), (G), (H), and (I) as paragraphs (1) through (7), respectively, and indenting appropriately; (C) in paragraph (1) (as so redesignated), by inserting on the Interstate System after tunnel each place it appears; (D) in paragraph (3) (as so redesignated), by inserting on the Interstate System after tunnel each place it appears; (E) in paragraph (4) (as so redesignated), by inserting on the Interstate System after tunnel each place it appears; (F) in paragraph (6) (as so redesignated), by inserting on the Interstate System after tunnel ; and (G) in paragraph (7), by striking this paragraph and inserting this subsection ; (4) in subsection (b) (as so redesignated)— (A) in the matter preceding subparagraph (A), by striking this subsection and inserting this section ; and (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; (5) in subsection (c) (as so redesignated)— (A) by redesignating subparagraphs (A) through (C) as paragraphs (1) through (3), respectively, and indenting appropriately; (B) in paragraph (1) (as so redesignated), by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and indenting appropriately; (C) in paragraph (2) (as so redesignated)— (i) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (ii) in subparagraph (A) (as so redesignated), by striking subparagraph (A) and inserting paragraph (1) ; and (D) in paragraph (3) (as so redesignated), by striking subparagraph (A) each place it appears and inserting paragraph (1) ; (6) in subsection (d) (as so redesignated)— (A) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; and (B) in paragraph (2) (as so redesignated), by striking this paragraph and inserting this subsection ; (7) in subsection (e) (as so redesignated), by striking paragraph (1) and inserting subsection (a) ; (8) in subsection (f) (as so redesignated), by striking paragraph (3) and inserting subsection (c) ; (9) in subsection (g) (as so redesignated)— (A) by redesignating subparagraphs (A) through (I) as paragraphs (1) through (9), respectively, and indenting appropriately; (B) by striking this paragraph each place it appears and inserting this subsection ; (C) in paragraph (1) (as so redesignated), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (D) in paragraph (8) (as so redesignated), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (10) in subsection (j) (as so redesignated)— (A) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively, and indenting appropriately; (B) in the matter preceding paragraph (1) (as so redesignated), by striking this subsection and inserting this section ; (C) in paragraph (2) (as so redesignated), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and (D) in paragraph (5) (as so redesignated), by striking this subsection and inserting this section . (b) Conforming amendments (1) Section 165(c)(6)(A) of title 23, United States Code, is amended— (A) by striking clause (iii); and (B) by redesignating clauses (iv) through (vii) as clauses (iii) through (vi), respectively. (2) Section 166(c)(2) of title 23, United States Code, is amended by striking section 129(a)(3) and inserting section 129(c) . (3) Section 9 of the International Bridge Act of 1972 ( 33 U.S.C. 535f ) is amended in the second sentence by striking section 129(a)(3) and inserting section 129(c) . 213. Railway-highway crossings (a) In general Section 130 of title 23, United States Code, is repealed. (b) Conforming amendments (1) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 130. (2) Section 409 of title 23, United States Code, is amended by striking sections 130, 144, and 148 and inserting sections 144 and 148 . 214. Surface transportation block grant program (a) In general Section 133 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraphs (B), (C), and (E); (ii) by redesignating subparagraphs (D) and (F) as subparagraphs (B) and (C), respectively; (iii) in subparagraph (A), by inserting that are on the Interstate System after title 40 ; (iv) in subparagraph (B) (as so redesignated)— (I) by inserting on the Interstate System after improvements ; and (II) by inserting and after the semicolon at the end; and (v) in subparagraph (C) (as so redesignated), by inserting that are on the Interstate System before the period at the end; (B) by striking paragraphs (3), (5), (6), (7), (11), (13), and (15); (C) by redesignating paragraphs (4), (8), (9), (10), (12), and (14) as paragraphs (3) through (8), respectively; (D) in paragraph (3) (as so redesignated), by striking and transit safety infrastructure improvements and programs, including railway-highway grade crossings and inserting safety infrastructure improvements and programs on the Interstate System ; (E) in paragraph (4) (as so redesignated), by striking the National Highway System and a performance-based management program for other public roads and inserting the Interstate System ; (F) in paragraph (5) (as so redesignated), by inserting on the Interstate System before the period at the end; (G) in paragraph (6) (as so redesignated), by inserting with respect to the Interstate System before the period at the end; (H) in paragraph (7) (as so redesignated), by inserting on the Interstate System before the period at the end; and (I) in paragraph (8) (as so redesignated), by striking and chapter 53 of title 49 ; (2) by striking subsection (c) and inserting the following: (c) Location of projects A project under this section may only be carried out on a road on the Interstate System. ; (3) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking (after the reservation of funds under subsection (h)) ; and (ii) in subparagraph (A), in the matter preceding clause (i), by striking paragraph (6) and inserting paragraph (5) ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; (D) in paragraph (4) (as so redesignated), by striking sections 134 and 135 and inserting section 135 ; and (E) in paragraph (5) (as so redesignated), by striking is and all that follows through the period at the end and inserting is 55 percent for each of fiscal years 2022 through 2026. ; (4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (5) by striking subsections (f) through (i). (b) Conforming amendment Section 165(c)(7) of title 23, United States Code, is amended by striking paragraphs (1) through (4) of section 133(c) and section 133(b)(12) and inserting section 133(b)(7) . 215. Metropolitan transportation planning (a) In general Section 134 of title 23, United States Code, is repealed. (b) Conforming amendments (1) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 134. (2) Section 2864(f)(2) of title 10, United States Code, is amended by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act ) after title 23 . (3) Section 108(d)(5)(A) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . (4) Section 135 of title 23, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by striking Subject to section 134, to accomplish the objectives stated in section 134(a) and inserting To accomplish the objectives stated in section 134(a) (as in effect on the day before the date of enactment of the Transportation Empowerment Act ) ; and (ii) in paragraph (3), by inserting (as in effect on the day before the date of enactment of the Transportation Empowerment Act ) after section 134(a) ; (B) in subsection (b)(1), by striking with the transportation planning activities carried out under section 134 for metropolitan areas of the State and ; (C) in subsection (f)— (i) in paragraph (2)— (I) by striking subparagraph (A); and (II) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; (ii) by striking paragraph (4); (iii) in paragraph (6), by striking paragraph (5) and inserting paragraph (4) ; and (iv) by redesignating paragraphs (5) through (9) as paragraphs (4) through (8), respectively; (D) in subsection (g)— (i) in paragraph (2)— (I) by striking subparagraph (A); and (II) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (ii) in paragraph (3), by striking ,, and inserting a comma; (iii) in paragraph (6)(B), by striking 5310, 5311, 5316, and 5317 and inserting 5310 and 5311 ; and (iv) in paragraph (8), by striking and section 134 ; (E) in subsection (i), by striking apportioned under paragraphs (5)(D) and (6) of section 104(b) of this title and ; (F) in subsection (j), by striking and section 134 each place it appears; and (G) by adding at the end the following: (n) Definitions In this section, the definitions under section 134(b) (as in effect on the day before the date of enactment of the Transportation Empowerment Act ) shall apply. . (5) Section 137 of title 23, United States Code, is amended— (A) by striking subsection (e); and (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (6) Section 166 of title 23, United States Code, is amended by striking subsection (g). (7) Section 168(a)(3) of title 23, United States Code, is amended by striking metropolitan or statewide transportation planning under section 134 or 135, respectively and inserting statewide transportation planning under section 135 . (8) Section 201(c)(1) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . (9) Section 327(a)(2)(B)(iv)(I) of title 23, United States Code, is amended by striking 134 or . (10) Section 505 of title 23, United States Code, is amended— (A) in subsection (a)(2)— (i) by striking metropolitan and ; and (ii) by striking sections 134 and 135 and inserting section 135 ; and (B) in subsection (b)(2), by striking sections 134 and 135 and inserting section 135 . (11) Section 602(a)(3) of title 23, United States Code, is amended by striking sections 134 and 135 and inserting section 135 . (12) Section 174 of the Clean Air Act ( 42 U.S.C. 7504 ) is amended— (A) in the fourth sentence of subsection (a), by striking the metropolitan planning organization designated to conduct the continuing, cooperative and comprehensive transportation planning process for the area under section 134 of title 23, United States Code, ; (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). (13) Section 176(c) of the Clean Air Act ( 42 U.S.C. 7506(c) ) is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking the second sentence; (B) in paragraph (7)(A), in the matter preceding clause (i), by striking section 134(i) of title 23, United States Code, or ; and (C) in paragraph (9)— (i) by striking section 134(i) of title 23, United States Code, or ; and (ii) by striking under section 134(j) of such title 23 or . (14) Section 182(c)(5) of the Clean Air Act ( 42 U.S.C. 7511a(c)(5) ) is amended— (A) by striking (A) Beginning and inserting Beginning ; and (B) in the last sentence by striking and with the requirements of section 174(b) . (15) Section 5304(i) of title 49, United States Code, is amended— (A) by striking sections 134 and 135 each place it appears and inserting section 135 ; and (B) by striking this this and inserting this . 216. Control of junkyards Section 136 of title 23, United States Code, is amended— (1) in subsection (a), by striking and the primary system ; (2) in subsection (b), in the first sentence— (A) by striking and the primary system ; and (B) by striking paragraphs (1) through (6) of section 104(b) and inserting paragraphs (1) through (4) of section 104(b) ; (3) in subsection (g), by striking and the primary system ; (4) in subsection (k), by striking interstate and primary systems and inserting Interstate System ; and (5) by striking subsection (n). 217. Enforcement of requirements Section 141 of title 23, United States Code, is amended— (1) in subsection (a), in the first sentence, by striking the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System and inserting the Interstate System ; and (2) in subsection (b)(2), by striking paragraphs (1) through (6) of section 104(b) and inserting paragraphs (1) through (4) of section 104(b) . 218. Public transportation (a) In general Section 142 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (2); (B) in the second sentence, by striking If fees and inserting the following: (2) Rate If fees ; and (C) by striking (a)(1) To encourage and inserting the following: (a) Construction of facilities (1) In general To encourage ; (2) by striking subsections (d), (g), (h), and (i); (3) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (4) in subsection (d) (as so redesignated)— (A) by striking of this section each place it appears; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (b) Conforming amendment Section 156(a) of title 23, United States Code, is amended by striking section 142(f) and inserting section 142(e) . 219. Highway use tax evasion projects Section 143(b)(2)(A) of title 23, United States Code, is amended by striking each of fiscal years 2016 through 2020 and inserting each of fiscal years 2022 through 2026 . 220. National bridge and tunnel inventory and inspection standards Section 144 of title 23, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by striking highway bridges and tunnels of the United States and inserting bridges on the Interstate System ; (B) in subparagraph (B), by striking highway bridges and tunnels and inserting bridges on the Interstate System ; and (C) in subparagraph (E), by striking National Highway System bridges and bridges on all public roads and inserting bridges on the Interstate System ; (2) in subsection (b)— (A) in paragraph (1), by striking all highway bridges on public roads, on and off Federal-aid highways, and inserting all bridges on the Interstate System, ; and (B) in paragraph (2), by striking all tunnels on public roads, on and off Federal-aid highways, and inserting all tunnels on the Interstate System, ; (3) in subsection (d)— (A) by striking paragraphs (2) and (4); and (B) by redesignating paragraph (3) as paragraph (2); (4) in subsection (e)(1), by inserting on the Interstate System after any bridge ; (5) in subsection (f)(1), in the matter preceding subparagraph (A), by inserting on the Interstate System after any bridge ; (6) in subsection (g)— (A) in paragraph (1), by inserting on the Interstate System after any bridge ; and (B) in paragraph (3), by striking bridges on and off Federal-aid highways and inserting bridges on the Interstate System ; (7) in subsection (h)— (A) in paragraph (1)(A), by striking highway bridges and tunnels and inserting bridges and tunnels on the Interstate System ; (B) in paragraph (2), by striking highway each place it appears and inserting Interstate System ; and (C) in paragraph (3)(B)(i), by striking highway bridges and inserting Interstate System bridges ; (8) in subsection (i)(1), by striking highway bridge and inserting Interstate System bridge ; and (9) in subsection (j)— (A) in paragraph (3)(B), by striking a transportation improvement program under section 134(j) or a statewide transportation improvement program under section 135, as applicable and inserting a statewide transportation improvement program under section 135 ; and (B) in paragraph (4)(A), by striking sections 134 and 135 and inserting section 135 . 221. Carpool and vanpool projects (a) In general Section 146 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 146. 222. Construction of ferry boats and ferry terminal facilities (a) In general Section 147 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 147. 223. Highway safety improvement program Section 148 of title 23, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking roadway functionally classified as a rural major or minor collector or a rural local road and inserting road on the Interstate System ; (B) in paragraph (2), by striking all public roads and inserting all roads on the Interstate System ; (C) in paragraph (4)— (i) in subparagraph (A), in the matter preceding clause (i), by striking on a public road and inserting on the Interstate System ; and (ii) in subparagraph (B)— (I) in clause (iii), by striking , if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities ; (II) by striking clauses (v), (xviii), (xix), (xxiii), (xxvi), (xxvii), and (xxviii); (III) by redesignating clauses (vi) through (xvii), (xx) through (xxii), (xxiv), and (xxv) as clauses (v) through (xxi), respectively; and (IV) in clause (xix) (as so redesignated), by inserting on the Interstate System after improvements ; (D) in paragraph (9)(A), by striking a public road and inserting the Interstate System ; and (E) in paragraph (11)(D), by striking all public roads, including non-State-owned public roads and roads on tribal land and inserting all roads on the Interstate System, including non-State owned roads on the Interstate System and roads on the Interstate System on tribal land ; (2) in subsection (b)(2), by striking all public roads, including non-State-owned public roads and roads on tribal land and inserting all roads on the Interstate System, including non-State owned roads on the Interstate System and roads on the Interstate System on tribal land ; (3) in subsection (c)(2)— (A) in subparagraph (A)(i), by striking all public roads, including non-State-owned public roads and roads on tribal land in the State and inserting all roads on the Interstate System, including non-State owned roads on the Interstate System and roads on the Interstate System on tribal land in the State ; (B) in subparagraph (B)(iii), by striking all public roads and inserting all roads on the Interstate System ; (C) in subparagraph (C)(i), by striking all public roads and inserting all roads on the Interstate System ; and (D) in subparagraph (D)— (i) in clause (ii), by striking all public roads, including public non-State-owned roads and roads on tribal land and inserting all roads on the Interstate System, including non-State owned roads on the Interstate System and roads on the Interstate System on tribal land ; (ii) in clause (iii), by striking all public roads and inserting all roads on the Interstate System ; and (iii) in clause (v), by striking all public roads in the State and inserting all roads on the Interstate System in the State ; (4) in subsection (d)(1)(B)— (A) in clause (iv), by striking rural roads, including all public roads, and inserting roads on the Interstate System in rural areas ; and (B) in clause (viii), by striking all public roads, including non-State-owned public roads and roads on tribal land and inserting all roads on the Interstate System, including non-State owned roads on the Interstate System and roads on the Interstate System on tribal land ; (5) in subsection (e)(1)— (A) in subparagraph (A), by striking on any public road or publicly owned bicycle or pedestrian pathway or trail and inserting on any road on the Interstate System ; and (B) in subparagraph (C), by striking a public road and inserting a road on the Interstate System ; (6) in subsection (f)(1)(B), by striking all public roads each place it appears and inserting all roads on the Interstate System ; (7) in subsection (h)(1)(C), by striking all public roads each place it appears and inserting all roads on the Interstate System ; (8) in subsection (i)(2)(D), by striking safety safety and inserting safety ; (9) in subsection (j), by striking sections 120 and 130 and inserting section 120 ; and (10) by striking subsection (k). 224. Repeal of congestion mitigation and air quality improvement program (a) In general Section 149 of title 23, United States Code, is repealed. (b) Conforming amendments (1) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 149. (2) Section 322(h)(3) of title 23, United States Code, is amended by striking and the congestion mitigation and air quality improvement program under section 149 . (3) Section 505(a)(3) of title 23, United States Code, is amended by striking 149, . 225. National goals and performance measures Section 150 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking all public roads and inserting all roads on the Interstate System ; and (B) in paragraph (3), by striking National Highway System and inserting Interstate System ; (2) in subsection (c)— (A) in paragraph (3)(A)(ii), by striking subclauses (II) through (V) and inserting the following: (II) the condition of bridges on the Interstate System; and (III) the performance of the Interstate System; ; (B) by striking paragraph (5); and (C) by redesignating paragraph (6) as paragraph (5); (3) in subsection (d)(1), by striking (5), and (6) and inserting and (5) ; and (4) in subsection (e), by striking National Highway System each place it appears and inserting Interstate System . 226. National electric vehicle charging and hydrogen, propane, and natural gas fueling corridors Section 151(a) of title 23, United States Code, is amended by striking major national highways and inserting the Interstate System . 227. Hazard elimination program (a) In general Section 152 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 152. 228. National scenic byways program Section 162(a)(2) of title 23, United States Code, is amended by inserting , subject to the condition that the road is a road on the Interstate System before the period at the end. 229. National highway freight program Section 167 of title 23, United States Code, is amended— (1) in subsection (d)(2)— (A) in subparagraph (A), by striking subparagraph (E) and inserting subparagraphs (E) and (F) ; and (B) by adding at the end the following: (F) Requirement In redesignating the primary highway freight system under subparagraph (A), the Administrator shall ensure that all roads on the primary highway freight system are roads on the Interstate System. ; (2) in subsection (e)(1), in the matter preceding subparagraph (A)— (A) by striking a public road and inserting a road on the Interstate System ; and (B) by striking the public road and inserting the road ; (3) in subsection (f), by striking public road each place it appears and inserting road on the Interstate System ; (4) in subsection (i)— (A) by striking section 104(b)(5) each place it appears and inserting section 104(b)(4) ; (B) in paragraph (5)— (i) by striking subparagraph (B); (ii) by redesignating subparagraph (C) as subparagraph (B); and (iii) in subparagraph (C) (as so redesignated)— (I) by striking clauses (vi), (xi), (xiv), (xviii), (xxii), and (xxiii); and (II) by redesignating clauses (vii) through (x), (xii) and (xiii), (xv) through (xvii), and (xix) through (xxi) as clauses (vi) through (xvii), respectively; (C) in paragraph (6)— (i) in the matter preceding subparagraph (A), by striking for and all that follows through the necessary costs in subparagraph (B) in the matter preceding clause (i) and inserting for the necessary costs ; and (ii) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively, and indenting appropriately; and (D) in paragraph (7), by striking sections 134 and 135 and inserting section 135 ; (5) in subsection (k)(1)(A)(ii), by striking ports-of and inserting ports of ; and (6) by striking subsection (l). 230. Recreational trails program (a) In general Section 206 of title 23, United States Code, is repealed. (b) Conforming amendments (1) Section 325 of title 23, United States Code, is amended— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 206. 231. Bicycle transportation and pedestrian walkways (a) In general Section 217 of title 23, United States Code, is repealed. (b) Conforming amendments (1) Section 1524(a) of MAP–21 ( 23 U.S.C. 206 note; Public Law 112–141 ) is amended by striking sections 162, 206, 213, and 217 and inserting section 162 . (2) The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 217. 232. Alaska highway (a) In general Section 218 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 218. 233. Conforming amendments (a) Control of outdoor advertising Section 131(t) of title 23, United States Code, is amended by striking , and any highway which is not on such system but which is on the National Highway System . (b) Elimination of Mass Transit Account (1) Section 102(b) of title 23, United States Code, is amended in the first sentence by striking (other than the Mass Transit Account) . (2) Section 118(a) of title 23, United States Code, is amended by striking (other than the Mass Transit Account) . (3) Section 156(a) of title 23, United States Code, is amended by striking (other than the Mass Transit Account) . (4) Section 321 of title 23, United States Code, is amended by striking (other than the Mass Transit Account) . (5) Section 323(b)(1) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by striking (other than the Mass Transit Account) . (6) Section 521(b)(10) of title 49, United States Code, is amended by striking (other than the Mass Transit Account) . (7) Section 6308 of title 49, United States Code, is amended by striking (other than the Mass Transit Account) . (8) Section 31104(g) of title 49, United States Code, is amended by striking (other than the Mass Transit Account) . (9) Section 31110(d) of title 49, United States Code, is amended by striking (other than the Mass Transit Account) . (10) Section 31138(d)(5) of title 49, United States Code, is amended by striking (other than the Mass Transit Account) . (11) Section 31139(g)(5) of title 49, United States Code, is amended by striking (other than the Mass Transit Account) . (c) National Highway System repeal Section 111(d)(1) of title 23, United States Code, is amended in the first sentence by striking the National Highway System and inserting the Interstate System . III Highway Trust Fund and related taxes A Highway Trust Fund authority 301. Extension of Highway Trust Fund expenditure authority (a) Highway Trust Fund Section 9503 of the Internal Revenue Code of 1986 is amended— (1) by striking October 1, 2021 in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting October 1, 2026 , and (2) by striking Continuing Appropriations Act, 2021 and Other Extensions Act in subsections (c)(1) and (e)(3) and inserting Transportation Empowerment Act . (b) Sport Fish Restoration and Boating Trust Fund Section 9504 of such Code is amended— (1) by striking Continuing Appropriations Act, 2021 and Other Extensions Act each place it appears in subsection (b)(2) and inserting Transportation Empowerment Act , and (2) by striking October 1, 2021 in subsection (d)(2) and inserting October 1, 2026 . (c) Leaking Underground Storage Tank Trust Fund Section 9508(e)(2) of such Code is amended by striking October 1, 2021 and inserting October 1, 2026 . 302. Termination of Mass Transit Account Section 9503(e) of the Internal Revenue Code of 1986 is amended— (1) in the first sentence of paragraph (2), by inserting , and before October 1, 2021 after March 31, 1983 , and (2) by adding at the end the following: (6) Transfer to Highway Account On the date on which Director of the Office of Management and Budget submits the certification under section 105(c) of the Transportation Empowerment Act , the Secretary shall transfer all amounts in the Mass Transit Account to the Highway Account. . 303. Transfer of unused COVID–19 appropriations to the Highway Trust Fund (a) Economic injury disaster loan subsidy (1) Rescission Of the unobligated balances from amounts made available under the heading Small Business Administration—Disaster Loans Program Account in title II of division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ), $13,500,000,000 are hereby transferred to the Highway Trust Fund. (2) Designation The amount transferred pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Targeted EIDL advance (1) Of the unobligated balances from amounts made available under the heading Small Business Administration—Targeted EIDL Advance in section 323(d)(1)(D) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), $17,578,000,000 are hereby transferred to the Highway Trust Fund. (2) The unobligated balances from amounts made available in section 5002(b) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ) are hereby transferred to the Highway Trust Fund. (c) Economic stabilization program Of the unobligated balances from amounts made available in section 4027(a) of the Coronavirus Aid, Relief, and Economic Security Act ( 15 U.S.C. 9601 ), $1,366,100,000 are hereby transferred to the Highway Trust Fund. (d) Business loans program account (1) Of the unobligated balances from amounts made available under the heading Small Business Administration—Business Loans Program Account, CARES Act in section 1107(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), as amended by section 101(a)(2) of division A of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ), and in section 323(d)(1)(A) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) for carrying out paragraphs (36) and (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), $4,684,000,000 are hereby transferred to the Highway Trust Fund. (2) Of the unobligated balances from amounts made available under the heading Small Business Administration—Business Loans Program Account in section 323(d)(1)(F) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), $992,000,000 are hereby transferred to the Highway Trust Fund. (e) Pandemic relief for aviation workers, Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Of the unobligated balances from amounts made available in section 4120 of the Coronavirus Aid, Relief, and Economic Security Act ( 15 U.S.C. 9080 ), $3,000,000,000 are hereby transferred to the Highway Trust Fund. (f) Education stabilization fund (1) Rescission Of the unobligated balances from amounts made available under the heading Education Stabilization Fund in title VIII of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) and in title III of division M of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) that were reserved for the Higher Education Emergency Relief Fund by sections 18004(a)(1) and 18004(a)(2) of division B of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) and sections 314(a)(1), 314(a)(2), and 314(a)(4) of division M of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), $353,400,000 are hereby transferred to the Highway Trust Fund. (2) Designation The amount transferred pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. (g) Small business administration, salaries and expenses (1) Rescission Of the unobligated balances from amounts made available under the heading Small Business Administration—Salaries and Expenses in section 1107(a)(2) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), in title II of division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ), and in section 323(d)(1)(C) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), $175,000,000 are hereby transferred to the Highway Trust Fund. (2) Designation The amount transferred pursuant to paragraph (1) that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 is designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. (h) Pandemic relief for aviation workers Of the unobligated balances from amounts made available in section 411 of subtitle A of title IV of division N of the Consolidated Appropriations Act, 2021 ( 15 U.S.C. 9101 ), $200,000,000 are hereby transferred to the Highway Trust Fund. (i) Conforming amendment Section 9503(f) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (11) as paragraph (12) and by inserting after paragraph (10) the following new paragraph: (11) Transfer of unused COVID–19 appropriations There is hereby transferred to the Highway Trust Fund the amounts described in subsections (a) through (h) of section 303 of the Transportation Empowerment Act. . 304. Termination of employee retention credit for employers subject to closure due to COVID–19 (a) Termination of credit (1) In general Section 3134 of the Internal Revenue Code of 1986 is amended— (A) in subsection (c)(5)— (i) in subparagraph (A), by adding and at the end, (ii) in subparagraph (B), by striking , and at the end and inserting a period, and (iii) by striking subparagraph (C), and (B) in subsection (n), by striking January 1, 2022 and inserting October 1, 2021 (or, in the case of wages paid by an eligible employer which is a recovery startup business, January 1, 2022) . (2) Effective date The amendments made by this subsection shall apply to calendar quarters beginning after September 30, 2021. (b) Transfers of savings to the highway trust fund Section 9503(f) of the Internal Revenue Code of 1986, as amended by section 303(i), is further amended by redesignating paragraph (12) as paragraph (13) and by inserting after paragraph (11) the following new paragraph: (12) Savings from termination of employee retention credit for employers subject to closure due to COVID–19 There are hereby appropriated to the Highway Trust Fund amounts equivalent to savings achieved as a result of the amendments made by section 304 of the Transportation Empowerment Act, as estimated by the Secretary. . 305. Transfer of unused Coronavirus State and Local Fiscal Recovery Funds to the Highway Trust Fund (a) Transfer of funds (1) In general Of the unobligated balances of the amounts appropriated under sections 602(a) and 603(a) of the Social Security Act ( 42 U.S.C. 802(a) , 803(a)) as of the date of enactment of this Act, $70,000,000,000 are hereby transferred to the Highway Trust Fund. (2) Apportionment In carrying out paragraph (1), the Secretary of the Treasury shall transfer the funds specified in such paragraph from the unobligated balances of the amounts appropriated under sections 602(a)(1) and 603(a) of such Act in equal proportion to the greatest extent practicable. (b) Conforming amendments (1) Coronavirus state fiscal recovery fund Section 602(b)(4) of the Social Security Act ( 42 U.S.C. 802(b)(4) ) is amended to read as follows: (4) Adjustment authority The amounts otherwise determined for allocation and payment under paragraphs (1), (2), and (3)— (A) shall be adjusted by the Secretary on a pro rata basis to the extent necessary to carry out the transfer of funds required under section 305(a) of the Transportation Empowerment Act; and (B) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are allocated to States, territories, and Tribal governments in accordance with the requirements specified in each such paragraph (as applicable). . (2) Coronavirus local fiscal recovery fund Section 603(b)(5) of the Social Security Act ( 42 U.S.C. 803(b)(5) ) is amended to read as follows: (5) Adjustment authority The amounts otherwise determined for allocation and payment under paragraphs (1), (2), and (3)— (A) shall be adjusted by the Secretary on a pro rata basis to the extent necessary to carry out the transfer of funds required under section 305(a) of the Transportation Empowerment Act; and (B) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are distributed to metropolitan cities, counties, and States in accordance with the requirements specified in each paragraph (as applicable) and the certification requirement specified in subsection (d). . (c) Conforming amendment Section 9503(f) of the Internal Revenue Code of 1986, as amended by section 304(b), is further amended by redesignating paragraph (13) as paragraph (14) and by inserting after paragraph (12) the following new paragraph: (13) Transfer of unused COVID–19 appropriations There is hereby transferred to the Highway Trust Fund the amounts described in section 305(a) of the Transportation Empowerment Act. . B Highway related taxes 311. Reduction in taxes on gasoline, diesel fuel, kerosene, and special fuels funding Highway Trust Fund (a) Reduction in tax rate (1) In general Section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended— (A) in clause (i), by striking 18.3 cents and inserting 7 cents , and (B) in clause (iii), by striking 24.3 cents and inserting 8.3 cents . (2) Conforming amendments (A) Section 4081(a)(2)(D) of such Code is amended— (i) by striking 19.7 cents and inserting 6.7 cents , and (ii) by striking 24.3 cents and inserting 8.3 cents . (B) Section 6427(b)(2)(A) of such Code is amended by striking 7.4 cents and inserting 2.5 cents . (b) Additional conforming amendments (1) Section 4041(a)(1)(C)(iii)(I) of the Internal Revenue Code of 1986 is amended by striking 7.3 cents per gallon (4.3 cents per gallon after and inserting 1.5 cents per gallon (zero cents per gallon after . (2) Section 4041(a)(2)(B)(ii) of such Code is amended by striking 18.3 cents and inserting 7 cents . (3) Clauses (iii) and (iv) of section 4041(a)(2)(B) of such Code are each amended by striking 24.3 cents and inserting 8.3 cents . (4) Section 4041(a)(3)(A) of such Code is amended by striking 18.3 cents and inserting 7 cents . (5) Section 4041(m)(1) of such Code is amended— (A) in subparagraph (A)(i), by striking 9.15 cents and inserting 3.1 cents , (B) in subparagraph (A)(ii), by striking 11.3 cents and inserting 3.9 cents , and (C) in subparagraph (B), by striking all after 2022 and inserting , zero cents per gallon. . (6) Section 4081(d)(1) of such Code is amended by striking 4.3 cents per gallon and inserting zero cents per gallon . (c) Floor stock refunds (1) In general If— (A) before the applicable date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any liquid, and (B) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (in this subsection referred to as the taxpayer ) an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (2) Time for filing claims No credit or refund shall be allowed or made under this subsection unless— (A) claim therefor is filed with the Secretary of the Treasury before the date that is 6 months after the applicable date, and (B) in any case where liquid is held by a dealer (other than the taxpayer) on the applicable date— (i) the dealer submits a request for refund or credit to the taxpayer before the date that is 3 months after the applicable date, and (ii) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for fuel held in retail stocks No credit or refund shall be allowed under this subsection with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (4) Definitions For purposes of this subsection— (A) Applicable date The term applicable date means the first day of the first calendar quarter beginning after the date of the enactment of this Act. (B) Other terms The terms dealer and held by a dealer have the respective meanings given to such terms by section 6412 of such Code; except that the term dealer includes a producer. (5) Certain rules to apply Rules similar to the rules of subsections (b) and (c) of section 6412 and sections 6206 and 6675 of such Code shall apply for purposes of this subsection. (d) Effective dates (1) In general Except as provided in paragraphs (2), the amendments made by this section shall apply to fuel removed on or after the first day of the first calendar quarter beginning after the date of the enactment of this Act. (2) Certain conforming amendments The amendments made by paragraphs (1), (2), (3), (4), and (5) of subsection (b) shall apply to fuel sold or used after the first day of the first calendar quarter beginning after the date of the enactment of this Act. 312. Extension of highway-related taxes (a) In general (1) Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking September 30, 2022 and inserting September 30, 2027 : (A) Section 4041(a)(1)(C)(iii)(I). (B) Section 4041(m)(1)(B). (C) Section 4081(d)(1). (2) Each of the following provisions of such Code is amended by striking October 1, 2022 and inserting October 1, 2027 : (A) Section 4041(m)(1)(A). (B) Section 4051(c). (C) Section 4071(d). (D) Section 4081(d)(3). (b) Extension of tax, etc., on use of certain heavy vehicles Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking 2023 each place it appears and inserting 2028 : (1) Section 4481(f). (2) Subsections (c)(4) and (d) of section 4482. (c) Floor stocks refunds Section 6412(a)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking October 1, 2022 each place it appears and inserting October 1, 2027 , (2) by striking March 31, 2023 each place it appears and inserting March 31, 2027 , and (3) by striking January 1, 2023 and inserting January 1, 2028 . (d) Extension of certain exemptions (1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by striking October 1, 2022 and inserting October 1, 2027 . (2) Section 4483(i) of such Code is amended by striking October 1, 2023 and inserting October 1, 2028 . (e) Extension of transfers of certain taxes (1) In general Section 9503 of the Internal Revenue Code of 1986 is amended— (A) in subsection (b)— (i) by striking October 1, 2022 each place it appears in paragraphs (1) and (2) and inserting October 1, 2027 , (ii) by striking October 1, 2022 in the heading of paragraph (2) and inserting October 1, 2027 , (iii) by striking September 30, 2022 in paragraph (2) and inserting September 30, 2027 , and (iv) by striking July 1, 2023 in paragraph (2) and inserting July 1, 2027 , and (B) in subsection (c)(2), by striking July 1, 2023 and inserting July 1, 2028 . (2) Small-engine fuel tax transfers Paragraph (4)(A) of section 9503(c) of such Code is amended by striking October 1, 2022 and inserting October 1, 2027 . (f) Termination of motorboat fuel tax transfers (1) In general Paragraph (3)(A)(i) of section 9503(c) of such Code is amended by striking October 1, 2022 and inserting October 1, 2021 . (2) Conforming amendments to land and water conservation fund Section 200310 of title 54, United States Code, is amended— (A) by striking October 1, 2023 each place it appears and inserting October 1, 2022 ; and (B) by striking October 1, 2022 and inserting October 1, 2021 . (g) Effective date The amendments made by this section shall take effect on October 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s2803is/xml/BILLS-117s2803is.xml |
117-s-2804 | II 117th CONGRESS 1st Session S. 2804 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Lankford (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require agencies to publish an advance notice of proposed rulemaking for major rules.
1. Short title This Act may be cited as the Early Participation in Regulations Act of 2021 . 2. Advance notice of proposed rule making Subchapter II of chapter 5 of title 5, United States Code, is amended— (1) in section 551— (A) in paragraph (13), by striking and at the end; (B) in paragraph (14), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (15) major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs determines is likely to impose— (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or tribal government agencies, or geographic regions; or (C) significant effects on competition, employment, investment, productivity, innovation, health, safety, the environment, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; and (16) Office of Information and Regulatory Affairs means the office established under section 3503 of title 44 and any successor to that office. ; and (2) in section 553, by adding at the end the following: (f) Advance notice of proposed rule making for major rules (1) In general Except as provided in paragraph (3), not later than 90 days before the date on which an agency publishes a notice of proposed rule making for a major rule in the Federal Register, the agency shall publish an advance notice of proposed rule making for the major rule in the Federal Register. (2) Requirements An advance notice of proposed rule making published under paragraph (1) shall— (A) include a written statement identifying, at a minimum— (i) the nature and significance of the problem the agency may address with a major rule, including any data or categories of data that the agency has identified as relevant or that the agency intends to consult for the proposed major rule; (ii) a general description of regulatory alternatives under consideration; and (iii) the legal authority under which a major rule may be proposed; (B) solicit written data, views, and argument from interested persons concerning the information and issues identified in the advance notice; and (C) provide for a period of not less than 30 days for interested persons to submit such written data, views, or argument to the agency. (3) Exceptions This subsection shall not apply to a major rule if— (A) the agency proposing the major rule is not required to publish a notice of proposed rule making in the Federal Register for the major rule under subparagraph (A) or (B) of subsection (b); (B) the Administrator of the Office of Information and Regulatory Affairs determines that complying with the requirements described in this subsection— (i) would not serve the public interest; (ii) would be duplicative of processes as rigorous and effective as those prescribed in paragraph (2) and would be unnecessary to ensure meaningful public participation; or (iii) would not be practicable due to a statutory or court-imposed deadline; or (C) the Administrator of the Office of Information and Regulatory Affairs determines that the major rule falls within a category of major rules that are routine or periodic in nature. (4) Judicial review (A) In general A determination made by the Administrator of the Office of Information and Regulatory Affairs in accordance with subparagraph (B) or (C) of paragraph (3) shall not be subject to judicial review. (B) Arbitrary and capricious Any difference between policies set forth in the written statement of an agency under paragraph (2)(A) and the notice of proposed rule making shall not be reviewable under section 706(2)(A). . | https://www.govinfo.gov/content/pkg/BILLS-117s2804is/xml/BILLS-117s2804is.xml |
117-s-2805 | II 117th CONGRESS 1st Session S. 2805 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Schumer (for Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To revise laws regarding liability in certain civil actions, and for other purposes.
1. Short title This Act may be cited as the Small Passenger Vessel Liability Fairness Act of 2021 . 2. Exoneration and limitation of liability for small passengers vessels (a) Restructuring Chapter 305 of title 46, United States Code, is amended— (1) by inserting the following before section 30501: I General provisions ; (2) by inserting the following before section 30503: II Exoneration and limitation of liability generally ; and (3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively. (b) Definitions Section 30501 of title 46, United States Code, is amended to read as follows: 30501. Definitions In this chapter— (1) the term owner includes a charterer that mans, supplies, and navigates a vessel at the charterer's own expense or by the charterer's own procurement; and (2) the term covered small passenger vessel — (A) means a small passenger vessel, as defined in section 2101 of this title, that— (i) is less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and (ii) is carrying— (I) for overnight domestic voyages, not more 49 passengers; and (II) for all other voyages, not more than 150 passengers; and (B) includes any wooden vessel constructed prior to March 11, 1996, that carries passengers on overnight domestic voyages. . (c) Applicability (1) In general Section 30502 of title 46, United States Code, is amended to read as follows: 30502. Application (a) In general Except as otherwise provided and subject to subsection (b)— (1) subchapter II (except section 30521) of this title shall apply to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters that are not covered small passenger vessels; and (2) subchapter III of this title shall apply to seagoing vessels, and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters, that are covered small passenger vessels. (b) Declaration of nature and value of goods Section 30521 of this title shall not apply to vessels described in subsection (a) of this section. . (d) Rules for small passenger vessels Chapter 305 of title 46, United States Code, is amended by adding at the end the following: III Exoneration and limitation of liability for covered small passenger vessels 30541. Exoneration and limitation of liability provisions (a) In general By not later than 180 days after the date of enactment of the Small Passenger Vessel Liability Fairness Act of 2021 , the Commandant shall promulgate rules relating to exoneration and limitation of liability for all covered small passenger vessels that— (1) provide just compensation in any claim for which the owner or operator of a covered small passenger vessel is found liable; and (2) comply with the requirements of subsection (b) of this section. (b) Requirements (1) Privity or knowledge In a claim for personal injury or death to which this subchapter applies, the privity or knowledge of the master or the owner's superintendent or managing agent, at or before the beginning of each voyage, is imputed to the owner. (2) Apportionment of losses The requirements of section 30525 of this title shall apply to a covered small passenger vessel in the same manner as such section applies to a vessel described in section 30502(a)(1). (3) Timing considerations The requirements of subsections (b) through (d) of section 30526 of this title shall apply to a covered small passenger vessel in the same manner as the requirements apply to a vessel subject to such section. (c) Applicability The rules promulgated under subsection (a) shall take effect as if promulgated on the effective date of the Small Passenger Vessel Liability Fairness Act of 2021 . . (e) Tables of subchapters and tables of sections The table of sections for chapter 305 of title 46, United States Code, is amended— (1) by inserting before section 30501 the following: SUBCHAPTER I—General provisions ; (2) by inserting after section 30502 the following: SUBCHAPTER II—Exoneration and limitation of liability ; (3) by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively; and (4) by adding at the end the following: SUBCHAPTER III—Exoneration and limitation of liability for covered small passenger vessels Sec. 30541. Exoneration and limitation of liability provisions. . (f) Conforming amendments Title 46, United States Code, is further amended— (1) in section 14305(a)(5), by striking section 30506 and inserting section 30524 ; (2) in section 30523(a), as redesignated by subsection (a) of this section, by striking section 30506 and inserting section 30524 ; (3) in section 30524(b), as redesignated by subsection (a) of this section, by striking section 30505 and inserting section 30523 ; and (4) in section 30525— (A) by striking section 30505 and section 30523 ; (B) by striking section 30506 and inserting section 30524 ; and (C) by striking section 30506(b) and inserting section 30524(b) . 3. Effective date; severability (a) Effective date This Act, and the amendments made by this Act, shall take effect as if enacted into law on September 2, 2019. (b) Severability If any provision of this Act or an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of this Act and the amendments made by this Act to any other person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s2805is/xml/BILLS-117s2805is.xml |
117-s-2806 | II 117th CONGRESS 1st Session S. 2806 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Schumer (for Mrs. Feinstein (for herself, Mr. Padilla , and Mr. Wyden )) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To direct the Secretary of Agriculture to select and implement landscape-scale forest restoration projects, to assist communities in increasing their resilience to wildfire, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Wildfire Emergency Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Landscape-Scale Forest Restoration Sec. 101. Definitions. Sec. 102. Purpose. Sec. 103. Selection and implementation of landscape-scale forest restoration projects. Sec. 104. Conservation finance agreements. Sec. 105. Administration. Sec. 106. Report evaluating implementation. Sec. 107. Funding. TITLE II—Increasing Community Resilience to Wildfire Sec. 201. Critical infrastructure and microgrid program. Sec. 202. Retrofits for fire-resilient communities. Sec. 203. Hazard mitigation using disaster assistance. Sec. 204. Wildfire detection equipment. TITLE III—Research, Training, and Capacity Building Sec. 301. Western prescribed fire centers. Sec. 302. Innovative forest workforce development program. Sec. 303. National community capacity and land stewardship grant program. I Landscape-Scale Forest Restoration 101. Definitions In this title: (1) Conservation finance agreement The term conservation finance agreement means a mutual benefit agreement (excluding a procurement contract, grant, or cooperative agreement described in chapter 63 of title 31, United States Code)— (A) the term of which is more than 1, but not more than 20, years; (B) that may provide that performance under the agreement during the second and subsequent years of the agreement is contingent on the appropriation of funds; and (C) if the agreement does so provide, that may provide for a cancellation payment to be made to the partner if those appropriations are not made. (2) Ecological conditions The term ecological conditions has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3) Ecological integrity The term ecological integrity has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) Landscape assessment The term landscape assessment means an assessment of a landscape that— (A) meets the requirements described in section 103(c)(1)(C); (B) does not constitute a decision document or final agency action requiring a separate analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (C) may be presented— (i) in a separate analysis; (ii) within 1 or more broader analyses, including analyses under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (iii) through a combination of the analyses described in clauses (i) and (ii). (5) Restore The term restore has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (6) Secretary The term Secretary means the Secretary of Agriculture. (7) Wildland-urban interface The term wildland-urban interface has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). 102. Purpose The purpose of this title is to increase the pace and scale of forest restoration and reduction in the risk of uncharacteristic wildfire through— (1) authorizing a pilot program with conservation finance agreement authority to leverage other Federal and non-Federal investment (excluding funds appropriated to the Forest Service) in landscape-scale forest restoration and related natural and built infrastructure, equipment, and job training; (2) project planning and analysis practices that effectively scale up to the landscape level of 100,000 acres or more; (3) requiring ecological standards and collaboration for landscape-scale projects; and (4) coordination with Federal, State, local, and Tribal agencies to expand personnel options to support the pilot program described in paragraph (1) by taking advantage of interorganizational support. 103. Selection and implementation of landscape-scale forest restoration projects (a) In general The Secretary shall select, in accordance with this section, landscape-scale forest restoration projects located west of the 100th meridian— (1) to implement on National Forest System land; and (2) if applicable, to implement on land adjoining National Forest System land, in coordination with other Federal and non-Federal entities. (b) Initial phase During the 5-year period beginning on the date of enactment of this Act, subject to the availability of appropriations pursuant to section 107(a), the Secretary shall select not more than 20 landscape-scale forest restoration projects under subsection (a). (c) Eligibility requirements (1) In general Subject to paragraph (2), to be eligible for selection and implementation under subsection (a), a landscape-scale forest restoration project shall satisfy the following requirements: (A) The purposes and needs for the project shall be— (i) to restore the ecological integrity and ecological resilience of terrestrial and aquatic areas that have departed from reference conditions within the forest landscape; (ii) to restore appropriate natural fire regimes, including by reducing fuel loads and modifying forest structure in areas that have departed from reference conditions, taking into account the current and projected impacts of climate change; and (iii) to conduct wildfire risk reduction activities within the wildland-urban interface to the extent that the project includes lands within the wildland-urban interface. (B) The project shall be developed and supported by a collaborative group that— (i) includes multiple interested persons representing diverse interests; (ii) is transparent and inclusive; and (iii) has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecologically based forest restoration activities. (C) The project shall be based on a landscape assessment that shall— (i) cover a landscape of— (I) except as provided in subclause (II), not less than 100,000 acres; or (II) in such limited cases as the Secretary determines to be appropriate, not less than 80,000 acres if— (aa) the assessment is completed or substantially completed as of the date of enactment of this Act; and (bb) in the determination of the Secretary, assessing a larger area is not necessary to restore the integrity, resilience, and fire regimes of the landscape; (ii) evaluate ecological integrity and determine reference conditions for the landscape; (iii) identify terrestrial and aquatic areas within the landscape that have departed from reference conditions; (iv) identify criteria to determine appropriate restoration treatments within degraded areas of the landscape to achieve reference conditions, including management prescriptions, mitigation measures, and constraints to be applied when carrying out actions in those areas; (v) be based on the best available scientific information and data, including, where applicable, high-resolution imagery, LiDAR, and similar technologies and information, and involve direct engagement by scientists; and (vi) identify priority restoration strategies for terrestrial and aquatic areas, including prescribed fire and wildfires managed for multiple resource benefits, which shall focus on— (I) areas that are the most departed from reference conditions; and (II) areas that would benefit the most from reducing the risk of uncharacteristic wildfire, especially with respect to nearby communities, taking into account other completed, ongoing, and planned fuels-reduction projects. (D) Restoration treatments under the project— (i) shall emphasize the reintroduction of characteristic fire, based on forest ecology and reference conditions, through the use of prescribed fire, wildfire managed for resource benefits, or both; (ii) that involve any proposed mechanical treatments shall be designed to promote— (I) the restoration of reference conditions in areas that lack ecological integrity, especially the reduction of surface and ladder fuels; and (II) the establishment of conditions that will facilitate prescribed fire or managed wildfire; (iii) shall— (I) fully maintain or contribute to the restoration of reference old forest conditions, taking into account the current and projected impacts of climate change; and (II) protect or increase the number and distribution of large old trees, consistent with reference conditions, excepting any de minimis losses of large old trees from prescribed fire or hazardous tree removal; and (iv) that involve prescribed fire shall provide advance notification, in accordance with notification procedures developed by the Secretary, to the owner or operator of critical infrastructure, such as a power line right-of-way, of any prescribed fire treatments within close proximity to the infrastructure. (E) The project shall be consistent with all applicable environmental laws, including— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (iii) the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ). (F) The project shall be consistent with the Roadless Area Conservation Rule established under part 294 of title 36, Code of Federal Regulations (or successor regulations), and the final rule and record of decision of the Forest Service entitled Special Areas; Roadless Area Conservation (66 Fed. Reg. 3244 (January 12, 2001)) (or a successor rule). (G) The project shall require multiparty monitoring, including opportunities for public engagement, and an adaptive management approach that— (i) conditions the future implementation of the project on the satisfactory completion of— (I) priority restoration actions; and (II) required monitoring; (ii) validates conditions projected to occur in the environmental analysis for the project; and (iii) requires modifications to the project if monitoring reveals impacts beyond the anticipated impacts of the project. (H) (i) No new permanent road may be built as part of the project. (ii) Any new temporary roads needed to implement the project shall be decommissioned not later than 3 years after completion of the project. (I) The project shall use an efficient approach to landscape-scale analysis and decisionmaking that is consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), which may include— (i) the preparation of a single environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C); (ii) the use of, as applicable— (I) multiple records of decision to implement a single environmental impact statement; or (II) multiple decision notices to implement a single environmental assessment; (iii) the preparation of a programmatic environmental impact statement or environmental assessment, as applicable, for the entire project, incorporating the landscape assessment described in subparagraph (C), followed by focused, concise, and site-specific— (I) environmental assessments; or (II) categorical exclusions consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); or (iv) the use of the landscape assessment described in subparagraph (C), through incorporation by reference and similar approaches, to support focused, concise, and site-specific— (I) environmental assessments; or (II) categorical exclusions consistent with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (2) Exception If the Secretary determines that there are an insufficient number of projects that fully comply with the requirements described in paragraph (1) to implement based on all available funding, then the Secretary may, during the 2-year period beginning on the date of enactment of this Act, select under subsection (a) not more than a total of 5 landscape-scale forest restoration projects to implement that do not fully comply with those requirements if the projects— (A) fully comply with the requirements described in subparagraphs (B), (D), (E), (F), (G), (H), and (I) of that paragraph; (B) in the determination of the Secretary, have purposes and needs that are consistent with the purposes and needs described in subparagraph (A) of that paragraph; and (C) are supported by landscape assessments that are substantially (if not completely) consistent with the requirements described in subparagraph (C) of that paragraph, subject to the condition that the applicable landscape assessments fully comply with the requirements described in clauses (i) and (v) of that subparagraph. (d) Evaluation of eligible projects (1) In general In determining which landscape-scale forest restoration projects to select under subsection (a), the Secretary shall consider— (A) the criteria described in paragraph (2); (B) the extent to which the project utilizes the approaches to project implementation described in paragraph (3); and (C) the recommendations of the advisory panel established under subsection (e). (2) Criteria The criteria referred to in paragraph (1)(A) are— (A) the demonstrated need, based on the best available science, to restore ecological integrity to degraded or departed areas within the landscape covered by the project, taking into account the current and projected impacts of climate change; (B) (i) the importance of watersheds in the area covered by the project for downstream waters supply; and (ii) the opportunity to improve the ecological integrity and ecological conditions of those watersheds and reduce risks to water resources through landscape-scale forest restoration; (C) (i) the potential extent of cost sharing for the development and implementation of the project from diverse sources, such as State or local governments, water or electric utilities, carbon credits, or private entities; and (ii) the proportion of the non-Federal cost share that is in the form of cash contributions; (D) whether the area covered by the project has high-resolution, remote-sensing data and other information available that enables a landscape assessment and a robust analysis and disclosure of the effects and outcomes of implementing restoration activities; (E) whether the project is using, or will use, innovative approaches to completing resource surveys that are less costly and less time-consuming than usual practices while providing the information necessary for project design and analysis; (F) whether the project will reduce the number of miles of permanent roads on National Forest System land that are not necessary for resource management or recreational access; (G) whether the project will assess or quantify the ecosystem service benefits of forest restoration within the landscape covered by the project, such as water, carbon, biodiversity, fire risk reduction, public health, and community safety; (H) whether the project has the potential to support new or existing wood processing infrastructure that can make economic use of the byproducts of forest restoration; (I) whether the project has the potential to support local employment and investment opportunities, particularly in economically disadvantaged communities; (J) the scale of the landscape assessment for the project, with a preference for projects for which the landscape assessment covers a larger area; and (K) whether the project— (i) strives to restore ecological integrity and ecological conditions within areas across land ownerships, including State and private land; and (ii) will reduce the risk of uncharacteristic wildfire, and, to the extent practicable, restore ecological integrity, within the wildland-urban interface. (3) Approaches to landscape-scale project implementation A landscape-scale restoration project carried out under this section may use 1 or both of the following approaches to project implementation: (A) Conservation finance agreements The Secretary may enter into a conservation finance agreement under the pilot program established under section 104(a) to carry out the project for the purpose of facilitating private, other non-Federal, and other Federal investment (excluding the investment of any other amounts appropriated to the Forest Service)— (i) to increase the pace and scale of forest restoration at the landscape level; (ii) to support the use of prescribed fire at a greater scale; or (iii) to make greater economic use of the byproducts of forest restoration to reduce the net cost of forest restoration. (B) Interagency personnel collaboration The Secretary may coordinate with Federal, State, local, and Tribal agencies to expand personnel options to support the project by using authorities such as— (i) the good neighbor authority under section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (ii) sections 3371 through 3376 of title 5, United States Code (commonly referred to as the Intergovernmental Personnel Act ); and (iii) part 334 of title 5, Code of Federal Regulations (or successor regulations). (e) Advisory panel (1) In general The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to evaluate, and provide recommendations on— (A) each landscape-scale forest restoration project that the Secretary is reviewing for potential selection under subsection (a); and (B) proposals for planning and developing landscape-scale forest restoration projects that the Secretary is reviewing for potential funding under section 107(a)(1). (2) Representation The Secretary shall ensure that the membership of the advisory panel established under paragraph (1) is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel. (3) Inclusion The advisory panel established under paragraph (1) shall include experts in ecological forest restoration, fire ecology, fire management, rural economic and workforce development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization. (4) Exemption The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). 104. Conservation finance agreements (a) Pilot program authority The Secretary shall establish a pilot program under which the Secretary may enter into a conservation finance agreement with a public or private person, including a for-profit or nonprofit organization, to plan, implement, and monitor a landscape-scale forest restoration project selected by the Secretary under section 103(a) if the Secretary finds each of the following: (1) There is a reasonable expectation that, throughout the contemplated agreement period, the Secretary will request funding for the agreement at the level required to avoid agreement cancellation. (2) The environmental analysis for the project demonstrates that there is a sufficient supply of small-diameter material to support a long-term agreement consistent with the landscape assessment and all applicable environmental laws. (3) The use of the conservation finance agreement will, in the area of the applicable landscape-scale forest restoration project, assist in achieving the purpose described in section 102. (4) The project involves an entity that demonstrates experience in— (A) developing and implementing conservation finance public-private partnerships; and (B) raising capital commitments from concessional and market rate investors or other external financing. (b) Limited delegation The Secretary may not delegate the pilot program authority under subsection (a) to a Federal official that serves under the Chief of the Forest Service. (c) Limitations The pilot program authority under subsection (a)— (1) may be used for the obligation under conservation finance agreements of not more than— (A) $250,000,000 in the aggregate; and (B) $50,000,000 for any 1 landscape-scale forest restoration project; and (2) may not be used to pay interest to any other entity providing funds for the applicable landscape-scale forest restoration project. (d) Cancellation, termination, or modification for insufficient funding (1) In general (A) Insufficient funding If funds are not made available for the continuation of a conservation finance agreement made under this section into a subsequent fiscal year, the agreement shall be canceled, terminated, or modified. (B) Payment of costs If the Secretary determines that it is necessary to cancel or terminate a conservation finance agreement pursuant to subparagraph (A), and the conservation finance agreement includes a cancellation provision described in paragraph (2)(A), the Secretary may pay the costs of that cancellation or termination using any of the following amounts: (i) Appropriations originally available for the performance of the applicable conservation finance agreement. (ii) Appropriations currently available for the type of services concerned under the applicable conservation finance agreement, and not otherwise obligated. (iii) Funds appropriated for payments for those costs of cancellation or termination. (2) Provisions in agreements (A) In general The Secretary may provide for cancellation provisions in conservation finance agreements under this section to the extent that those provisions are necessary and in the best interests of the United States. (B) Considerations The cancellation provisions described in subparagraph (A) may include consideration of the recurring and nonrecurring costs of the partner under the applicable conservation finance agreement. (3) Cancellation ceilings (A) In general The Secretary may obligate funds in stages that are economically or programmatically viable to cover any potential cancellation or termination costs for a conservation finance agreement under paragraph (1)(B) and implement the agreement pursuant to this section. (B) Advance notice to congress of cancellation ceiling in excess of $25,000,000 Not later than 30 days before entering into a conservation finance agreement under this section that includes a cancellation ceiling in excess of $25,000,000, but does not include proposed funding for the costs of cancelling the agreement up to that cancellation ceiling, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a written notice that includes— (i) a description of the cancellation ceiling amounts proposed for each program year in the agreement; (ii) the reasons why the cancellation ceiling amounts described under clause (i) were selected; (iii) a description of the extent to which the costs of agreement cancellation are not included in the budget for the agreement; and (iv) an assessment of the financial risk of not including budgeting for the costs of agreement cancellation. (C) Transmittal of notice to omb Not later than 14 days after the date on which written notice is provided under subparagraph (B), the Secretary shall transmit a copy of the notice to the Director of the Office of Management and Budget. (D) Relationship of cancellation ceiling to conservation finance agreement The Secretary may enter into a conservation finance agreement pursuant to this section that includes partner services in return for payments by the Secretary in future years that are contingent on the appropriation of funds, subject to the requirement that the Secretary shall pay the partner cancellation costs pursuant to paragraph (1)(B) up to the cancellation ceiling applicable to the agreement if funding for the completion of the agreement is not appropriated. 105. Administration (a) Guidance Not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance on the implementation of this title. (b) Implementation A landscape-scale forest restoration project under this title shall be implemented consistent with— (1) the requirements for the project described in section 103(c); and (2) all project commitments described in the 1 or more decisions or decision notices relating to the project. 106. Report evaluating implementation (a) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this title, including— (1) a list of the landscape-scale forest restoration projects selected under section 103(a) and the accomplishments under those projects; (2) an evaluation of the approaches to project planning and implementation described in section 103(d)(3) based on the experience of the implementation of those approaches in the projects described in paragraph (1); and (3) an evaluation of the pilot authority for conservation finance agreements described in section 104, including whether that authority has— (A) increased the availability of non-Federal funding sources to assist in landscape-scale forest restoration projects; and (B) promoted private or other non-Federal investment in— (i) new or existing infrastructure and related equipment that can make use of the byproducts of forest restoration; (ii) the use of prescribed fire at a greater scale; (iii) related economic development and workforce training and development; (iv) land management activities enhancing natural infrastructure with benefits for downstream water users; or (v) mitigating the risk of uncharacteristic wildfire. (b) Consultation In preparing the report under subsection (a), the Secretary shall consult with the advisory panel established under section 103(e). 107. Funding (a) Authorization of appropriations There is authorized to be appropriated to the Secretary $250,000,000 for the period of fiscal years 2022 through 2026, to remain available until expended— (1) to plan and develop potential landscape-scale forest restoration projects under this title that the Secretary and a collaborative group described in section 103(c)(1)(B) shall design— (A) to meet the requirements of section 103(c); and (B) to satisfy the criteria described in section 103(d)(2), to the maximum extent practicable; and (2) to implement landscape-scale forest restoration projects selected under section 103. (b) Sources of funding Landscape-scale forest restoration projects under this Act may be carried out using— (1) amounts appropriated under subsection (a); (2) other sources of Forest Service funding; (3) other sources of Federal funding; (4) non-Federal funding sources; or (5) any combination of the amounts described in paragraphs (1) through (4). (c) Cost-Share (1) Federal share (A) Planning and development The Federal share of the cost of planning and developing a potential landscape-scale forest restoration project under this title shall not exceed 75 percent. (B) Implementation and monitoring The Federal share of the cost of carrying out and monitoring each landscape-scale forest restoration project on National Forest System land under this title shall not exceed 60 percent. (2) Form of non-Federal share The non-Federal share of the cost of a project carried out using funds made available pursuant to this title may include in-kind contributions. (d) Adaptive management Not less than 5 percent of the amount made available for each landscape-scale forest restoration project under this title shall be used for monitoring and adaptive management in the applicable landscape. (e) Stewardship contracting In the case of a landscape-scale forest restoration project under this title that is covered by an agreement or a contract under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ), the Secretary may use monies retained by the Secretary under subsection (e)(2)(A) of that section to plan, analyze, and implement landscape-scale forest restoration projects within the area covered by that agreement or contract consistent with this title. (f) Administrative costs Not more than 5 percent of any amounts appropriated to carry out this title may be used for administrative management and program oversight. II Increasing Community Resilience to Wildfire 201. Critical infrastructure and microgrid program (a) Definitions In this section: (1) Critical facility (A) In general The term critical facility means a facility that provides services or may be used— (i) to save lives; (ii) to protect property, public health, and public safety; or (iii) to lessen or avert the threat of a catastrophe. (B) Inclusions The term critical facility includes— (i) a hospital; (ii) an outpatient clinic; (iii) a nursing home; (iv) a police station; (v) an emergency operation center; (vi) a jail or prison; (vii) a fire station; (viii) a facility in the communications sector, as determined by the Secretary; (ix) a facility in the chemical sector, as determined by the Secretary; (x) a school or other large building that may serve as a temporary gathering space; (xi) a utility station, such as a water and wastewater station; (xii) a facility described in subparagraph (A) that is owned or operated by, or provides services to, an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (xiii) a Federal facility, including a military base or installation; and (xiv) any other facility described in subparagraph (A), as determined by the Secretary. (2) Secretary The term Secretary means the Secretary of Energy. (b) Critical infrastructure and microgrid program (1) In general The Secretary shall establish a program— (A) to improve the energy resilience and power needs of critical facilities through the use of microgrids, renewable energy, energy efficiency, reduced electricity demand, and on-site storage; (B) to improve the energy efficiency of critical facilities by decreasing the size and cost of generators; (C) to provide technical assistance and facilitate the distribution and sharing of information to develop more resilient electricity systems (including bulk systems and localized systems); and (D) to promulgate consumer-facing information and resources to inform the public on best practices and resources related to increasing resilience of electricity systems and reducing the impacts of extreme weather events on electricity systems. (2) Requirements In carrying out the program established under paragraph (1), the Secretary shall ensure, with respect to critical facilities— (A) provision of on-site back-up power with renewable resources, low-carbon liquid fuels, and on-site energy storage technologies; and (B) installation, at the transmission and distribution level, of interoperable technologies, advanced power flow control, dynamic line rating, topology optimization, and communications systems. (3) Interested party input In establishing the program under paragraph (1), the Secretary shall seek the input of State energy regulators, electric utilities (as defined in section 3 of the Federal Power Act ( 16 U.S.C. 796 )), regional transmission organizations and independent system operators, electric utility customers and ratepayer organizations, local governments, community choice aggregators or regional energy collaboratives, and other interested parties. (c) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary $100,000,000 to carry out this section, to remain available until expended. (2) Administrative costs Of the amount used to carry out this section, not more than 10 percent shall be used for salaries and expenses, administrative management, and oversight of the program established under subsection (b)(1). 202. Retrofits for fire-resilient communities (a) Definition of weatherization materials Section 412(9) of the Energy Conservation and Production Act ( 42 U.S.C. 6862(9) ) is amended— (1) in subparagraph (I), by striking and at the end; (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following: (J) materials that are resistant to high heat and fire; and . (b) Weatherization program (1) In general Section 413(b)(6) of the Energy Conservation and Production Act ( 42 U.S.C. 6863(b)(6) ) is amended— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) owners of such dwelling units shall use fire- and drought-resistant building materials and incorporate wildfire and drought prevention and mitigation planning, as directed by the State. . (2) Limitations Section 415(c) of the Energy Conservation and Production Act ( 42 U.S.C. 6865(c) ) is amended— (A) in paragraph (1)— (i) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and indenting appropriately; (ii) in the matter preceding clause (i) (as so redesignated), in the second sentence, by striking Labor and all that follows through to— and inserting the following: (B) Labor and weatherization materials Labor, weatherization materials, and related matter described in subparagraph (A) includes— ; (iii) by striking (c)(1) Except and inserting the following: (c) Financial assistance (1) Average cost (A) In general Except ; (iv) in subparagraph (A) (as so designated)— (I) by striking exceed an average of $6,500 and inserting the following: exceed— (i) an average of $13,000 (adjusted annually for inflation) ; (II) in clause (i) (as so designated), by striking the period at the end and inserting ; or ; and (III) by adding at the end the following: (ii) another average amount that is greater than the amount described in clause (i), if the Secretary determines it necessary to waive or adjust the average amount established under that clause. ; and (v) in subparagraph (B) (as so designated)— (I) in clause (iv) (as so redesignated), by striking , and and inserting ; and ; and (II) in clause (v) (as so redesignated), by adding a period at the end; and (B) in paragraph (4), by striking $3,000 and inserting $6,000 (adjusted annually for inflation) . 203. Hazard mitigation using disaster assistance Section 404(f)(12) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(f)(12) ) is amended— (1) by inserting and wildfire after windstorm ; (2) by striking including replacing and inserting the following: including— (A) replacing ; (3) in subparagraph (A) (as so designated)— (A) by inserting , wildfire, after extreme wind ; and (B) by adding and after the semicolon at the end; and (4) by adding at the end the following: (B) the installation of fire-resistant wires and infrastructure and the undergrounding of wires; . 204. Wildfire detection equipment (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 et seq. ) is amended by adding at the end the following: 607. Wildfire detection equipment To the extent practicable, the Secretary of Agriculture and the Secretary of the Interior shall— (1) expedite the placement of wildfire detection equipment, such as sensors, cameras, and other relevant equipment, in areas at risk of wildfire; (2) expand the use of satellite data to assist wildfire response; and (3) expedite any permitting required by the Secretary of Agriculture or the Secretary of the Interior for the installation, maintenance, or removal of wildfire detection equipment. . (b) Technical amendment The table of contents for the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6501 note; Public Law 108–148 ) is amended by adding at the end of the items relating to title VI the following: Sec. 607. Wildfire detection equipment. . III Research, Training, and Capacity Building 301. Western prescribed fire centers (a) In general The Secretary of Agriculture and the Secretary of the Interior (referred to in this section as the Secretaries ) shall establish 1 or more centers to train individuals in prescribed fire methods and other methods relevant to the mitigation of wildfire risk (referred to in this section as a center ). (b) Host institutions The 1 or more centers shall be— (1) located at 1 or more institutions of higher education; or (2) developed in collaboration with 1 or more institutions of higher education. (c) Goals The 1 or more centers shall advance the following goals: (1) Training individuals and conducting research on prescribed fire methods and other restoration methods relevant to the mitigation of wildfire risk. (2) Developing and advancing interdisciplinary science relating to wildfire, including social science and human dimensions of wildfire, in consultation with stakeholders who— (A) need that science; (B) will benefit from the outcomes of that science; and (C) will coordinate with 1 or more other centers in developing and advancing that science. (3) Conducting ongoing and forward-looking needs assessments among stakeholders, including Federal and State agencies and Indian Tribes, to determine common need requirements and emerging challenges to reduce wildfire risk and adapt communities to increased risk from wildfire, including the following hazard-related focus areas: (A) Increasing disaster resilience. (B) Mitigation and management methods. (C) Air quality. (D) Firestorm weather forecasting and burn-area debris flow forecasting, including empirical and modeling research. (4) Collaborating with Federal wildfire scientists at the Forest Service, the Department of the Interior, and other related agencies. (5) Identifying, through a detailed engagement process targeting defined end-users, the requirements and delivery mechanisms for products and services that are practical and will have an impact on mitigating wildfire risk. (6) Promoting technology transfer with pathways for dissemination, implementation, and application of research results on the ground, using and enhancing previous research. (7) Ensuring the connectivity and interoperability of distributed services to maximize synergies and benefits across services. (8) Developing open digital infrastructure to make research data, science, and models open for all sectors to use. (d) Location (1) In general The 1 or more centers shall be located in any State the entirety of which is located west of the 100th meridian. (2) Consultation The Secretaries shall consult with the Joint Fire Science Program to solicit and evaluate proposals for the location of the 1 or more centers. (3) Selection Not later than 1 year after the date of enactment of this Act, based on the consultation under paragraph (2), the Secretaries shall select a location for the 1 or more centers. 302. Innovative forest workforce development program (a) Definitions In this section: (1) Career in forestry and fire management The term career in forestry and fire management means a career in a field relating to forests and the restoration to the natural fire regimes of forests, including— (A) in timber operations; (B) as a registered professional forester; (C) in vegetation treatment, including as a member of a hand crew, a machine operator, and in conducting prescribed fires as part of a fire restoration workforce that is capable of conducting large landscape restorative and maintenance prescribed fires; (D) in ecological restoration, including restoration of watersheds; (E) in wildland fire fighting; and (F) in community fire resilience, including workforce development projects. (2) Forestry and fire management The term forestry and fire management includes the areas of fields relating to forests described in subparagraphs (A) through (F) of paragraph (1). (3) Secretary The term Secretary means the Secretary of Agriculture. (b) Grants authorized The Secretary shall establish a competitive grant program— (1) to assist in the development and utilization of innovative activities relating to workforce development in forestry and fire management and opportunities for careers in forestry and fire management; and (2) to expand public awareness about forestry and fire management and connect individuals to careers in forestry and fire management. (c) Selection of grant recipients In awarding grants under subsection (b), the Secretary shall, to the extent practicable, select nonprofit professional or service organizations, labor organizations, State agencies, community colleges, institutions of higher education, or other training and educational institutions— (1) that have qualifications and experience— (A) in the development of training programs and curricula relevant to the workforce needs of forestry and fire management; (B) working in cooperation with forestry and fire management; or (C) developing public education materials appropriate for communicating with groups of various ages and educational backgrounds; and (2) that will address the human resources and workforce needs of forestry and fire management. (d) Use of funds Grants awarded under subsection (b) may be used for activities such as— (1) targeted internship, apprenticeship, pre-apprenticeship, and post-secondary bridge programs for skilled forestry and fire management trades that provide— (A) on-the-job training; (B) skills development; (C) test preparation for skilled trade apprenticeships; (D) advance training in forestry and fire management relating to jobs as forest restorationists, members of hand crews, wildland fire fighters, machine operators, licensed timber operators, registered professional foresters, ecologists, biologists, or workers in construction in support of resilient infrastructure, including residential buildings; or (E) other support services to facilitate post-secondary success; (2) education programs designed for elementary, secondary, and higher education students that— (A) inform people about the role of forestry, vegetation management, and ecological restoration in the communities of those people; (B) increase the awareness of opportunities for careers in forestry and fire management and exposure of students to those careers through various work-based learning opportunities inside and outside the classroom; and (C) connect students to pathways to careers in forestry and fire management; (3) the development of a model curriculum and related vocational programs to be adopted by community colleges, which, to the extent practicable and feasible, shall— (A) provide professional training in implementing prescribed fire projects, including the knowledge and skills necessary to plan and implement broad-scale surface and ladder fuel treatments within the wildland-urban interface, wildlands, and urbanized areas, as appropriate; (B) include a focus on the ecological concerns, economics, and practices necessary to improve community safety and forest resilience; and (C) train students in— (i) the retrofitting of houses, including the use of fire-resistant materials and the maintenance of defensible space; (ii) urban forestry; and (iii) policies or guidance relating to the management of vegetation near utility infrastructure and relevant portions of electric utility wildfire mitigation plans; (4) regional industry and workforce development collaborations, including the coordination of candidate development, particularly in areas of high unemployment; (5) integrated learning laboratories in secondary educational institutions that provide students with— (A) hands-on, contextualized learning opportunities; (B) dual enrollment credit for post-secondary education and training programs; and (C) direct connection to industry or government employers; and (6) leadership development, occupational training, mentoring, or cross-training programs that ensure that workers are prepared for high-level supervisory or management-level positions. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this section such sums as are necessary. 303. National community capacity and land stewardship grant program (a) Definitions In this section: (1) Community capacity The term community capacity means the ability of an eligible entity to carry out or assist in a land stewardship activity. (2) Disadvantaged community The term disadvantaged community means— (A) a low-income community (as defined in section 45D(e) of the Internal Revenue Code of 1986); and (B) a community that includes a significant population that has been systematically denied a full opportunity to participate in aspects of economic, social, and civic life based on a particular characteristic, such as Black, Latino, Indigenous, and Native American persons, Asian Americans, Pacific Islanders, and other persons of color. (3) Eligible entity The term eligible entity means any the following entities that is located in or represents a disadvantaged community: (A) An organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (B) A collaborative group fiscally sponsored by an organization described in subparagraph (A). (C) A unit of local government. (D) An Indian Tribe. (E) A special district government, as defined by the Director of the Bureau of the Census. (4) Ecological integrity The term ecological integrity has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (6) Land stewardship activity The term land stewardship activity means any of the following activities, as applied to a qualifying project: (A) Planning. (B) Collaboration and building community support. (C) Implementation on land other than National Forest System land. (D) Monitoring, including multiparty monitoring, and adaptive management. (7) Qualifying project The term qualifying project means any of the following activities that takes place at least in substantial part on National Forest System land or national grasslands: (A) Restoration of the ecological integrity of a forest, meadow, grassland, prairie, or other habitat. (B) Tribal management for aligned cultural and ecological values. (C) Enhancing community wildfire resilience in the wildland-urban interface. (D) Increasing equitable access to environmental education and volunteerism opportunities. (8) Restoration The term restoration has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (9) Secretary The term Secretary means the Secretary of Agriculture, acting through— (A) the regional offices of the State and Private Forestry Deputy Area of the Forest Service; and (B) as appropriate, regional offices of other Deputy Areas of the Forest Service. (b) Purpose The purpose of this section is to support increasing community capacity, partnerships, and collaborations within and involving disadvantaged communities for land stewardship activities and restoration of ecological integrity on— (1) National Forest System land; (2) national grasslands; and (3) adjacent private, State, and trust land associated with the health and resilience of land described in paragraphs (1) and (2). (c) Administration (1) In general The Secretary may issue grants to eligible entities for increasing community capacity for land stewardship activities and related activities based on the criteria described in subsection (d). (2) Federal cost-share (A) In general The Secretary may fund up to 100 percent of the cost of land stewardship activities and related activities carried out using a grant issued under paragraph (1). (B) Matching eligibility A grant issued under this section may be considered a non-Federal matching contribution from the eligible entity that received the grant towards other sources of Federal funding. (3) Duration The Secretary may issue a grant under paragraph (1) for a period of 1 or more years. (4) Maximum grant amount The amount of a grant issued under paragraph (1) shall be not more than $50,000 per year. (5) Applicable laws The Secretary shall administer grants under paragraph (1) in accordance with all applicable Federal and State laws. (d) Criteria for awarding grants (1) In general Subject to paragraph (2), the Secretary shall award grants to eligible entities under subsection (c)(1) on a competitive basis in accordance with the following criteria: (A) The extent to which the proposed land stewardship activities benefit units of the National Forest System and national grasslands over the short and long term. (B) The extent to which valuable ecological, economic, and social benefits to disadvantaged communities, including job creation and business development or retention, are likely to result from the scope of the land stewardship activities. (C) The extent to which the grant would benefit disadvantaged communities that have historically received less investment in collaborative capacity. (D) The extent to which the proposal brings together diverse interests through planning, collaboration, implementation, or monitoring of land stewardship activities to benefit units of the National Forest System or national grasslands. (E) The extent to which the grant funds appear to be critical for the success of the eligible entity and the identified land stewardship activities. (F) The extent to which the budget for the land stewardship activities is reasonable given the anticipated outcomes. (2) Set-aside for Indian Tribes The Secretary shall allocate not less than 10 percent of the funding awarded under this section to Indian Tribes or eligible entities representing Indian Tribes. (e) Annual reviews (1) In general The Secretary shall establish and maintain an advisory panel composed of not more than 15 members to provide feedback each year to each regional office of the State and Private Forestry Deputy Area of the Forest Service on the extent to which the implementation of this section by the regional office is fulfilling the purpose described in subsection (b). (2) Inclusions The advisory panel established under paragraph (1) shall include representation from a diversity of public land stakeholders from across interest groups, including— (A) not fewer than 8 members representing the interests of a diversity of disadvantaged communities; and (B) not fewer than 2 members representing not fewer than 2 Indian Tribes. (3) Exemption The advisory panel established under paragraph (1) shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (f) Report evaluating program implementation (1) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate a report evaluating the implementation of this section, including— (A) a list of the eligible entities and land stewardship activities selected for funding under this section and the accomplishments of those activities; and (B) an evaluation of the extent to which the implementation of this section is fulfilling the purpose described in subsection (b). (2) Consultation; contracting In preparing the report under paragraph (1), the Secretary— (A) shall consult with the advisory panel established under subsection (e)(1); and (B) may contract with a third party to complete an evaluation of the implementation of this section to inform the report. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for the period of fiscal years 2022 through 2026. (2) Distribution The Secretary shall distribute amounts made available under paragraph (1) to the regional offices of the State and Private Forestry Deputy Area and, as appropriate, regional offices of other Deputy Areas, of the Forest Service to administer the grants under this section. (3) Administrative costs Not more than 10 percent of any amounts made available to carry out this section may be used for administrative management and program oversight. | https://www.govinfo.gov/content/pkg/BILLS-117s2806is/xml/BILLS-117s2806is.xml |
117-s-2807 | II 117th CONGRESS 1st Session S. 2807 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the Secretary of the Interior, in coordination with the heads of relevant Federal agencies, to carry out watershed pilots, and for other purposes.
1. Short title This Act may be cited as the Watershed Results Act . 2. Definitions In this Act: (1) Advance watershed analytics The term advance watershed analytics means the technical analysis that is— (A) conducted before making funding available for a watershed pilot; and (B) necessary— (i) to identify specific high-impact outcome projects across an entire watershed; (ii) to identify project costs and implementation feasibility constraints; (iii) to identify how different groups of projects impact overall watershed targets; and (iv) to develop scenarios that— (I) maximize outcomes; and (II) are feasible to quickly implement at scale. (2) Federal financial source The term Federal financial source means an award, grant, loan, guarantee, incentive, or credit enhancement funding available to Federal agencies participating in watershed pilots. (3) Fund The term Fund means an Environmental Outcomes Fund established by the head of a Federal department or agency under section 4(c)(1). (4) Management team The term management team means the management team for a watershed pilot designated under section 3(c)(2). (5) Outcome The term outcome means— (A) a quantifiable reduction in nutrient or sediment runoff; (B) a quantifiable reduction in thermal load; (C) a quantifiable increase in dissolved oxygen; (D) a quantifiable increase in surface water or groundwater that functionally benefits fish and wildlife species; or (E) any other quantifiable benefit identified by the management team as being desirable in the applicable watershed. (6) Pay-for-performance contract The term pay-for-performance contract means a contract to purchase successfully implemented outcomes at a negotiated per-unit price. (7) Plan The term plan means an actionable implementation and funding plan developed for a watershed pilot under section 3(d)(1). (8) Qualifying project The term qualifying project means a project that efficiently achieves 1 or more outcomes in pursuit of a plan, as prioritized through advance watershed analytics. (9) Secretary The term Secretary means the Secretary of the Interior. (10) Watershed pilot The term watershed pilot means a watershed pilot established under section 3(a). 3. Watershed pilots (a) In general Not later than 180 days after the date of enactment of this Act and subject to subsection (i), the Secretary, acting in coordination with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall establish a total of not less than 2 and not more than 5 watershed pilots. (b) Consultation In establishing a watershed pilot under subsection (a), the Secretary shall— (1) consult with the Chair of the Council on Environmental Quality in implementing the watershed pilot; and (2) regularly submit to the Chair of the Council on Environmental Quality reports describing the status and implementation of the watershed pilot. (c) Management of watershed pilots (1) Management by Secretary Management and responsibility for each watershed pilot shall be led by the Secretary. (2) Management team The Secretary shall designate a management team for the watershed pilot, which shall be composed of— (A) representatives appointed by the Secretary; and (B) representatives from 1 or more other Federal departments or agencies participating in the watershed pilot. (3) Consultation In establishing and carrying out a watershed pilot, the Secretary and the management team shall consult with— (A) State, local, and Tribal representatives; (B) nongovernmental organizations; (C) private sector representatives; and (D) such other individuals or entities as the Secretary and the management team determine to be appropriate. (d) Plan (1) In general Not later than 1 year after the date on which a watershed pilot is established, the management team for the applicable watershed pilot shall develop and implement a 5-year plan for carrying out the watershed pilot. (2) Requirements A plan shall incorporate— (A) advance watershed analytics to establish milestones, outcome targets, an implementation plan, and a timeline for achieving the milestones, targets, and full implementation; (B) a coordinated cross-agency funding strategy that will— (i) achieve the milestones and outcome targets established under subparagraph (A) in an effective and flexible manner by efficiently and quickly delivering Federal financial sources to qualifying projects; (ii) leverage amounts made available under sections 4(c)(4) and 7 with existing Federal financial sources; (iii) use Federal financial sources and amounts from the Fund to leverage and attract investments from private or philanthropic sources to accelerate greater outcomes-based results; and (iv) concentrate Federal financial source commitments from multiple agencies in a watershed pilot during the period of the watershed pilot; (C) annually updated progress tracking against milestones and targets; and (D) such other information as the Secretary determines to be relevant to achieve outcomes on an accelerated timeline. (3) Consultation and review A plan shall be— (A) developed in consultation with the head of each Federal department and agency participating in the watershed pilot; and (B) reviewed annually by the management team. (e) Notification On adoption of each plan, the Secretary shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a notification that the watershed pilot has been established and the plan has been adopted. (f) Disbursement of funds to qualifying projects Not later than 30 days after the date on which the management team for a watershed pilot verify outcomes from the qualifying project, the Secretary and the management team for the watershed pilot shall disburse amounts from Federal financial sources, including amounts made available under sections 4(c)(4) and 7, to a qualifying project, through pay-for-performance contracts, at agreed upon outcome prices. (g) Minimum outcome prices Not later than 1 year after the date on which a watershed pilot is established, the Secretary and the management team for the watershed pilot shall set and publish minimum per-unit outcome prices. (h) Use of advance watershed analytics The Secretary and the management team for each watershed pilot shall use advance watershed analytics throughout the planning, implementation, measuring, and monitoring of outcomes within the watershed pilot. (i) Authority for additional pilots and agencies The Chair of the Council on Environmental Quality, in consultation with the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, shall approve— (1) the establishment of more than 5 watershed pilots under this section; and (2) the participation in watershed pilots under this section of a Federal department or agency other than those described in subsection (a). 4. Financing and funding of watershed pilots (a) Use of pay-For-Performance contracts In carrying out a watershed pilot, the head of a Federal department or agency participating in the watershed pilot shall enter into a pay-for-performance contract to achieve outcome-based goals described in the plan developed for the watershed pilot. (b) Flexibility under existing programs The head of each Federal department or agency participating in a watershed pilot shall modify, expand, or streamline eligibility and verification criteria for existing Federal financial sources to maximize flexibility, speed, and use of Federal funds in the most effective manner to achieve outcomes under the watershed pilot. (c) Environmental outcomes funds (1) In general The head of each Federal department or agency participating in a watershed pilot shall establish an Environmental Outcomes Fund. (2) Use of fund Amounts in a Fund shall only be expended on pay-for-performance contracts under a watershed pilot. (3) Criteria Amounts in a Fund shall be expended in accordance with— (A) this Act, including the plan developed for the applicable watershed pilot; and (B) criteria established by the Secretary and the management team for the applicable watershed pilot, which shall include criteria for— (i) eligibility of qualifying projects; (ii) types of qualifying projects; (iii) the timing of the disbursement of funds; and (iv) such other matters as the Secretary and the management team determine to be appropriate. (4) Mandatory funding (A) In general Out of any funds in the Treasury not otherwise appropriated, on October 1, 2022, and on each October 1 thereafter through October 1, 2027, the Secretary of the Treasury shall transfer $15,000,000 to the head of each Federal department or agency to be deposited in the Fund. (B) Receipt and acceptance The head of a Federal department or agency described in subparagraph (A) shall be entitled to receive, shall accept, and shall deposit into the Fund for use in accordance with this subsection the funds transferred under subparagraph (A), without further appropriation. (5) Report to congress If a watershed pilot is established as a permanent program, the Secretary may submit to Congress recommendations for modifications to funding levels and a permanent authorization of funding for the permanent program. (d) Cost-Share waiver Any otherwise applicable cost-share requirements for existing Federal financial resources, including under section 212(a)(1) of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1729(a)(1) ), shall be waived for watershed pilots carried out using amounts made available under this Act. 5. Reports (a) Definition of appropriate committees of congress In this section, the term appropriate committees of Congress means— (1) of the Senate— (A) the Committee on Appropriations; (B) the Committee on Environment and Public Works; and (C) the Committee on Agriculture, Nutrition, and Forestry; and (2) of the House of Representatives— (A) the Committee on Appropriations; (B) the Committee on Natural Resources; (C) the Committee on Agriculture; and (D) the Select Committee on the Climate Crisis. (b) Annual reports The Secretary shall, not later than the date on which the budget of the United States Government is submitted by the President under section 1105 of title 31, United States Code, for each fiscal year for which the watershed pilot is being carried out, submit to the appropriate committees of Congress a report describing the status of each watershed pilot, including progress towards the milestones described in section 3(d)(2)(A). (c) 5-Year report Not later than October 1 of the fifth fiscal year in which a watershed pilot is carried out under section 3, the Secretary shall submit to the appropriate committees of Congress a report describing, in accordance with the plan developed for the applicable watershed pilot— (1) a summary of— (A) the projected results of the watershed pilot in meeting the milestones described in section 3(d)(2)(A); (B) the projected outcomes of the watershed pilot described in that section; (C) the total amount of funds made available under the watershed pilot; (D) the type of funding expended under the watershed pilot; and (E) such other information as the Secretary determines to be appropriate; and (2) recommendations for continuing, terminating, or making permanent the watershed pilot. (d) Environmental outcomes funds (1) Agency heads The head of each Federal department or agency participating in a watershed pilot shall, not later than the date on which the budget of the United States Government is submitted by the President under section 1105 of title 31, United States Code, for each fiscal year for which the watershed pilot is being carried out, submit to the appropriate committees of Congress a report describing the outcomes achieved using amounts made available from, management of, and expenditures from, the Fund established by the agency head. (2) Inspectors general (A) Audit The Inspector General of each Federal department or agency participating in a watershed pilot shall conduct a biannual audit of the management of, and funding (including expenditures) relating to, the Fund established by the agency head for the purpose of ensuring proper and effective use of Federal funding by evaluating the effectiveness of the watershed pilot in achieving the plan developed for the watershed pilot, including an evaluation of the outcomes achieved and the Federal financial sources used to achieve those outcomes. (B) Reports The Inspector General of each Federal department or agency participating in a watershed pilot shall, not later than the date on which the budget of the United States Government is submitted by the President under section 1105 of title 31, United States Code, for each fiscal year for which the watershed pilot is being carried out, submit to the appropriate committees of Congress a report describing the 2 audits most recently conducted under subparagraph (A). 6. Duration Each watershed pilot shall terminate on the date that is 5 years after the date on which the notification is submitted under section 3(e) with respect to that watershed pilot. 7. Authorization of appropriations There are authorized to be appropriated— (1) for each watershed pilot, $15,000,000 for each of fiscal years 2022 through 2027, which shall be in addition to the amounts made available under section 4(c)(4); and (2) to carry out advance watershed analytics for each watershed pilot, $2,000,000 for each of fiscal years 2022 through 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s2807is/xml/BILLS-117s2807is.xml |
117-s-2808 | II 117th CONGRESS 1st Session S. 2808 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Ms. Collins (for herself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide compensation for United States victims of Libyan state-sponsored terrorism, and for other purposes.
1. Short title This Act may be cited as the Justice for the Living Victims of Lockerbie Act . 2. Defined term In this Act, the term compensable living victim of Libyan state-sponsored terrorism means an individual who— (1) is a United States person; (2) was 45 years of age or older on December 3, 1991; (3) was employed by Pan American World Airways, Inc., on December 3, 1991; (4) was a named claimant in Abbott et al. v. Socialist People’s Libyan Arab Jamahiriya (case number 1:94–cv–02444–SS) in the United States District Court for the District of Columbia; and (5) was alive on August 14, 2008. 3. Living Victims of Lockerbie Claims Trust Fund (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall establish, in the Treasury of the United States, a trust fund, to be known as the Living Victims of Lockerbie Claims Trust Fund (in this section referred to as the Fund ) for the payment of claims submitted by compensable living victims of Libyan state-sponsored terrorism under section 4. (b) Authorization of appropriations Once the Fund is established pursuant to subsection (a), there shall be appropriated to the Fund, out of any money in the Treasury of the United States not otherwise appropriated, $20,000,000 for fiscal year 2022, which shall be made available to provide compensation to compensable living victims of Libyan state-sponsored terrorism. 4. Compensation for living victims of Libyan state-sponsored terrorism (a) Certification by the Foreign Claims Settlement Commission The Foreign Claims Settlement Commission shall— (1) not later than 30 days after the date of the enactment of this Act, publish in the Federal Register a notice of a process for filing claims on behalf of compensable living victims of Libyan state-sponsored terrorism, which shall include a deadline for the filing of claims of not later than the date that is 60 days after the date of publication of the notice; (2) not later than 60 days after the end of the period for filing claims described in paragraph (1)— (A) determine if each individual who submitted a claim under that paragraph is a compensable living victim of Libyan state-sponsored terrorism; and (B) approve the claim of each individual the Commission determines under subparagraph (A) to be a compensable living victim of Libyan state-sponsored terrorism; and (3) upon approving a claim under paragraph (2)(B), certify approval of the claim to the Secretary of the Treasury for purposes of authorization of payment under subsection (b). (b) Payments authorized Upon receiving a certification from the Foreign Claims Settlement Commission under subsection (a)(3), the Secretary of the Treasury shall make payments from the Fund to compensable living victims of Libyan state-sponsored terrorism in accordance with subsection (c). (c) Compensation (1) In general Upon a certification by the Foreign Claims Settlement Commission under subsection (a)(3) of the claim of a compensable living victim of Libyan state-sponsored terrorism, the claimant (or, in the case of a deceased claimant, the personal representative of the claimant’s estate) shall be entitled to an award in an amount equal to— (A) $20,000,000, divided by (B) the total number of claims certified under subsection (a)(3). (2) Representative If a putative claimant that otherwise qualifies for compensation under this section is deceased, a personal representative may bring a claim on behalf of the estate of the claimant. | https://www.govinfo.gov/content/pkg/BILLS-117s2808is/xml/BILLS-117s2808is.xml |
117-s-2809 | II Calendar No. 136 117th CONGRESS 1st Session S. 2809 IN THE SENATE OF THE UNITED STATES September 22 (legislative day, September 21), 2021 Mr. Scott of Florida (for himself, Mr. Toomey , Mr. Tillis , Mr. Johnson , Mr. Braun , Mr. Hagerty , Mr. Cruz , Mr. Cramer , Mrs. Capito , Mr. Rubio , Mr. Barrasso , Mr. Hoeven , and Mr. Inhofe ) introduced the following bill; which was read the first time September 22, 2021 Read the second time and placed on the calendar A BILL To protect social security benefits and military pay and require that the United States Government to prioritize all obligations on the debt held by the public in the event that the debt limit is reached.
1. Short title This Act may be cited as the Full Faith and Credit Act . 2. Prioritize obligations on the debt held by the public, social security benefits, medicare, veterans, and military pay If the debt of the United States Government reaches the statutory limit under section 3101 of title 31, United States Code, the following obligations shall take equal priority over all other obligations incurred by the United States Government: (1) The authority of the Department of the Treasury provided under section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public. (2) The authority of the Commissioner of Social Security to pay monthly old-age, survivors', and disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ). (3) The payment of pay and allowances for members of the Armed Forces on active duty and members of the United States Coast Guard. (4) The payment of compensation and pensions, and payments for medical services, provided by the Department of Veterans Affairs. (5) The Medicare programs under parts A, B, C, and D of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ). 3. Limited debt limit authority (a) In general If the Secretary of the Treasury determines, after consultation with the Director of the Office of Management and Budget, that incoming revenue will not be sufficient to pay the priority obligations specified under section 2 over an upcoming 2-week period during a period during which the debt of the United States Government has reached the statutory limit under section 3101 of title 31, United States Code— (1) the Secretary, in coordination with the Director of the Office of Management and Budget, shall notify Congress of the amount of the expected revenue shortfall from the revenue required to pay in full the priority obligations specified under section 2 for such 2-week period; and (2) the amount of the limit on debt held by the public under section 3101 of title 31, United States Code, shall be increased by the amount of the expected revenue shortfall. (b) Excess revenue If incoming revenue exceeds the amount projected under subsection (a), any amount in excess shall be held in reserve and applied to the following 2-week period.
September 22, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s2809pcs/xml/BILLS-117s2809pcs.xml |
117-s-2810 | II 117th CONGRESS 1st Session S. 2810 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Manchin (for himself, Mr. Brown , Mr. Kaine , Mr. Casey , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to ensure the solvency of the Black Lung Disability Trust Fund by extending the excise tax on coal.
1. Short title This Act may be cited as the Black Lung Benefits Disability Trust Fund Solvency Act of 2021 . 2. Extension of black lung disability trust fund excise tax (a) In general Section 4121(e)(2)(A) of the Internal Revenue Code of 1986 is amended by striking December 31, 2021 and inserting December 31, 2031 . (b) Effective date The amendments made by this section shall apply on and after the first day of the first calendar month beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2810is/xml/BILLS-117s2810is.xml |
117-s-2811 | II 117th CONGRESS 1st Session S. 2811 IN THE SENATE OF THE UNITED STATES September 23, 2021 Ms. Sinema (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to carry out a pilot program to pre-program suicide prevention resources into smart devices issued to members of the Armed Forces.
1. Short title This Act may be cited as the Military Suicide Prevention in the 21st Century Act . 2. Findings Congress finds the following: (1) Although personal electronic devices, such as mobile phones, computers, and tablets, increasingly are being leveraged as vehicles for health in the civilian world, almost nothing is known about personal technology use among members of the Armed Forces. (2) The Defense Health Agency created the Virtual Hope Box application to help members of the Armed Forces build resilience. (3) Users of the Virtual Hope Box application reported significantly greater ability to cope with unpleasant emotions and thoughts. (4) Members of the Armed Forces who are behavioral health patients experiencing distress, emotional dysregulation, or suicidal ideation are often separated from direct clinical support when they need it. (5) The Virtual Hope Box application offers a highly portable, accessible, and discreet tool for effectively increasing coping self-efficacy. (6) A strongly linked chain of care depends on engaged leaders as well as highly competent first responders, crisis hotline workers, emergency department personnel, chaplains, primary care clinicians, and behavioral health clinicians. 3. Pilot program on pre-programming of suicide prevention resources into smart devices issued to members of the Armed Forces (a) In general Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which the Secretary— (1) pre-downloads the Virtual Hope Box application of the Defense Health Agency, or successor application, on smart devices individually issued to members of the Armed Forces; (2) pre-programs the National Suicide Hotline number and Veterans Crisis Line number into the contacts for such devices; and (3) provides training, as part of training on suicide awareness and prevention conducted throughout the Department of Defense, on the preventative resources described in paragraphs (1) and (2). (b) Duration The Secretary shall carry out the pilot program under this section for a two-year period. (c) Scope The Secretary shall determine the appropriate scope of individuals participating in the pilot program under this section to best represent each Armed Force and to ensure a relevant sample size. (d) Identification of other resources In carrying out the pilot program under this section, the Secretary shall coordinate with the Director of the Defense Health Agency and the Secretary of Veterans Affairs to identify other useful technology-related resources for use in the pilot program. (e) Report Not later than 30 days after completing the pilot program under this section, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. (f) Veterans crisis line defined In this section, the term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s2811is/xml/BILLS-117s2811is.xml |
117-s-2812 | II 117th CONGRESS 1st Session S. 2812 IN THE SENATE OF THE UNITED STATES September 23, 2021 Ms. Rosen (for herself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to establish a small business start-up tax credit for veterans creating businesses in underserved communities.
1. Short title This Act may be cited as the Veterans Jobs Opportunity Act . 2. Veteran small business start-up credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Veteran small business start-up credit (a) In general For purposes of section 38, the veteran small business start-up credit determined under this section for any taxable year is an amount equal to 15 percent of so much of the qualified start-up expenditures paid or incurred by the taxpayer during such taxable year with respect to an applicable veteran-owned business as does not exceed $50,000. (b) Definitions For purposes of this section— (1) Applicable veteran-owned small business The term applicable veteran-owned small business means a small business— (A) owned and controlled by 1 or more veterans or spouses of veterans, and (B) the principal place of business of which is in an underserved community. (2) Ownership and control The term owned and controlled means— (A) with respect to any of the individuals described in paragraph (1)(A), that the conduct of any trade or business of the small business is not a passive activity (as defined in section 469(c)), and (B) with respect to the small business— (i) such small business is a sole proprietorship, (ii) if such small business is a corporation, ownership (by vote or value) by the individuals described in paragraph (1)(A) of greater than 50 percent of the stock in such corporation, or (iii) if such small business is a partnership, ownership by the individuals described in paragraph (1)(A) of greater than 50 percent of the profits interests or capital interests in such partnership. (3) Qualified start-up expenditures The term qualified start-up expenditures means— (A) any start-up expenditures (as defined in section 195(c)), and (B) any amounts paid or incurred during the taxable year for the purchase or lease of real property, or the purchase of personal property, placed in service during the taxable year and used in the active conduct of a trade or business. (4) Small business (A) In general The term small business means, with respect to any taxable year, any person engaged in a trade or business in the United States if— (i) the gross receipts of such person for the preceding taxable year did not exceed $5,000,000, or (ii) in the case of a person to which clause (i) does not apply, such person employed not more than 50 full-time employees during the preceding taxable year. (B) Full-time employee For purposes of subparagraph (A)(ii), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 20 or more calendar weeks in the taxable year. (5) Underserved community The term underserved community means any area located within— (A) a HUBZone (as defined in section 3(p) of the Small Business Act ( 15 U.S.C. 632(p) ), as in effect on the date of enactment of this section), (B) an empowerment zone, or enterprise community, designated under section 1391 (and without regard to whether or not such designation remains in effect), (C) an area of low income or moderate income (as recognized by the Federal Financial Institutions Examination Council), or (D) a county with persistent poverty (as classified by the Economic Research Service of the Department of Agriculture). (6) Veteran or spouse of veteran The term veteran or spouse of a veteran has the meaning given such term by section 7(a)(31)(G)(ii) of the Small Business Act ( 15 U.S.C. 636(a)(31)(G)(ii) , as in effect on the date of enactment of this section). (c) Special rules For purposes of this section— (1) Election to take credit No credit shall be allowed under subsection (a) for any expenditures unless the taxpayer elects to have this section apply to such expenditures. (2) Year of election The taxpayer may elect the application of this section only for the first 2 taxable years for which ordinary and necessary expenses paid or incurred in carrying on such trade or business are allowable as a deduction by the taxpayer under section 162. (3) Controlled groups and common control All persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person. (4) No double benefit If a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit attributable to such property. . (b) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45U. Veteran small business start-up credit. . (c) Part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the veteran small business start-up credit determined under section 45U. . (d) Report by Treasury Inspector General for Tax Administration Every fourth year after the date of the enactment of this Act, the Treasury Inspector General for Tax Administration shall include in one of the semiannual reports under section 5 of the Inspector General Act of 1978 with respect to such year, an evaluation of the credit allowed under section 45U of the Internal Revenue Code of 1986 (as added by this section), including an evaluation of the success of, and accountability with respect to, such credit. (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2812is/xml/BILLS-117s2812is.xml |
117-s-2813 | II 117th CONGRESS 1st Session S. 2813 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Cassidy introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To create a mandatory safety standard to require portable generators to meet certain standards relating to carbon monoxide, and for other purposes.
1. Short title This Act may be cited as the Safe Generators Save Lives Act . 2. Mandatory product safety standard for portable generators (a) Final standard for portable generators (1) Mandatory standard Not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall promulgate, in accordance with section 553 of title 5, United States Code, a final consumer product safety standard for portable generators to protect consumers from death or injury relating to the use of such generators. (2) Requirements The final standard promulgated under paragraph (1) shall incorporate requirements that are substantially the same as each of the following: (A) The requirements of the— (i) American National Standard for Carbon Monoxide Emission Rate of Portable Generators (ANSI/UL 2201), or any related successor standard, that relate to carbon monoxide concentration limits; or (ii) American National Standard for Safety and Performance of Portable Generators (ANSI/PGMA G300–2018), or any related successor standard, except where such requirements conflict with any other requirement under this paragraph. (B) A requirement that a portable generator shall include clear and conspicuous labeling marking the direction of exhaust, and a label indicating that portable generators should not be used inside. (C) A requirement that the cord of a portable generator may not be shorter than 30 feet in length. (D) A requirement relating to the shutoff capability of a portable generator in an elevated carbon monoxide environment. (E) Other shutoff requirements and test specifications the Commission determines necessary to protect consumers from the risk of injury relating to the use of portable generators. (3) Compliance dates The Commission shall include in the final standard promulgated under paragraph (1) a compliance date that is not later than 1 year after the date of such promulgation, by which portable generators shall comply with the final standard. (4) Review and revision of standard Beginning 1 year after the date of the promulgation of the final standard under paragraph (1) and not less frequently than every 5 years thereafter, the Commission shall review and revise such standard to ensure the highest level of safety feasible with respect to portable generators. (5) Treatment of standard The final standard promulgated under paragraph (1), including any revision of such standard made pursuant to paragraph (4), shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act ( 15 U.S.C. 2058 ). (b) Violation Failure to comply with subsection (a) shall be treated as a violation of section 19 of the Consumer Product Safety Act ( 15 U.S.C. 2068 ). | https://www.govinfo.gov/content/pkg/BILLS-117s2813is/xml/BILLS-117s2813is.xml |
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