The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 1050. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. AMENDMENTS TO CONTRACTING AUTHORITY FOR CERTAIN
SMALL BUSINESS CONCERNS.
(a) Socially and Economically Disadvantaged Small Business Concerns.--Section 8(a)(1)(D)(i)(II) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)(II)) is amended--
(1) by inserting ``(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) by inserting ``(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(b) Certain Small Business Concerns Owned and Controlled by Women.--Section 8(m) of the Small Business Act (15 U.S.C.637(m)) is amended--
(1) in paragraph (7)(B)--
(A) in clause (i), by inserting ``(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$4,000,000''; and
(2) in paragraph (8)(B)--
(A) in clause (i), by inserting ``(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(B) in clause (ii), by inserting ``(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$4,000,000''.
(c) Qualified Hubzone Small Business Concerns.--Section 31(c)(2)(A)(ii) of the Small Business Act (15 U.S.C. 657a(c)(2)(A)(ii)) is amended--
(1) in subclause (I), by inserting ``(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subclause (II), by inserting ``(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(d) Small Business Concerns Owned and Controlled by Service-disabled Veterans.--Section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2)) is amended--
(1) in subparagraph (A), by inserting ``(or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$7,000,000''; and
(2) in subparagraph (B), by inserting ``(or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation)'' after
``$3,000,000''.
(e) Certain Veteran-owned Concerns.--Section 8127(c) of title 38, United States Code, is amended by striking
``$5,000,000'' and inserting ``the dollar thresholds under section 36(c)(2) of the Small Business Act (15 U.S.C. 657f(c)(2))''.
______
SA 1051. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 1299L. LEGAL PREPAREDNESS FOR SERVICEMEMBERS ABROAD.
(a) Review Required.--Not later than December 31, 2024, the Secretary of State, in coordination with the Secretary of Defense, shall--
(1) review the 10 largest foreign countries by United States Armed Forces presence and evaluate local legal systems, protections afforded by bilateral agreements between the United States and countries being evaluated, and how the rights and privileges afforded under such agreements may differ from United States law; and
(2) brief the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate on the findings of the review.
(b) Training Required.--The Secretary of Defense shall review and improve as necessary training and educational materials for members of the Armed Forces, their spouses, and dependents, as appropriate, who are stationed in a country reviewed pursuant to subsection (a)(1) regarding relevant foreign laws, how such foreign laws may differ from the laws of the United States, and the rights of accused in common scenarios under such foreign laws.
(c) Translation Standards and Readiness.--The Secretary of Defense, in coordination with the Secretary of State, shall review foreign language standards for servicemembers and employees of the Department of Defense and Department of State who are responsible for providing foreign language translation services in situations involving foreign law enforcement where a servicemember may be being detained, to ensure such persons maintain an appropriate proficiency in the legal terminology and meaning of essential terms in a relevant language.
______
SA 1052. Mr. WARNER (for himself and Mr. Scott of Florida) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part III of subtitle B of title XXVIII, add the following:
SEC. 2853. IMPLEMENTATION OF COMPTROLLER GENERAL
RECOMMENDATIONS REGARDING MILITARY HOUSING.
(a) Work Order Data for Privatized Military Housing.--The Secretary of Defense shall ensure that the Assistant Secretary of Defense for Sustainment, not later than one year after the date of the enactment of this Act--
(1) requires the military departments to establish a process to validate data collected by privatized military housing partners to better ensure the reliability and validity of work order data and to allow for more effective use of such data for monitoring and tracking purposes; and
(2) provides in future reports to Congress additional explanation of such work order data collected and reported, such as explaining the limitations of available survey data, how resident satisfaction was calculated, and reasons for any missing data.
(b) Finances for Privatized Military Housing Projects.--The Secretary of Defense shall ensure that the Assistant Secretary of Defense for Energy, Installations, and Environment, not later than one year after the date of the enactment of this Act, takes steps to resume issuing required reports to Congress on the financial condition of privatized military housing in a timely manner.
(c) Privatized Military Housing Defined.--In this section, the term ``privatized military housing'' means military housing provided under subchapter IV of chapter 169 of title 10, United States Code.
______
SA 1053. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION _--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Intelligence Authorization Act for Fiscal Year 2024''.
(b) Table of Contents.--The table of contents for this division is as follows:
DIVISION _--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies.
Sec. 302. Policy and performance framework for mobility of intelligence community workforce.
Sec. 303. In-State tuition rates for active duty members of the intelligence community.
Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys.
Sec. 305. Improving administration of certain post-employment restrictions for intelligence community.
Sec. 306. Mission of the National Counterintelligence and Security
Center.
Sec. 307. Prohibition relating to transport of individuals detained at
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 308. Department of Energy science and technology risk assessments.
Sec. 309. Congressional oversight of intelligence community risk assessments.
Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document.
Sec. 311. Office of Intelligence and Analysis.
Subtitle B--Central Intelligence Agency
Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central
Intelligence Agency installations.
Sec. 322. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China.
Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's
Republic of China.
Sec. 404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of China.
Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States.
Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern.
Subtitle B--Other Foreign Countries
Sec. 411. Report on efforts to capture and detain United States citizens as hostages.
Sec. 412. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 501. Assignment of detailees from intelligence community to
Department of Commerce.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China.
Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities.
Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities.
TITLE VI--WHISTLEBLOWER MATTERS
Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community.
Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community.
Sec. 603. Establishing process parity for adverse security clearance and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations.
Sec. 605. Modification and repeal of reporting requirements.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Classification and declassification of information.
Sec. 704. Transparency officers.
Subtitle B--Sensible Classification Act of 2023
Sec. 711. Short title.
Sec. 712. Definitions.
Sec. 713. Findings and sense of the Senate.
Sec. 714. Classification authority.
Sec. 715. Promoting efficient declassification review.
Sec. 716. Training to promote sensible classification.
Sec. 717. Improvements to Public Interest Declassification Board.
Sec. 718. Implementation of technology for classification and declassification.
Sec. 719. Studies and recommendations on necessity of security clearances.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 801. Review of shared information technology services for personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries to the brain.
Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents.
TITLE X--ELECTION SECURITY
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act of 2023.
TITLE XI--OTHER MATTERS
Sec. 1101. Modification of reporting requirement for All-domain Anomaly
Resolution Office.
Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024 for the conduct of the intelligence and intelligence-related activities of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2024 the sum of $658,950,000.
(b) Classified Authorization of Appropriations.--In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2024 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a).
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2024.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH
EXPERIENCE IN FINANCIAL INTELLIGENCE AND
EMERGING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of human capital of the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan for the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft.
(b) Elements.--The plan required by subsection (a) shall include the following elements:
(1) An assessment, including measurable benchmarks of progress, of current initiatives of the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies.
(2) An assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies.
(3) An identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills, and an identification of hiring or other reforms to resolve such challenges.
(4) A determination of whether the National Intelligence University has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies.
(5) A strategy, including measurable benchmarks of progress, to, by January 1, 2025, increase by 10 percent the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies.
SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF
INTELLIGENCE COMMUNITY WORKFORCE.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Secretary of Defense and the Director of the Office of Personnel Management as the Director of National Intelligence considers appropriate, develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community.
(b) Elements.--The policy and performance framework required by subsection (a) shall include processes with respect to the following:
(1) Human resources.
(2) Medical reviews.
(3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information).
SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF
THE INTELLIGENCE COMMUNITY.
(a) In General.--Section 135(d) of the Higher Education Act of 1965 (20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign Service Families Act of 2021
(Public Law 117-81), is further amended--
(1) in paragraph (1), by striking ``or'' after the semicolon;
(2) in paragraph (2), by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a member of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) (other than a member of the Armed Forces of the United States) who is on active duty for a period of more than 30 days.''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for the first period of enrollment at such institution that begins after July 1, 2026.
SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR
COUNTERINTELLIGENCE VULNERABILITY ASSESSMENTS
AND SURVEYS.
Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:
``(A) Counterintelligence vulnerability assessments and surveys.--To develop standards, criteria, and guidance for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats.''.
SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT
RESTRICTIONS FOR INTELLIGENCE COMMUNITY.
Section 304 of the National Security Act of 1947 (50 U.S.C. 3073a) is amended--
(1) in subsection (c)(1)--
(A) by striking ``A former'' and inserting the following:
``(A) In general.--A former''; and
(B) by adding at the end the following:
``(B) Prior disclosure to director of national intelligence.--
``(i) In general.--In the case of a former employee who occupies a covered post-service position in violation of subsection (a), whether the former employee voluntarily notified the Director of National Intelligence of the intent of the former employee to occupy such covered post-service position before occupying such post-service position may be used in determining whether the violation was knowing and willful for purposes of subparagraph (A).
``(ii) Procedures and guidance.--The Director of National Intelligence may establish procedures and guidance relating to the submittal of notice for purposes of clause (i).''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``the restrictions under subsection (a) and'' before ``the report requirements'';
(B) in paragraph (2), by striking ``ceases to occupy'' and inserting ``occupies''; and
(C) in paragraph (3)(B), by striking ``before the person ceases to occupy a covered intelligence position'' and inserting ``when the person occupies a covered intelligence position''.
SEC. 306. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER.
(a) In General.--Section 904 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
(1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Mission.--The mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities.''.
(b) Conforming Amendments.--
(1) Counterintelligence enhancement act of 2002.--Section 904 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
(A) in subsection (e), as redesignated by subsection
(a)(1), by striking ``Subject to subsection (e)'' both places it appears and inserting ``Subject to subsection (f)''; and
(B) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking ``subsection (d)(1)'' and inserting ``subsection (e)(1)''; and
(ii) in paragraph (2), by striking ``subsection (d)(2)'' and inserting ``subsection (e)(2)''.
(2) Counterintelligence and security enhancements act of 1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii)) is amended by striking ``section 904(d)(2) of that Act (50 U.S.C. 3383(d)(2))'' and inserting ``section 904(e)(2) of that Act (50 U.S.C. 3383(e)(2))''.
SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS
DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Definition of Individual Detained at Guantanamo.--In this section, the term ``individual detained at Guantanamo'' has the meaning given that term in section 1034(f)(2) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 971; 10 U.S.C. 801 note).
(b) Prohibition on Chartering Private or Commercial Aircraft to Transport Individuals Detained at United States Naval Station, Guantanamo Bay, Cuba.--No head of an element of the intelligence community may charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo.
SEC. 308. DEPARTMENT OF ENERGY SCIENCE AND TECHNOLOGY RISK
ASSESSMENTS.
(a) Definitions.--In this section:
(1) Country of risk.--
(A) In general.--The term ``country of risk'' means a foreign country determined by the Secretary, in accordance with subparagraph (B), to present a risk of theft of United States intellectual property or a threat to the national security of the United States if nationals of the country, or entities owned or controlled by the country or nationals of the country, participate in any research, development, demonstration, or deployment activity authorized under this Act or an amendment made by this Act.
(B) Determination.--In making a determination under subparagraph (A), the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence, shall take into consideration--
(i) the most recent World Wide Threat Assessment of the United States Intelligence Community, prepared by the Director of National Intelligence; and
(ii) the most recent National Counterintelligence Strategy of the United States.
(2) Covered support.--The term ``covered support'' means any grant, contract, subcontract, award, loan, program, support, or other activity authorized under this Act or an amendment made by this Act.
(3) Entity of concern.--The term ``entity of concern'' means any entity, including a national, that is--
(A) identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note; Public Law 105-261);
(B) identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116-283);
(C) on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations;
(D) included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 (Public Law 116-145; 134 Stat. 656); or
(E) identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat--
(i) to the national security of the United States; or
(ii) of theft or loss of United States intellectual property.
(4) National.--The term ``national'' has the meaning given the term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(5) Secretary.--The term ``Secretary'' means the Secretary of Energy.
(b) Science and Technology Risk Assessment.--
(1) In general.--The Secretary shall develop and maintain tools and processes to manage and mitigate research security risks, such as a science and technology risk matrix, informed by threats identified by the Director of the Office of Intelligence and Counterintelligence, to facilitate determinations of the risk of loss of United States intellectual property or threat to the national security of the United States posed by activities carried out under any covered support.
(2) Content and implementation.--In developing and using the tools and processes developed under paragraph (1), the Secretary shall--
(A) deploy risk-based approaches to evaluating, awarding, and managing certain research, development, demonstration, and deployment activities, including designations that will indicate the relative risk of activities;
(B) assess, to the extent practicable, ongoing high-risk activities;
(C) designate an officer or employee of the Department of Energy to be responsible for tracking and notifying recipients of any covered support of unmanageable threats to United States national security or of theft or loss of United States intellectual property posed by an entity of concern;
(D) consider requiring recipients of covered support to implement additional research security mitigations for higher-risk activities if appropriate; and
(E) support the development of research security training for recipients of covered support on the risks posed by entities of concern.
(3) Annual updates.--The tools and processes developed under paragraph (1) shall be evaluated annually and updated as needed, with threat-informed input from the Office of Intelligence and Counterintelligence, to reflect changes in the risk designation under paragraph (2)(A) of research, development, demonstration, and deployment activities conducted by the Department of Energy.
(c) Entity of Concern.--
(1) Prohibition.--Except as provided in paragraph (2), no entity of concern, or individual that owns or controls, is owned or controlled by, or is under common ownership or control with an entity of concern, may receive, or perform work under, any covered support.
(2) Waiver of prohibition.--
(A) In general.--The Secretary may waive the prohibition under paragraph (1) if determined by the Secretary to be in the national interest.
(B) Notification to congress.--Not less than 2 weeks prior to issuing a waiver under subparagraph (A), the Secretary shall notify Congress of the intent to issue the waiver, including a justification for the waiver.
(3) Penalty.--
(A) Termination of support.--On finding that any entity of concern or individual described in paragraph (1) has received covered support and has not received a waiver under paragraph
(2), the Secretary shall terminate all covered support to that entity of concern or individual, as applicable.
(B) Penalties.--An entity of concern or individual identified under subparagraph (A) shall be--
(i) prohibited from receiving or participating in covered support for a period of not less than 1 year but not more than 10 years, as determined by the Secretary; or
(ii) instead of the penalty described in clause (i), subject to any other penalties authorized under applicable law or regulations that the Secretary determines to be in the national interest.
(C) Notification to congress.--Prior to imposing a penalty under subparagraph (B), the Secretary shall notify Congress of the intent to impose the penalty, including a description of and justification for the penalty.
(4) Coordination.--The Secretary shall--
(A) share information about the unmanageable threats described in subsection (a)(3)(E) with other Federal agencies; and
(B) develop consistent approaches to identifying entities of concern.
(d) International Agreements.--This section shall be applied in a manner consistent with the obligations of the United States under international agreements.
(e) Report Required.--Not later than 240 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that--
(1) describes--
(A) the tools and processes developed under subsection
(b)(1) and any updates to those tools and processes; and
(B) if applicable, the science and technology risk matrix developed under that subsection and how that matrix has been applied;
(2) includes a mitigation plan for managing risks posed by countries of risk with respect to future or ongoing research and development activities of the Department of Energy; and
(3) defines critical research areas, designated by risk, as determined by the Secretary.
SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY
RISK ASSESSMENTS.
(a) Risk Assessment Documents and Materials.--Except as provided in subsection (b), whenever an element of the intelligence community conducts a risk assessment arising from the mishandling or improper disclosure of classified information, the Director of National Intelligence shall, not later than 30 days after the date of the commencement of such risk assessment--
(1) submit to the congressional intelligence committees copies of such documents and materials as are--
(A) within the jurisdiction of such committees; and
(B) subject to the risk assessment; and
(2) provide such committees a briefing on such documents, materials, and risk assessment.
(b) Exception.--If the Director determines, with respect to a risk assessment described in subsection (a), that the documents and other materials otherwise subject to paragraph
(1) of such subsection (a) are of such a volume that submittal pursuant to such paragraph would be impracticable, the Director shall--
(1) in lieu of submitting copies of such documents and materials, submit a log of such documents and materials; and
(2) pursuant to a request by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a document or material included in such log, submit to such committee such copy.
SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY
FEDERAL BUREAU OF INVESTIGATION RICHMOND,
VIRGINIA, FIELD OFFICE OF CERTAIN DOCUMENT.
(a) Review Required.--Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall conduct a review of the actions and events, including any underlying policy direction, that served as a basis for the January 23, 2023, dissemination by the field office of the Federal Bureau of Investigation located in Richmond, Virginia, of a document titled ``Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities.''.
(b) Submittal to Congress.--The Inspector General of the Department of Justice shall submit the findings of the Inspector General with respect to the review required by subsection (a) to the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate.
(3) The Committee on the Judiciary, the Committee on Oversight and Accountability, and the Committee on Appropriations of the House of Representatives.
SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS.
Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at the end the following:
``(h) Prohibition.--
``(1) Definition.--In this subsection, the term `United States person' means a United States citizen, an alien known by the Office of Intelligence and Analysis to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by 1 or more foreign governments.
``(2) Collection of information from united states persons.--
``(A) In general.--Notwithstanding any other provision of law, the Office of Intelligence and Analysis may not engage in the collection of information or intelligence targeting any United States person except as provided in subparagraph
(B).
``(B) Exception.--Subparagraph (A) shall not apply to any employee, officer, or contractor of the Office of Intelligence and Analysis who is responsible for collecting information from individuals working for a State, local, or Tribal territory government or a private employer.''.
Subtitle B--Central Intelligence Agency
SEC. 321. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF
MENTAL HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON
CENTRAL INTELLIGENCE AGENCY INSTALLATIONS.
Section 15(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3515(b)) is amended, in the second sentence, by striking ``those specified in section 1315(c)(2) of title 40, United States Code'' and inserting ``the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18, United States Code''.
SEC. 322. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE
CENTRAL INTELLIGENCE AGENCY.
Section 3 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3503) is amended--
(1) in subsection (a), by striking ``sections'' and all that follows through ``session)'' and inserting ``sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10, United States Code'' and
(2) in subsection (d), by striking ``in paragraphs'' and all that follows through ``1947'' and inserting ``in sections 3201 through 3204 of title 10, United States Code, shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10, United States Code''.
SEC. 323. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY
STANDARD WORKPLACE SEXUAL MISCONDUCT COMPLAINT
INVESTIGATION PROCEDURE.
(a) Workplace Sexual Misconduct Defined.--The term
``workplace sexual misconduct''--
(1) means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when--
(A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(C) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; and
(2) includes sexual harassment and sexual assault.
(b) Standard Complaint Investigation Procedure.--Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall--
(1) establish a standard workplace sexual misconduct complaint investigation procedure;
(2) implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure; and
(3) submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees.
(c) Minimum Requirements.--The procedure established pursuant to subsection (b)(1) shall, at a minimum--
(1) identify the individuals and offices of the Central Intelligence Agency to which an employee of the Agency may bring a complaint of workplace sexual misconduct;
(2) detail the steps each individual or office identified pursuant to paragraph (1) shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken, including--
(A) documentation of the complaint;
(B) referral or notification to another individual or office;
(C) measures to document or preserve witness statements or other evidence; and
(D) preliminary investigation of the complaint;
(3) set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur; and
(4) for any complaint not referred to law enforcement, set forth standard criteria for determining--
(A) whether a complaint has been substantiated; and
(B) for any substantiated complaint, the appropriate disciplinary action.
(d) Annual Reports.--On or before April 30 of each year, the Director shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives an annual report that includes, for the preceding calendar year, the following:
(1) The number of workplace sexual misconduct complaints brought to each individual or office of the Central Intelligence Agency identified pursuant to subsection (c)(1), disaggregated by--
(A) complaints referred to law enforcement; and
(B) complaints substantiated.
(2) For each complaint described in paragraph (1) that is substantiated, a description of the disciplinary action taken by the Director.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR
ACCOUNTABILITY OF ATROCITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Atrocity.--The term ``atrocity'' means a crime against humanity, genocide, or a war crime.
(2) Foreign person.--The term ``foreign person'' means--
(A) any person or entity that is not a United States person; or
(B) any entity not organized under the laws of the United States or of any jurisdiction within the United States.
(3) United states person.--The term ``United States person'' has the meaning given that term in section 105A(c) of the National Security Act of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Accountability of Atrocities of the People's Republic of China.--
(1) Designation.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People's Republic of China (in this section referred to as the ``Coordinator'').
(2) Duties.--The Coordinator shall lead the efforts of and coordinate and collaborate with the intelligence community with respect to the following:
(A) Identifying and addressing any gaps in intelligence collection relating to atrocities of the People's Republic of China, including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection and by utilizing informal processes and collaborative mechanisms with key elements of the intelligence community to increase collection on atrocities of the People's Republic of China.
(B) Prioritizing and expanding the intelligence analysis with respect to ongoing atrocities of the People's Republic of China and disseminating within the United States Government intelligence relating to the identification and activities of foreign persons suspected of being involved with or providing support to atrocities of the People's Republic of China, including genocide and forced labor practices in Xinjiang, in order to support the efforts of other Federal agencies, including the Department of State, the Department of Justice, the Department of the Treasury, the Office of Foreign Assets Control, the Department of Commerce, the Bureau of Industry and Security, U.S. Customs and Border Protection, and the National Security Council, to hold the People's Republic of China accountable for such atrocities.
(C) Increasing efforts to declassify and share with the people of the United States and the international community information regarding atrocities of the People's Republic of China in order to expose such atrocities and counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities.
(D) Documenting and storing intelligence and other unclassified information that may be relevant to preserve as evidence of atrocities of the People's Republic of China for future accountability, and ensuring that other relevant Federal agencies receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of intelligence related to atrocities of the People's Republic of China, which may include the information from the annual report required by section 6504 of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117-263).
(E) Sharing information with the Forced Labor Enforcement Task Force, established under section 741 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4681), the Department of Commerce, and the Department of the Treasury for the purposes of entity listings and sanctions.
(3) Plan required.--Not later than 120 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress--
(A) the name of the official designated as the Coordinator pursuant to paragraph (1); and
(B) the strategy of the intelligence community for the collection and dissemination of intelligence relating to ongoing atrocities of the People's Republic of China, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2024, and annually thereafter until May 1, 2034, the Director shall submit to Congress a report detailing, for the year covered by the report--
(i) the analytical findings, changes in collection, and other activities of the intelligence community with respect to ongoing atrocities of the People's Republic of China;
(ii) the recipients of information shared pursuant to this section for the purpose of--
(I) providing support to Federal agencies to hold the People's Republic of China accountable for such atrocities; and
(II) sharing information with the people of the United States to counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities; and
(iii) with respect to clause (ii), the date of any such sharing.
(B) Form.--Each report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods.
(c) Sunset.--This section shall cease to have effect on the date that is 10 years after the date of the enactment of this Act.
SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN
EFFORTS OF THE PEOPLE'S REPUBLIC OF CHINA IN
AFRICA.
(a) Establishment.--
(1) In general.--The Director of National Intelligence, in consultation with such heads of elements of the intelligence community as the Director considers appropriate, shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the People's Republic of China in Africa.
(2) Establishment flexibility.--The working group established under paragraph (1) may be--
(A) independently established; or
(B) to avoid redundancy, incorporated into existing working groups or cross-intelligence efforts within the intelligence community.
(b) Report.--
(1) Definition of appropriate committees of congress.--In this subsection, the term ``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(2) In general.--Not later than 120 days after the date of the enactment of this Act, and twice annually thereafter, the working group established under subsection (a) shall submit to the appropriate committees of Congress a report on the specific tactics and capabilities of the People's Republic of China in Africa.
(3) Elements.--Each report required by paragraph (2) shall include the following elements:
(A) An assessment of efforts by the Government of the People's Republic of China to exploit mining and reprocessing operations in Africa.
(B) An assessment of efforts by the Government of the People's Republic of China to provide or fund technologies in Africa, including--
(i) telecommunications and energy technologies, such as advanced reactors, transportation, and other commercial products; and
(ii) by requiring that the People's Republic of China be the sole provider of such technologies.
(C) An assessment of efforts by the Government of the People's Republic of China to expand intelligence capabilities in Africa.
(D) A description of actions taken by the intelligence community to counter such efforts.
(E) An assessment of additional resources needed by the intelligence community to better counter such efforts.
(4) Form.--Each report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary.
(c) Sunset.--The requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY
INTELLIGENCE COMMUNITY WORKING GROUP FOR
MONITORING THE ECONOMIC AND TECHNOLOGICAL
CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
Section 6503(c)(3)(D) of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117-263) is amended by striking ``the top 200'' and inserting ``all the known''.
SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP
BETWEEN THE UNITED STATES AND THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the Director of National Intelligence and such other heads of elements of the intelligence community as the Assistant Secretary considers relevant, shall submit to Congress the following:
(1) A comprehensive assessment that identifies critical areas in the security, diplomatic, economic, financial, technological, scientific, commercial, academic, and cultural spheres in which the United States does not enjoy a reciprocal relationship with the People's Republic of China.
(2) A comprehensive assessment that describes how the lack of reciprocity between the People's Republic of China and the United States in the areas identified in the assessment required by paragraph (1) provides advantages to the People's Republic of China.
(b) Form of Assessments.--
(1) Critical areas.--The assessment required by subsection
(a)(1) shall be submitted in unclassified form.
(2) Advantages.--The assessment required by subsection
(a)(2) shall be submitted in classified form.
SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS
TO IDENTIFY AND MITIGATE CHINESE COMMUNIST
PARTY AND RUSSIAN FOREIGN MALIGN INFLUENCE
OPERATIONS AGAINST THE UNITED STATES.
(a) Definitions.--In this section:
(1) Chinese entities engaged in foreign malign influence operations.--The term ``hinese entities engaged in foreign malign influence operations'' means all of the elements of the Government of the People's Republic of China and the Chinese Communist Party involved in foreign malign influence, such as--
(A) the Ministry of State Security;
(B) other security services of the People's Republic of China;
(C) the intelligence services of the People's Republic of China;
(D) the United Front Work Department and other united front organs;
(E) state-controlled media systems, such as the China Global Television Network (CGTN); and
(F) any entity involved in foreign malign influence operations that demonstrably and intentionally disseminate false information and propaganda of the Government of the People's Republic of China or the Chinese Communist Party.
(2) Russian malign influence actors.--The term ``Russian malign influence actors'' refers to entities or individuals engaged in foreign malign influence operations against the United States who are affiliated with--
(A) the intelligence and security services of the Russian Federation
(B) the Presidential Administration;
(C) any other entity of the Government of the Russian Federation; or
(D) Russian mercenary or proxy groups such as the Wagner Group.
(3) Foreign malign influence operation.--The term ``foreign malign influence operation'' means a coordinated and often concealed activity that is covered by the definition of the term ``foreign malign influence'' in section 119C of the National Security Act of 1947 (50 U.S.C. 3059) and uses disinformation, press manipulation, economic coercion, targeted investments, corruption, or academic censorship, which are often intended--
(A) to coerce and corrupt United States interests, values, institutions, or individuals; and
(B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People's Republic of China or the Chinese Communist Party.
(b) Briefing Required.--Not later than 120 days after the date of the enactment of this Act and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Director of the Foreign Malign Influence Center shall, in collaboration with the heads of the elements of the intelligence community, provide Congress a classified briefing on the ways in which the relevant elements of the intelligence community are working internally and coordinating across the intelligence community to identify and mitigate the actions of Chinese and Russian entities engaged in foreign malign influence operations against the United States, including against United States persons.
(c) Elements.--The classified briefing required by subsection (b) shall cover the following:
(1) The Government of the Russian Federation, the Government of the People's Republic of China, and the Chinese Communist Party tactics, tools, and entities that spread disinformation, misinformation, and malign information and conduct influence operations, information campaigns, or other propaganda efforts.
(2) A description of ongoing foreign malign influence operations and campaigns of the Russian Federation against the United States and an assessment of their objectives and effectiveness in meeting those objectives.
(3) A description of ongoing foreign malign influence operations and campaigns of the People's Republic of China against the United States and an assessment of their objectives and effectiveness in meeting those objectives.
(4) A description of any cooperation, information-sharing, amplification, or other coordination between the Russian Federation and the People's Republic of China in developing or carrying out foreign malign influence operations against the United States.
(5) A description of front organizations, proxies, cut- outs, aligned third-party countries, or organizations used by the Russian Federation or the People's Republic of China to carry out foreign malign influence operations against the United States.
(6) An assessment of the loopholes or vulnerabilities in United States law that Russia and the People's Republic of China exploit to carry out foreign malign influence operations.
(7) The actions of the Foreign Malign Influence Center, in coordination with the Global Engagement Center, relating to early-warning, information sharing, and proactive risk mitigation systems, based on the list of entities identified in subsection (a)(1), to detect, expose, deter, and counter foreign malign influence operations of the Government of the People's Republic of China or the Chinese Communist Party against the United States.
(8) The actions of the Foreign Malign Influence Center to conduct outreach, to identify and counter tactics, tools, and entities described in paragraph (1) by sharing information with allies and partners of the United States, in coordination with the Global Engagement Center, as well as State and local governments, the business community, and civil society in order to expose the political influence operations and information operations of the Government of the Russian Federation and the Government of the People's Republic of China or the Chinese Communist Party carried out against individuals and entities in the United States.
SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS
BY CRANES MANUFACTURED BY COUNTRIES OF CONCERN.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Financial Services, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(2) Country of concern.--The term ``country of concern'' has the meaning given that term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)).
(b) Assessment.--The Director of National Intelligence, in coordination with such other heads of the elements of the intelligence community as the Director considers appropriate and the Secretary of Defense, shall conduct an assessment of the threat posed to United States ports by cranes manufactured by countries of concern and commercial entities of those countries, including the Shanghai Zhenhua Heavy Industries Co. (ZPMC).
(c) Report and Briefing.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit a report and provide a briefing to the appropriate committees of Congress on the findings of the assessment required by subsection (b).
(2) Elements.--The report and briefing required by paragraph (1) shall outline the potential for the cranes described in subsection (b) to collect intelligence, disrupt operations at United States ports, and impact the national security of the United States.
(3) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Subtitle B--Other Foreign Countries
SEC. 411. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED
STATES CITIZENS AS HOSTAGES.
(a) Definition of Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(b) In General.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on efforts by the Maduro regime in Venezuela to detain United States citizens and lawful permanent residents.
(c) Elements.--The report required by subsection (b) shall include, regarding the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents, the following:
(1) The names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities.
(2) A description of any role played by transnational criminal organizations, and an identification of such organizations.
(3) Where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela.
(4) An analysis of the motive for the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents.
(5) The total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted.
(d) Form.--The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex.
SEC. 412. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN
NATIONAL INTELLIGENCE PRIORITIES FRAMEWORK.
It is the sense of Congress that the trafficking of illicit fentanyl, including precursor chemicals and manufacturing equipment associated with illicit fentanyl production and organizations that traffic or finance the trafficking of illicit fentanyl, originating from the People's Republic of China and Mexico should be among the highest priorities in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
SEC. 501. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY
TO DEPARTMENT OF COMMERCE.
(a) Authority.--In order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security of the Department of Commerce.
(b) Assignment.--Detailees assigned pursuant to subsection
(a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce.
(c) Expertise.--The Director shall ensure that detailees assigned pursuant to subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence.
(d) Duty Credit.--The detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND
TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
Section 6503(c)(3) of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended by adding at the end the following:
``(I) A detailed assessment, prepared in consultation with all elements of the working group--
``(i) of the investments made by the People's Republic of China in--
``(I) artificial intelligence;
``(II) next-generation energy technologies, especially small modular reactors and advanced batteries; and
``(III) biotechnology; and
``(ii) that identifies--
``(I) competitive practices of the People's Republic of China relating to the technologies described in clause (i);
``(II) opportunities to counter the practices described in subclause (I);
``(III) countries the People's Republic of China is targeting for exports of civil nuclear technology;
``(IV) countries best positioned to utilize civil nuclear technologies from the United States in order to facilitate the commercial export of those technologies;
``(V) United States vulnerabilities in the supply chain of these technologies; and
``(VI) opportunities to counter the export by the People's Republic of China of civil nuclear technologies globally.
``(J) An identification and assessment of any unmet resource or authority needs of the working group that affect the ability of the working group to carry out this section.''.
SEC. 512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR
INTELLIGENCE COMMUNITY CAPABILITIES.
(a) Assessment Required.--The Director of National Intelligence shall, in consultation with the heads of such other elements of the intelligence community as the Director considers appropriate, conduct an assessment of capabilities identified by the Intelligence Community Continuity Program established pursuant to section E(3) of Intelligence Community Directive 118, or any successor directive, or such other intelligence community facilities or intelligence community capabilities as may be determined by the Director to be critical to United States national security, that have unique energy needs--
(1) to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and
(2) to identify such additional resources, technologies, infrastructure, or authorities needed, or other potential obstacles, to commence use of a nuclear reactor to meet such needs.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate, and the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives a report, which may be in classified form, on the findings of the Director with respect to the assessment conducted pursuant to subsection (a).
SEC. 513. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR ARTIFICIAL INTELLIGENCE
CAPABILITIES.
(a) In General.--Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting
``subsection (c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Policies.--
``(1) In general.--In carrying out subsection (a)(1), not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024, the Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, the Director of the Office of Management and Budget, and such other officials as the Director of National Intelligence determines appropriate, shall establish the policies described in paragraph (2).
``(2) Policies described.--The policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that--
``(A) establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community;
``(B) establish guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by--
``(i) specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance;
``(ii) documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties;
``(iii) specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and
``(iv) specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability;
``(C) establish guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B);
``(D) establish documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community;
``(E) establish standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and
``(F) provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element.
``(3) Policy review and revision.--The Director of National Intelligence shall periodically review and revise each policy established under paragraph (1).''.
(b) Conforming Amendment.--Section 6712(b)(1) of such Act
(50 U.S.C. 3024 note) is amended by striking ``section 6702(b)'' and inserting ``section 6702(c)''.
TITLE VI--WHISTLEBLOWER MATTERS
SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION
BY WHISTLEBLOWERS IN THE INTELLIGENCE
COMMUNITY.
(a) Amendments to Chapter 4 of Title 5.--
(1) Appointment of security officers.--Section 416 of title 5, United States Code, is amended by adding at the end the following:
``(i) Appointment of Security Officers.--Each Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (b)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to employees and contractors described in subsection (b)(1) who intend to report to Congress complaints or information, so that such employees and contractors can obtain direction on how to report to Congress in accordance with appropriate security practices.''.
(2) Procedures.--Subsection (e) of such section is amended--
(A) in paragraph (1), by inserting ``or any other committee of jurisdiction of the Senate or the House of Representatives'' after ``either or both of the intelligence committees'';
(B) by amending paragraph (2) to read as follows:
``(2) Limitation.--
``(A) In general.--Except as provided in subparagraph (B), the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph
(1) of this subsection or in subsection (b)(4) only if the employee--
``(i) before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee's complaint or information and notice of the employee's intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and
``(ii)(I) obtains and follows, from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or
``(II) obtains and follows such procedural direction from the applicable security officer appointed under subsection
(i).
``(B) Lack of procedural direction.--If an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following:
``(3) Committee members and staff.--An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to congress.--Subsection (b) of such section is amended by adding at the end the following:
``(4) Clarification of right to report directly to congress.--Subject to paragraphs (2) and (3) of subsection
(e), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress.''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of the National Security Act of 1947 (50 U.S.C. 3033(j)) is amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other committee of jurisdiction of the Senate or the House of Representatives'' after ``either or both of the congressional intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee--
``(aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and
``(bb)(AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code.
``(II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern--
``(I) in lieu of reporting such complaint or information under clause (i); or
``(II) in addition to reporting such complaint or information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of 1949.--
(1) Appointment of security officers.--Section 17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of such section is amended--
(A) in clause (i), by inserting ``or any other committee of jurisdiction of the Senate or the House of Representatives'' after ``either or both of the intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee--
``(aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee's complaint or information and notice of the employee's intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and
``(bb)(AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or
``(BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code.
``(II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause.'';
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee.''.
(3) Clarification of right to report directly to congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of''; and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern--
``(I) in lieu of reporting such complaint or information under clause (i); or
``(II) in addition to reporting such complaint or information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section 2303 of title 5, United States Code.
SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER
IDENTITY AS REPRISAL AGAINST WHISTLEBLOWER
DISCLOSURE BY EMPLOYEES AND CONTRACTORS IN
INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and inserting a semicolon;
(B) by redesignating subparagraph (J) as subparagraph (K); and
(C) by inserting after subparagraph (I) the following:
``(J) a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection (b) or (c); or'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Personnel Actions Involving Disclosure of Whistleblower Identity.--A personnel action described in subsection (a)(3)(J) shall not be considered to be in violation of subsection (b) or (c) under the following circumstances:
``(1) The personnel action was taken with the express consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility for a covered intelligence community element determines that--
``(A) the personnel action was unavoidable under section 103H(g)(3)(A) of this Act (50 U.S.C. 3033(g)(3)(A)), section 17(e)(3)(A) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(e)(3)(A)), section 407(b) of title 5, United States Code, or section 420(b)(2)(B) of such title;
``(B) the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or
``(C) the personnel action was required by statute or an order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section 1104 of such Act (50 U.S.C. 3234) is amended by adding at the end the following:
``(5) Employee.--The term `employee', with respect to an agency or a covered intelligence community element, includes an individual who has been detailed to such agency or covered intelligence community element.''.
(c) Harmonization of Enforcement.--Subsection (g) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section.
``(2) Harmonization with other enforcement.--To the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section.''.
SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY
CLEARANCE AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if the individual has demonstrated that a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual.
``(ii) Circumstantial evidence.--An individual under clause
(i) may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that--
``(I) the official making the determination knew of the disclosure; and
``(II) the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination.
``(iii) Defense.--In determining whether the adverse security clearance or access determination violated paragraph
(1), the agency shall not find that paragraph (1) was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure.''.
SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR
RETALIATORY REVOCATION OF SECURITY CLEARANCES
AND ACCESS DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the second sentence, by striking ``not to exceed
$300,000''.
SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.
(a) Modification of Frequency of Whistleblower Notifications to Inspector General of the Intelligence Community.--Section 5334(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-92; 50 U.S.C. 3033 note) is amended by striking ``in real time'' and inserting ``monthly''.
(b) Repeal of Requirement for Inspectors General Reviews of Enhanced Personnel Security Programs.--
(1) In general.--Section 11001 of title 5, United States Code, is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(2) Technical corrections.--Subsection (d) of section 11001 of such title, as redesignated by paragraph (1)(B), is amended--
(A) in paragraph (3), by adding ``and'' after the semicolon at the end; and
(B) in paragraph (4), by striking ``; and'' and inserting a period.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Classification Reform Act of 2023''.
SEC. 702. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' means any Executive agency as defined in section 105 of title 5, United States Code, any military department as defined in section 102 of such title, and any other entity in the executive branch of the Federal Government that comes into the possession of classified information.
(2) Classify, classified, classification.--The terms
``classify'', ``classified'', and ``classification'' refer to the process by which information is determined to require protection from unauthorized disclosure pursuant to Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or previous and successor executive orders or similar directives, or section 703 in order to protect the national security of the United States.
(3) Classified information.--The term ``classified information'' means information that has been classified under Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or previous and successor executive orders or similar directives, or section 703.
(4) Declassify, declassified, declassification.--The terms
``declassify'', ``declassified'', and ``declassification'' refer to the process by which information that has been classified is determined to no longer require protection from unauthorized disclosure pursuant to Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or previous and successor executive orders or similar directives, or section 703.
(5) Information.--The term ``information'' means any knowledge that can be communicated, or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government.
SEC. 703. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--The President may, in accordance with this section, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch of the Federal Government when there is a demonstrable need to do so in order to protect the national security of the United States.
(b) Establishment of Standards and Procedures for Classification and Declassification.--
(1) Governmentwide procedures.--
(A) Classification.--The President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a).
(B) Declassification.--At the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified.
(C) Minimum requirements.--The procedures established pursuant to subparagraphs (A) and (B) shall--
(i) provide that information may be classified under this section, and may remain classified under this section, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information;
(ii) establish standards and criteria for the classification of information;
(iii) establish standards, criteria, and timelines for the declassification of information classified under this section;
(iv) provide for the automatic declassification of classified records with permanent historical value;
(v) provide for the timely review of materials submitted for pre-publication;
(vi) narrow the criteria for classification set forth under section 1.4 of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), as in effect on the day before the date of the enactment of this Act;
(vii) narrow the exemptions from automatic declassification set forth under section 3.3(b) of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), as in effect on the day before the date of the enactment of this Act;
(viii) provide a clear and specific definition of ``harm to national security'' as it pertains to clause (i); and
(ix) provide a clear and specific definition of
``intelligence sources and methods'' as it pertains to the categories and procedures under subparagraph (A).
(2) Agency standards and procedures.--
(A) In general.--The head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this section.
(B) Submittal to congress.--Each agency head shall submit to Congress the standards and procedures established by such agency head under subparagraph (A).
(c) Conforming Amendment to FOIA.--Section 552(b)(1) of title 5, United States Code, is amended to read as follows:
``(1)(A) specifically authorized to be classified under section 703 of the Intelligence Authorization Act for Fiscal Year 2024, or specifically authorized under criteria established by an Executive order to be kept secret in the interest of national security; and
``(B) are in fact properly classified pursuant to that section or Executive order;''.
(d) Effective Date.--
(1) In general.--Subsections (a) and (b) shall take effect on the date that is 180 days after the date of the enactment of this Act.
(2) Relation to presidential directives.--Presidential directives regarding classifying, safeguarding, and declassifying national security information, including Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, in effect on the day before the date of the enactment of this Act, as well as procedures issued pursuant to such Presidential directives, shall remain in effect until superseded by procedures issues pursuant to subsection (b).
SEC. 704. TRANSPARENCY OFFICERS.
(a) Designation.--The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the head of any other department, agency, or element of the executive branch of the Federal Government determined by the Privacy and Civil Liberties Oversight Board established by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) to be appropriate for coverage under this section, shall each designate at least 1 senior officer to serve as the principal advisor to assist such head of a department, agency, or element and other officials of the department, agency, or element of the head in identifying records of significant public interest and prioritizing appropriate review of such records in order to facilitate the public disclosure of such records in redacted or unredacted form.
(b) Determining Public Interest in Disclosure.--In assisting the head of a department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest under subsection (a), the senior officer designated by the head under such subsection shall consider whether--
(1) or not disclosure of the information would better enable United States citizens to hold Federal Government officials accountable for their actions and policies;
(2) or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution;
(3) or not disclosure of the information would assist Congress or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch of the Federal Government or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities;
(4) the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or
(5) or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Federal Government efficiency.
(c) Periodic Reports.--
(1) In general.--Each senior officer designated under subsection (a) shall periodically, but not less frequently than annually, submit a report on the activities of the officer, including the documents determined to be in the public interest for disclosure under subsection (b), to--
(A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate;
(B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; and
(C) the head of the department, agency, or element of the senior officer.
(2) Form.--Each report submitted pursuant to paragraph (1) shall be submitted, to the greatest extent possible, in unclassified form, with a classified annex as may be necessary.
Subtitle B--Sensible Classification Act of 2023
SEC. 711. SHORT TITLE.
This subtitle may be cited as the ``Sensible Classification Act of 2023''.
SEC. 712. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code.
(2) Classification.--The term ``classification'' means the act or process by which information is determined to be classified information.
(3) Classified information.--The term ``classified information'' means information that has been determined pursuant to Executive Order 12958 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.
(4) Declassification.--The term ``declassification'' means the authorized change in the status of information from classified information to unclassified information.
(5) Document.--The term ``document'' means any recorded information, regardless of the nature of the medium or the method or circumstances of recording.
(6) Downgrade.--The term ``downgrade'' means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level.
(7) Information.--The term ``information'' means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that is owned by, is produced by or for, or is under the control of the United States Government.
(8) Originate, originating, and originated.--The term
``originate'', ``originating'', and ``originated'', with respect to classified information and an authority, means the authority that classified the information in the first instance.
(9) Records.--The term ``records'' means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant.
(10) Security clearance.--The term ``security clearance'' means an authorization to access classified information.
(11) Unauthorized disclosure.--The term ``unauthorized disclosure'' means a communication or physical transfer of classified information to an unauthorized recipient.
(12) Unclassified information.--The term ``unclassified information'' means information that is not classified information.
SEC. 713. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--The Senate makes the following findings:
(1) According to a report released by the Office of the Director of Intelligence in 2020 titled ``Fiscal Year 2019 Annual Report on Security Clearance Determinations'', more than 4,000,000 individuals have been granted eligibility for a security clearance.
(2) At least 1,300,000 of such individuals have been granted access to information classified at the Top Secret level.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the classification system of the Federal Government is in urgent need of reform;
(2) the number of people with access to classified information is exceedingly high and must be justified or reduced;
(3) reforms are necessary to reestablish trust between the Federal Government and the people of the United States; and
(4) classification should be limited to the minimum necessary to protect national security while balancing the public's interest in disclosure.
SEC. 714. CLASSIFICATION AUTHORITY.
(a) In General.--The authority to classify information originally may be exercised only by--
(1) the President and, in the performance of executive duties, the Vice President;
(2) the head of an agency or an official of any agency authorized by the President pursuant to a designation of such authority in the Federal Register; and
(3) an official of the Federal Government to whom authority to classify information originally has been delegated pursuant to subsection (c).
(b) Scope of Authority.--An individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level.
(c) Delegation of Original Classification Authority.--An official of the Federal Government may be delegated original classification authority subject to the following:
(1) Delegation of original classification authority shall be limited to the minimum required to administer this section. Agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority.
(2) Authority to originally classify information at the level designated as ``Top Secret'' may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2).
(3) Authority to originally classify information at the level designated as ``Secret'' or ``Confidential'' may be delegated only by the President, in the performance of executive duties, the Vice President, or an agency head or official designated pursuant to subsection (a)(2), or the senior agency official described in section 5.4(d) of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, provided that official has been delegated ``Top Secret'' original classification authority by the agency head.
(4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs (1), (2), and
(3). Each delegation shall identify the official by name or position title.
(d) Training Required.--
(1) In general.--An individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph (2).
(2) Training described.--Training described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure.
(e) Exceptional Cases.--
(1) In general.--When an employee, contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that employee, contractor, licensee, certificate holder, or grantee to require classification, the information shall be protected in a manner consistent with Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order.
(2) Transmittal.--An employee, contractor, licensee, certificate holder, or grantee described in paragraph (1), who originates information described in such paragraph, shall promptly transmit such information to--
(A) the agency that has appropriate subject matter interest and classification authority with respect to this information; or
(B) if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information, the Director of the Information Security Oversight Office.
(3) Agency decisions.--An agency that receives information pursuant to paragraph (2)(A) or (4) shall decide within 30 days whether to classify this information.
(4) Information security oversight office action.--If the Director of the Information Security Oversight Office receives information under paragraph (2)(B), the Director shall determine the agency having appropriate subject matter interest and classification authority and forward the information, with appropriate recommendations, to that agency for a classification determination.
SEC. 715. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.
(a) In General.--Whenever an agency is processing a request pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'') or the mandatory declassification review provisions of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, and identifies responsive classified records that are more than 25 years of age as of December 31 of the year in which the request is received, the head of the agency shall review the record and process the record for declassification and release by the National Declassification Center of the National Archives and Records Administration.
(b) Application.--Subsection (a) shall apply--
(1) regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration; and
(2) without regard for any other provisions of law or existing agreements or practices between agencies.
SEC. 716. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.
(a) Definitions.--In this section:
(1) Over-classification.--The term ``over-classification'' means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the United States.
(2) Sensible classification.--The term ``sensible classification'' means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the United States.
(b) Training Required.--Each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to discourage over-classification and to promote sensible classification.
SEC. 717. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION
BOARD.
Section 703 of the Public Interest Declassification Act of 2000 (50 U.S.C. 3355a) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) A member of the Board whose term has expired may continue to serve until a successor is appointed and sworn in.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' before ``Any employee''; and
(B) by adding at the end the following:
``(2)(A) In addition to any employees detailed to the Board under paragraph (1), the Board may hire not more than 12 staff members.
``(B) There are authorized to be appropriated to carry out subparagraph (A) such sums as are necessary for fiscal year 2024 and each fiscal year thereafter.''.
SEC. 718. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND
DECLASSIFICATION.
(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Electronic Government (in this section referred to as the
``Administrator'') shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration--
(1) research a technology-based solution--
(A) utilizing machine learning and artificial intelligence to support efficient and effective systems for classification and declassification; and
(B) to be implemented on an interoperable and federated basis across the Federal Government; and
(2) submit to the President a recommendation regarding a technology-based solution described in paragraph (1) that should be adopted by the Federal Government.
(b) Staff.--The Administrator may hire sufficient staff to carry out subsection (a).
(c) Report.--Not later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report on the technology-based solution recommended by the Administrator under subsection (a)(2) and the President's decision regarding its adoption.
SEC. 719. STUDIES AND RECOMMENDATIONS ON NECESSITY OF
SECURITY CLEARANCES.
(a) Agency Studies on Necessity of Security Clearances.--
(1) Studies required.--The head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances.
(2) Reports required.--
(A) In general.--Not later than 1 year after the date of the enactment of this Act, each head of an agency that conducts a study under paragraph (1) shall submit to Congress a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate.
(B) Required elements.--Each report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following:
(i) The number of personnel eligible for access to information up to the ``Top Secret'' level.
(ii) The number of personnel eligible for access to information up to the ``Secret'' level.
(iii) Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1).
(iv) A description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions, commensurate with the size, needs, and mission of the agency.
(3) Industry.--This subsection shall apply to the Secretary of Defense in the Secretary's capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection.
(b) Director of National Intelligence Review of Sensitive Compartmented Information.--The Director of National Intelligence shall--
(1) review the number of personnel eligible for access to sensitive compartmented information; and
(2) submit to Congress a report on how the Director will ensure that the number of such personnel is limited to the minimum required.
(c) Agency Review of Special Access Programs.--Each head of an agency who is authorized to establish a special access program by Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or successor order, shall--
(1) review the number of personnel of the agency eligible for access to such special access programs; and
(2) submit to Congress a report on how the agency head will ensure that the number of such personnel is limited to the minimum required.
(d) Secretary of Energy Review of Q and L Clearances.--The Secretary of Energy shall--
(1) review the number of personnel of the Department of Energy granted Q and L access; and
(2) submit to Congress a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required
(e) Independent Reviews.--Not later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Information Security Oversight Office of the National Archives and Records Administration, the Director of National Intelligence, and the Public Interest Declassification Board shall each review the study or review, as the case may be.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES
FOR PERSONNEL VETTING.
(a) Definition of Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(b) In General.--Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting, including with respect to human resources, suitability, and security.
SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF
TRUST FOR PERSONNEL VETTING.
(a) Timeliness Standard.--
(1) In general.--The President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards.
(2) Quinquennial reviews.--Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent--
(A) review the standards established pursuant to paragraph
(1); and
(B) pursuant to such review--
(i) update such standards as the President considers appropriate; and
(ii) publish in the Federal Register such updates as may be made pursuant to clause (i).
(3) Conforming amendment.--Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended by striking subsection (g).
(b) Quarterly Reports on Implementation.--
(1) In general.--Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5, United States Code) with the standards established pursuant to subsection
(a).
(2) Disaggregation.--Each report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel.
(c) Complementary Standards for Intelligence Community.-- The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 (50 U.S.C. 3161 note; relating to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access to classified national security information) establish for the intelligence community standards complementary to those established pursuant to subsection (a).
SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST
DETERMINATIONS.
(a) Definition of Personnel Vetting Trust Determination.-- In this section, the term ``personnel vetting trust determination'' means any determination made by an executive branch agency as to whether an individual can be trusted to perform job functions or to be granted access necessary for a position.
(b) Annual Report.--Not later than March 30, 2024, and annually thereafter for 5 years, the Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Security, Suitability, and Credentialing Performance Accountability Council, shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available, disaggregated, to the greatest extent possible, by the following:
(1) Determinations of eligibility for national security- sensitive positions, separately noting--
(A) the number of individuals granted access to national security information; and
(B) the number of individuals determined to be eligible for but not granted access to national security information.
(2) Determinations of suitability or fitness for a public trust position.
(3) Status as a Government employee, a contractor employee, or other category.
(c) Elimination of Report Requirement.--Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended by striking subsection (h).
SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF
TRUSTED WORKFORCE 2.0.
Not later than 1 year after the date of the enactment of this Act, and once every 2 years thereafter until 2029, the Comptroller General of the United States shall administer a survey to such sample of Federal agencies, Federal contractors, and other persons that require security clearances to access classified information as the Comptroller General considers appropriate to assess--
(1) the strengths and weaknesses of the implementation of the Trusted Workforce 2.0 initiative; and
(2) the effectiveness of vetting Federal personnel while managing risk during the onboarding of such personnel.
SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO
CLASSIFIED INFORMATION SOLELY BECAUSE OF PAST
USE OF CANNABIS.
(a) Definitions.--In this section:
(1) Cannabis.--The term ``cannabis'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) Eligibility for access to classified information.--The term ``eligibility for access to classified information'' has the meaning given the term in the procedures established pursuant to section 801(a) of the National Security Act of 1947 (50 U.S.C. 3161(a)).
(b) Prohibition.--Notwithstanding any other provision of law, the head of an element of the intelligence community may not make a determination to deny eligibility for access to classified information to an individual based solely on the use of cannabis by the individual prior to the submission of the application for a security clearance by the individual.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY
THE CENTRAL INTELLIGENCE AGENCY FOR QUALIFYING
INJURIES TO THE BRAIN.
Section 19A(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) is amended by striking paragraph
(3) and inserting the following new paragraph:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a fiscal year may be made using any funds--
``(i) appropriated in advance specifically for payments under such paragraph; or
``(ii) reprogrammed in accordance with section 504 of the National Security Act of 1947 (50 U.S.C. 3094).
``(B) Budget.--For each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31, United States Code, an estimate of the funds required in that fiscal year to make payments under paragraph (2).''.
SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN
BENEFITS RELATING TO INJURIES TO THE BRAIN.
(a) In General.--Section 19A(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is amended--
(1) by striking ``Payments made'' and inserting the following:
``(A) In general.--Payments made''; and
(2) by adding at the end the following:
``(B) Relation to certain federal workers compensation laws.--Without regard to the requirements in sections (b) and
(c), covered employees need not first seek benefits provided under chapter 81 of title 5, United States Code, to be eligible solely for payment authorized under paragraph (2) of this subsection.''.
(b) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall--
(1) revise applicable regulations to conform with the amendment made by subsection (a); and
(2) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations, as revised pursuant to paragraph (1).
SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT
OF 2021 AUTHORITIES.
(a) Regulations.--Except as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community that has not already done so shall--
(1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and section 901(i) of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to provide payments under such sections, to the degree that such authorities are applicable to the head of the element; and
(2) submit to the congressional intelligence, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives committees copies of such regulations.
(b) Reporting.--Not later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on--
(1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1);
(2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and
(3) any perceived barriers or concerns in implementing such authorities.
(c) Alternative Reporting.--Not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives to explain this position.
SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY
HANDLING OF ANOMALOUS HEALTH INCIDENTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Central Intelligence Agency.
(2) Qualifying injury.--The term ``qualifying injury'' has the meaning given such term in section 19A(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).
(b) In General.--Not later than 60 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the handling of anomalous health incidents by the Agency.
(c) Contents.--The report required by subsection (b) shall include the following:
(1) HAVANA act implementation.--
(A) An explanation of how the Agency determines whether a reported anomalous health incident resulted in a qualifying injury or a qualifying injury to the brain.
(B) The number of participants of the Expanded Care Program of the Central Intelligence Agency who--
(i) have a certified qualifying injury or a certified qualifying injury to the brain; and
(ii) as of September 30, 2023, applied to the Expanded Care Program due to a reported anomalous health incident.
(C) A comparison of the number of anomalous health incidents reported by applicants to the Expanded Care Program that occurred in the United States and that occurred in a foreign country.
(D) The specific reason each applicant was approved or denied for payment under the Expanded Care Program.
(E) The number of applicants who were initially denied payment but were later approved on appeal.
(F) The average length of time, from the time of application, for an applicant to receive a determination from the Expanded Care Program, aggregated by qualifying injuries and qualifying injuries to the brain.
(2) Priority cases.--
(A) A detailed list of priority cases of anomalous health incidents, including, for each incident, locations, dates, times, and circumstances.
(B) For each priority case listed in accordance with subparagraph (A), a detailed explanation of each credible alternative explanation that the Agency assigned to the incident, including--
(i) how the incident was discovered;
(ii) how the incident was assigned within the Agency; and
(iii) whether an individual affected by the incident is provided an opportunity to appeal the credible alternative explanation.
(C) For each priority case of an anomalous health incident determined to be largely consistent with the definition of
``anomalous health incident'' established by the National Academy of Sciences and for which the Agency does not have a credible alternative explanation, a detailed description of such case.
(3) Anomalous health incident sensors.--
(A) A list of all types of sensors that the Agency has developed or deployed with respect to reports of anomalous health incidents, including, for each type of sensor, the deployment location, the date and the duration of the employment of such type of sensor, and, if applicable, the reason for removal.
(B) A list of entities to which the Agency has provided unrestricted access to data associated with anomalous health incidents.
(C) A list of requests for support the Agency has received from elements of the Federal Government regarding sensor development, testing, or deployment, and a description of the support provided in each case.
(D) A description of all emitter signatures obtained by sensors associated with anomalous health incidents in Agency holdings since 2016, including--
(i) the identification of any of such emitters that the Agency prioritizes as a threat; and
(ii) an explanation of such prioritization.
(d) Additional Submissions.--Concurrent with the submission of the report required by subsection (b), the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives--
(1) a template of each form required to apply for the Expanded Care Program, including with respect to payments for a qualifying injury or a qualifying injury to the brain;
(2) copies of internal guidance used by the Agency to adjudicate claims for the Expanded Care Program, including with respect to payments for a qualifying injury to the brain;
(3) the case file of each applicant to the Expanded Care Program who applied due to a reported anomalous health incident, including supporting medical documentation, with name and other identifying information redacted;
(4) copies of all informational and instructional materials provided to employees of and other individuals affiliated with the Agency with respect to applying for the Expanded Care Program; and
(5) copies of Agency guidance provided to employees of and other individuals affiliated with the Agency with respect to reporting and responding to a suspected anomalous health incident, and the roles and responsibilities of each element of the Agency tasked with responding to a report of an anomalous health incident.
(e) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall brief the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives on the report.
TITLE X--ELECTION SECURITY
SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD
RESPECT FOR ELECTIONS THROUGH INDEPENDENT
TESTING ACT OF 2023.
(a) Requiring Penetration Testing as Part of the Testing and Certification of Voting Systems.--Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the following new subsection:
``(e) Required Penetration Testing.--
``(1) In general.--Not later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section.
``(2) Accreditation.--The Director of the National Institute of Standards and Technology shall recommend to the Commission entities the Director proposes be accredited to carry out penetration testing under this subsection and certify compliance with the penetration testing-related guidelines required by this subsection. The Commission shall vote on the accreditation of any entity recommended. The requirements for such accreditation shall be a subset of the requirements for accreditation of laboratories under subsection (b) and shall only be based on consideration of an entity's competence to conduct penetration testing under this subsection.''.
(b) Independent Security Testing and Coordinated Cybersecurity Vulnerability Disclosure Program for Election Systems.--
(1) In general.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part:
``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY
VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS
``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED
CYBERSECURITY VULNERABILITY DISCLOSURE PILOT
PROGRAM FOR ELECTION SYSTEMS.
``(a) In General.--
``(1) Establishment.--The Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP-E) (in this section referred to as the `program') in order to test for and disclose cybersecurity vulnerabilities in election systems.
``(2) Duration.--The program shall be conducted for a period of 5 years.
``(3) Requirements.--In carrying out the program, the Commission, in consultation with the Secretary, shall--
``(A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program;
``(B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks;
``(C) establish terms of participation that--
``(i) describe the scope of testing permitted under the program;
``(ii) require researchers to--
``(I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and
``(II) otherwise keep such vulnerability confidential for 180 days after such notification;
``(iii) require the good faith participation of all participants in the program;
``(iv) require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to--
``(I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and
``(II) notify the Commission and the Secretary that such patch has been sent to such officials;
``(D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide--
``(i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and
``(ii) if such review is not completed by the last day of such 90 day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and
``(E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures.
``(4) Voluntary participation; safe harbor.--
``(A) Voluntary participation.--Participation in the program shall be voluntary for election systems vendors and researchers.
``(B) Safe harbor.--When conducting research under this program, such research and subsequent publication shall be considered to be:
``(i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the `Computer Fraud and Abuse Act'), (and similar state laws), and the election system vendor will not initiate or support legal action against the researcher for accidental, good faith violations of the program.
``(ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the
`Digital Millennium Copyright Act'), and the election system vendor will not bring a claim against a researcher for circumvention of technology controls.
``(C) Rule of construction.--Nothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs
(B) through (D) of such section 1201(a)(1).
``(5) Exempt from disclosure.--Cybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act).
``(6) Definitions.--In this subsection:
``(A) Cybersecurity vulnerability.--The term `cybersecurity vulnerability' means, with respect to an election system, any security vulnerability that affects the election system.
``(B) Election infrastructure.--The term `election infrastructure' means--
``(i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and
``(ii) related information and communications technology, including--
``(I) voter registration databases;
``(II) election management systems;
``(III) voting machines;
``(IV) electronic mail and other communications systems
(including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and
``(V) other systems used to manage the election process and to report and display election results on behalf of an election agency.
``(C) Election system.--The term `election system' means any information system that is part of an election infrastructure, including any related information and communications technology described in subparagraph (B)(ii).
``(D) Election system vendor.--The term `election system vendor' means any person providing, supporting, or maintaining an election system on behalf of a State or local election official.
``(E) Information system.--The term `information system' has the meaning given the term in section 3502 of title 44, United States Code.
``(F) Secretary.--The term `Secretary' means the Secretary of Homeland Security.
``(G) Security vulnerability.--The term `security vulnerability' has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).''.
(2) Clerical amendment.--The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following:
``PART 7--Independent Security Testing and Coordinated Cybersecurity
Vulnerability Disclosure Program for Election Systems
``Sec. 297. Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems.''.
TITLE XI--OTHER MATTERS
SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-
DOMAIN ANOMALY RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117-263), is amended--
(1) in the heading, by striking ``Director of national intelligence and secretary of defense'' and inserting ``All- domain anomaly resolution office''; and
(2) in subparagraph (A), by striking ``Director of National Intelligence and the Secretary of Defense shall jointly'' and inserting ``Director of the Office shall''.
SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED
ANOMALOUS PHENOMENA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives.
(2) Congressional leadership.--The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(3) Director.--The term ``Director'' means the Director of the All-domain Anomaly Resolution Office.
(4) Unidentified anomalous phenomena.--The term
``unidentified anomalous phenomena'' has the meaning given such term in section 1683(n) of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), as amended by section 6802(a) of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law 117-263).
(b) Sense of Congress.--It is the sense of Congress that, due to the increasing potential for technology surprise from foreign adversaries and to ensure sufficient integration across the United States industrial base and avoid technology and security stovepipes--
(1) the United States industrial base must retain its global lead in critical advanced technologies; and
(2) the Federal Government must expand awareness about any historical exotic technology antecedents previously provided by the Federal Government for research and development purposes.
(c) Limitations.--No amount authorized to be appropriated by this Act may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following:
(1) Recruiting, employing, training, equipping, and operations of, and providing security for, government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft.
(2) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology.
(3) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise.
(4) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena.
(5) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems, that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials.
(6) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, or electric ion thrust.
(d) Notification and Reporting.--Any person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall--
(1) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and
(2) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection--
(A) all such material and information; and
(B) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena material.
(e) Liability.--No criminal or civil action may lie or be maintained in any Federal or State court against any person for receiving material or information described in subsection
(d) if that person complies with the notification and reporting provisions described in such subsection.
(f) Limitation Regarding Independent Research and Development.--
(1) In general.--Consistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection
(c) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (d).
(2) Effective date and applicability.--Paragraph (1) shall take effect on the date that is 60 days after the date of the enactment of this Act and shall apply with respect to funding from amounts appropriated before, on, or after such date.
(g) Notice to Congress.--Not later than 30 days after the date on which the Director has received a notification under paragraph (1) of subsection (d) or information or material under paragraph (2) of such subsection, the Director shall provide written notification of such receipt to the appropriate committees of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and congressional leadership.
______
SA 1054. Mr. LUJAN (for himself, Mr. Rubio, Mr. Scott of Florida, and Mr. Heinrich) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XXVIII, add the following:
SEC. 2816. LIMITATION ON USE OF AMOUNTS FOR MILITARY
CONSTRUCTION PROJECTS RELATING TO RELOCATING
ELEMENTS OF THE AIR FORCE TO DAVIS-MONTHAN AIR
FORCE BASE, ARIZONA.
None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended for a military construction project (as described in section 2801(b) of title 10, United States Code) for the construction or modification of facilities for temporary or permanent use by Air Force Special Operation Command to relocate headquarters elements or Special Operations Wing elements from Hurlburt Field, Florida, or Cannon Air Force Base, New Mexico, to Davis-Monthan Air Force Base, Arizona.
______
SA 1055. Mr. WICKER (for himself, Mr. Risch, Mr. Kennedy, Mr. Hawley, Ms. Sinema, and Mr. Lee) proposed an amendment to amendment SA 935 proposed by Mr. Schumer (for Mr. Reed (for himself and Mr. Wicker)) to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1240A. OFFICE OF THE LEAD INSPECTOR GENERAL FOR UKRAINE
ASSISTANCE.
(a) Establishment.--There is established the Office of the Lead Inspector General for Ukraine Assistance to provide for the oversight of independent and objective conduct and supervision of audits and investigations relating to the programs and operations funded with amounts appropriated by the United States for Ukraine.
(b) Appointment of Lead Inspector General; Removal.--
(1) Appointment.--The head of the Office of the Lead Inspector General for Ukraine Assistance shall be known as the Lead Inspector General for Ukraine Assistance (in this section referred to as the ``Lead Inspector General''), who shall be designated by the President.
(2) Qualifications.--The appointment of the Lead Inspector General shall be made solely on the basis of integrity and demonstrated ability in conducting investigations, including experience in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.
(3) Selection.--The Lead Inspector General may be--
(A) a senior member of the civil service or Foreign Service;
(B) selected from among the offices of the Inspectors General; or
(C) an individual that the meets the qualifications under paragraph (2), as determined by the President.
(4) Deadline for appointment.--The appointment of an individual as Lead Inspector General shall be made not later than 30 days after the date of the enactment of this Act.
(5) Prohibition on political activities.--For purposes of section 7324 of title 5, United States Code, the Lead Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law.
(6) Removal.--The Lead Inspector General shall be removable from office in accordance with the provisions of section 403(b) of title 5, United States Code.
(c) Supervision.--
(1) In general.--For purposes of carrying out this section, the Lead Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense.
(2) Rule of construction.--Nothing in this section may be construed to limit the ability of the Inspectors General to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of their oversight responsibilities in accordance with this section with respect to Ukraine.
(d) Duties.--The duties of the Lead Inspector General are as follows:
(1) To appoint, from among the offices of the Inspectors General, an Assistant Inspector General for Ukraine Assistance, who shall supervise auditing and investigative activities and assist the Lead Inspector General in the discharge of responsibilities under this subsection.
(2) To develop and carry out, in coordination with the offices of the Inspectors General, a joint strategic plan to conduct comprehensive oversight of all amounts appropriated by the United States for Ukraine.
(3) To apply key lessons from prior oversight work, in coordination with the offices of the Inspectors General, to Ukraine response programs and operations to minimize waste, fraud, and abuse.
(4) With respect to amounts appropriated by the United States for Ukraine--
(A) to ensure, through joint or individual audits, inspections, and investigations, independent and effective oversight of--
(i) all funds appropriated for such support; and
(ii) the programs, operations, and contracts carried out using such funds; and
(B) to review and ascertain the accuracy of information provided by Federal agencies relating to--
(i) obligations and expenditures;
(ii) costs of programs and projects;
(iii) accountability of funds;
(iv) the tracking and monitoring of all lethal and nonlethal security assistance and compliance with end-use certification requirements; and
(v) the award and execution of major contracts, grants, and agreements in support of Ukraine.
(5) To employ, or authorize the employment by the Inspectors General, on a temporary basis using the authorities in section 3161 of title 5, United States Code
(without regard to subsection (b)(2) of such section), such auditors, investigators, and other personnel as the Lead Inspector General considers appropriate to carrying out the duties described in this subsection.
(6) To obtain expert and consultant services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS-15 of the General Schedule by section 5332 of that title.
(7) To carry out such other responsibilities relating to the coordination and efficient and effective discharge by the Inspectors General of duties relating to United States military and nonmilitary support for Ukraine as the Lead Inspector General shall specify.
(8) To discharge the responsibilities under this subsection in a manner consistent with the authorities and requirements of this section and the authorities and requirements applicable to the Inspectors General under chapter 4 of title 5, United States Code, including section 404(b)(1) and section 406 of that title.
(e) Deployment of Lead Inspector General Staff.--
(1) In general.--The Office of the Lead Inspector General for Ukraine Assistance shall maintain a presence of at least one individual in the country of Ukraine on a permanent basis.
(2) Evacuation plan.--The Lead Inspector General shall--
(A) coordinate with the appropriate chief of mission for the purpose of developing an evacuation plan; and
(B) maintain a plan to evacuate personnel should an evacuation be required.
(3) Notice and justification.--To any extent that the Lead Inspector General determines that the Office of the Lead Inspector General for Ukraine Assistance cannot maintain such a presence in Ukraine, the Lead Inspector General shall notify the appropriate committees of Congress in writing within 7 days of such determination, along with a justification for why the presence could not be maintained.
(f) Reports.--
(1) Quarterly reports.--
(A) In general.--Not later than 30 days after the end of each fiscal-year quarter, the Lead Inspector General shall submit to the appropriate committees of Congress a report summarizing, with respect to that quarter and, to the extent possible, the period beginning on the date on which such quarter ends and ending on the date on which the report is submitted, the activities of the Lead Inspector General with respect to programs and operations funded with amounts appropriated by the United States for Ukraine.
(B) Elements.--Each report required by subparagraph (A) shall include, for the period covered by the report--
(i) a description of any identified waste, fraud, or abuse with respect to programs and operations funded with amounts appropriated by the United States for Ukraine;
(ii) a description of the status and results of--
(I) investigations, inspections, and audits; and
(II) referrals to the Department of Justice;
(iii) a description of the overall plans for review by the Inspectors General of such support of Ukraine, including plans for investigations, inspections, and audits; and
(iv) an evaluation of the compliance of the Government of Ukraine with all requirements for receiving United States funds, including a description of any area of concern with respect to the ability of the Government of Ukraine to achieve such compliance.
(2) Form.--Each report required by this subsection shall be submitted in unclassified form, but may include a classified annex if the Lead Inspector General considers it necessary.
(3) Availability.--
(A) Public.--The Lead Inspector General shall publish on a publicly available internet website the unclassified form of each report required by paragraph (1) in English and any other language the Lead Inspector General determines is widely used and understood in Ukraine.
(B) Members of congress.--On request by a Member of Congress, the Lead Inspector General shall make any report required by paragraph (1), including the classified annex, as applicable, available to the Member of Congress.
(4) Rule of construction.--Nothing in this subsection may be construed to authorize the public disclosure of information that is--
(A) specifically prohibited from disclosure by any other provision of law;
(B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or
(C) a part of an ongoing criminal investigation.
(g) Publication of United States Assistance to Ukraine.-- Not later than 30 days after the date of the enactment of this Act, the President, acting through the Secretary of Defense and the Secretary of State, shall publish a comprehensive accounting of unclassified amounts appropriated by the United States for Ukraine on a publicly available website of the United States Government.
(h) Briefings.--On request by a committee of Congress or a Member of Congress, not later than 15 days after receiving the request, the Lead Inspector General shall provide to the committee of Congress or Member of Congress a briefing on the oversight of programs and operations funded with amounts appropriated by the United States for Ukraine.
(i) Inspectors General Staffing.--Personnel assigned to Ukraine-related oversight work by the Inspector General of the Department of Defense, the Inspector General of the Department of State, the Inspector General of the United States Agency for International Development, and the Inspector General of other Federal agency shall exclusively perform Ukraine-related oversight work in accordance with the joint strategic plan under subsection (d)(2).
(j) Assessment of Office of the Lead Inspector General for Ukraine Assistance.--
(1) In general.--Not later than 180 days after the date on which the Office of the Lead Inspector General for Ukraine Assistance is established, the Secretary of Defense and the Secretary of State shall enter into a contract with an independent third-party entity, which may include a federally funded research and development corporation, to conduct an assessment of the Office of the Lead Inspector General for Ukraine Assistance.
(2) Elements.--The assessment conducted under paragraph (1) shall include the following:
(A) An assessment of the discharge of the duties described in subsection (d), including an assessment as to whether any structural or policy adjustments would enable more effective oversight efforts.
(B) An assessment as to whether establishing a Special Inspector General would be a more effective oversight model.
(C) An assessment as to whether the Lead Inspector General would benefit from additional resources or authorities to ensure the discharge of all duties under subsection (d) and any other provision of law.
(D) Any recommendations for Congress to improve the effectiveness of the Lead Inspector General.
(3) Report.--
(A) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the appropriate committees of Congress, and on request, to any Member of Congress, a report on the assessment required by paragraph (1)
(B) Publication.--The Secretary of Defense and the Secretary of State shall publish the report required by subparagraph (A) on a publicly accessible internet website of the United States Government.
(k) Termination.--The Office of the Lead Inspector General for Ukraine Assistance shall terminate 180 days after the date on which amounts appropriated by the United States for Ukraine are less than the amounts that were appropriated by the United States for Ukraine on February 24, 2022.
(l) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
$10,000,000 to carry out this section.
(2) Offset.--The amount authorized to be appropriated for the Office of the Secretary of Defense is hereby reduced by
$10,000,000.
(m) Definitions.--In this section:
(1) Amounts appropriated by the united states for ukraine.--The term ``amounts appropriated by the United States for Ukraine'' means amounts appropriated on or after January 1, 2022, for--
(A) the Ukraine Security Assistance Initiative established under section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1608);
(B) any foreign military financing accessed by the Government of Ukraine;
(C) the presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a));
(D) the defense institution building program under section 332 of title 10, United States Code;
(E) the building partner capacity program under section 333 of title 10, United States Code;
(F) the international military education and training program of the Department of State; or
(G) any amounts appropriated on or after January 1, 2022, for the military, economic, reconstruction, or humanitarian support of Ukraine under any account or for any purpose not described in this paragraph.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Accountability of the House of Representatives.
(3) Inspectors general.--The term ``Inspectors General'' means the following:
(A) The Inspector General of the Department of Defense.
(B) The Inspector General of the Department of State.
(C) The Inspector General of the United States Agency for International Development.
______
SA 1056. Mr. WICKER (for himself and Mr. Graham) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in the funding tables, insert the following to raise the topline for implementation of the National Defense Strategy and for other purposes:
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY24 AMT
ACCOUNT LINE PE SAG ($1000S) TITLE/STUB ENTRY UFR?
--------------------------------------------------------------------------------------------------------------------------------------------------------
MSLS................................... 6 .......................... ........... $314.2 PrSM (Inc 1) production ..............
increase.
AMMO................................... 36 .......................... ........... $20.0 M795 155mm artillery ..............
projectile production.
RDA.................................... ........... 0604802A.................. ........... $20.0 Low-drag artillery ..............
guidance kit (XM1210 LR
PGK).
MSLS................................... 20 .......................... ........... $20.0 SB600 production increase ..............
PDW.................................... 78 .......................... ........... $10.9 Marinized SB600.......... ..............
MSLS................................... 17 .......................... ........... $350.0 Additional 1 Patriot fire ..............
unit.
RDDW................................... ........... 0603881C.................. ........... $108.0 All Domain Missile ..............
Warning and Missile
Tracking Architecture
(THAAD).
MSLS................................... 10 .......................... ........... $36.0 JAGM capacity expansion.. ..............
RDA.................................... ........... 02065778A................. ........... $67.0 GMLRS-ER capacity ..............
expansion.
RDA.................................... ........... 0604611A.................. ........... $29.1 Javelin RDTE for F-model ..............
auto gate/fast launch.
MSLS................................... 22 .......................... ........... $87.6 Stinger capacity ..............
expansion--obsolescence.
PANMC.................................. 15 .......................... ........... $350.0 Coyote production ..............
increase.
RDA.................................... ........... 1160402BB................. ........... $27.3 Palletized Field ..............
Artillery Launcher.
RDN.................................... ........... 0604227N.................. ........... $50.0 Harpoon--seeker ..............
development obsolescence
issues.
WPN.................................... 23 .......................... ........... $20.0 Harpoon--additional test ..............
equipment for production
and missile recert.
WPN.................................... 20 .......................... ........... $152.0 AARGM-ER production ..............
increase.
WPN.................................... 20 .......................... ........... $34.0 AARGM-ER special test ..............
equipment.
WPN.................................... 16 .......................... ........... $40.0 NSM production increase.. ..............
WPN.................................... 7 .......................... ........... $180.0 SM-6 obsolescence ..............
steering & control.
WPN.................................... 7 .......................... ........... $30.0 SM-6 obsolescence Plate ..............
3A.
WPN.................................... 4 .......................... ........... $20.0 Tomahawk BlkV throughput ..............
expansion.
PDW.................................... 33 .......................... ........... $63.0 SM-3 Block IIA capacity ..............
expansion.
PDW.................................... 33 .......................... ........... $140.0 SM-3 Block IIA ..............
obsolescence.
WPN.................................... 27 .......................... ........... $65.0 Mk48 Mod 7 AUR and ..............
Technology Expansion
Program.
WPN.................................... 27 .......................... ........... $40.0 Mk48 Mod 7 further ..............
obsolescence fixes.
WPN.................................... 29 .......................... ........... $121.1 Mk54 Mod 1 kit........... ..............
WPN.................................... 29 .......................... ........... $18.6 Mk54 HAAWC kit........... ..............
WPN.................................... 31 .......................... ........... $10.0 Indian Head explosive ..............
fill production
expansion.
RDN.................................... ........... 0604601N.................. ........... $10.0 Indian Head underwater ..............
fill testing/quals
completion.
RDN.................................... ........... 0604601N.................. ........... $15.0 Hammerhead capability.... ..............
RDN.................................... ........... 9999...................... ........... $60.0 Classified program....... ..............
WPN.................................... 31 .......................... ........... $7.5 Mk68..................... ..............
WPN.................................... 31 .......................... ........... $0.4 Mk68 obsolescence........ ..............
RDN.................................... ........... 0603782N.................. ........... $10.0 ONR capability ..............
acceleration.
RDN.................................... 51 0603582N.................. ........... $19.6 PAC-3 MSE/Aegis ..............
integration.
MPAF................................... 16 .......................... ........... $217.3 GLSDB risk mitigation of ..............
current GFE--sensor/
shooter.
MPAF................................... 8 .......................... ........... $160.0 Joint Strike Missile ..............
production increase and
test equipment.
MPAF................................... 12 .......................... ........... $20.0 AMRAAM AP................ ..............
WPN.................................... 6 .......................... ........... $60.0 AIM-9X capacity expansion ..............
WPN.................................... 6 .......................... ........... $130.0 AIM-9X production ..............
increase (Navy).
MPAF................................... 6 .......................... ........... $130.0 AIM-9X production ..............
increase (AF).
MPAF................................... 9 .......................... ........... $35.0 SDB II capacity expansion ..............
to 2100.
MPAF................................... 9 .......................... ........... $70.0 SDB II capacity expansion ..............
to 3000.
OPN.................................... 63 .......................... ........... $100.0 Phoenix Ghost CP200...... ..............
WPN.................................... 22 .......................... ........... $38.0 ABL energetics expansion ..............
(GMLRS, PrSM, PAC-3,
etc).
WPN.................................... 23 .......................... ........... $125.0 Expansion of solid rocket ..............
motor industrial base.
RDDW................................... ........... 0602000D8Z................ ........... $35.0 CL-20.................... ..............
MPAF................................... 0708011F .......................... ........... $150.0 Defense Industrial Base ..............
(DIB) Expansion for.
Industrial Preparedness/
Pollution Prevention AFP-
44.
RDDW................................... ........... 0605022D8Z................ ........... $15.0 Defense exportability ..............
features.
RDAF................................... ........... 0604183F.................. ........... $133.4 HACM acceleration........ ..............
RDN.................................... ........... 0605518N.................. ........... $25.0 Mach-TB increase......... ..............
RDDW................................... ........... 0603766E.................. ........... $120.0 Assault Breaker II 4x LOE ..............
acceleration.
RDSF................................... 9999 .......................... ........... $20.0 Classified space add..... ..............
RDSF................................... ........... 1206310SF................. ........... $30.0 Narrowband antenna on- ..............
orbit demonstration.
RDSF................................... ........... 1206616SF................. ........... $70.0 Cislunar space domain ..............
awareness.
PSF.................................... 22 .......................... ........... $108.0 One additional space ..............
launch.
RDDW................................... ........... 0603133D8Z................ ........... $25.0 Foreign Comparative ..............
Testing.
RDDW................................... ........... 0604250D8Z................ ........... $46.0 Maintain SCO level of ..............
effort.
RDDW................................... ........... 0601101E.................. ........... $25.0 NSCAI generative AI...... ..............
RDDW................................... ........... 0602303E.................. ........... $50.0 NSCAI generative AI...... ..............
RDDW................................... ........... 0601101E.................. ........... $16.5 NSCAI AI for Cyber....... ..............
RDDW................................... ........... 0602303E.................. ........... $42.9 NSCAI AI for Cyber....... ..............
RDDW................................... ........... 0603760E.................. ........... $6.6 NSCAI AI for Cyber....... ..............
OMDW................................... ........... .......................... DS1 $200.0 National Defense ..............
Stockpile Transaction
Fund increase.
RDDW................................... ........... 0901579D8Z................ ........... $(30.0) Transfer to pilot ..............
program--Protecting
Access to Critical
Assets.
RDDW................................... ........... 0901579D8Z................ ........... $30.0 Transfer from Office of ..............
Strategic Capital for
pilot program on
Protecting Access to
Critical Assets.
RDDW................................... ........... 0604250D8Z................ ........... $25.0 Pele microreactor........ ..............
RDA.................................... ........... 0603119A.................. ........... $2.8 Contested Logistics: ..............
Autonomous Self
Perception Combat
Engineer Program (ASCEP).
RDDW................................... ........... 0603896C.................. ........... $19.0 Ballistic Missile Defense ..............
C2BMC (MD01).
4701................................... ........... 18-D-650.................. ........... $73.3 Tritium Finishing ..............
Facility, SRS.
4701................................... ........... .......................... ........... $28.1 B83 Stockpile Systems.... ..............
4701................................... ........... .......................... ........... $341.8 Savannah River Pit ..............
Production.
MILCON................................. ........... .......................... ........... $695.0 FY25 UFRs (for display ..............
purposes--text below).
MILCON................................. ........... .......................... ........... $1,691.0 FY24 MILCON UFRs (for ..............
display purposes--text
below).
OMA.................................... ........... .......................... 132 $1,652.0 Army FSRM to 100%........ ..............
OMN.................................... ........... .......................... BSM1 $650.0 Navy FSRM to 100%........ ..............
OMMC................................... ........... .......................... BSM1 $1,415.0 Marine Corps FSRM to 100% ..............
OMARNG................................. ........... .......................... 011R $1,375.0 Air Force FSRM to 100%... ..............
OMDW................................... ........... .......................... 4GTM $65.0 Defense Community ..............
Infrastructure Program.
OMAF................................... ........... .......................... 42A $2.0 Program increase for ..............
operational energy.
OMDW................................... UNDIS .......................... ........... $1,200.0 Fuel price increases ..............
(FY23 + Fy24).
SCN.................................... 10 .......................... ........... $928.0 DDG-51 prior-year CTC.... ..............
SCN.................................... 11 .......................... ........... $300.0 Surface ship supplier ..............
base.
SCN.................................... 11 .......................... ........... $280.0 DDG-51 AP................
APN.................................... 62 .......................... ........... $132.0 F-35B/C engine spares.... ..............
APN.................................... 6 .......................... ........... $250.0 FD2030--CH-53K +1 a/c.... ..............
RDN.................................... ........... 0603207N.................. ........... $10.0 Task Force 59 long- ..............
endurance USV
experimentation.
RDAF................................... ........... 0207138F.................. ........... $35.0 F-22 open system ..............
architecture for CCA.
OPAF................................... 9999 .......................... ........... $200.0 Classified program....... ..............
OPAF................................... 9999 .......................... ........... $150.0 Classified program....... ..............
RDN.................................... ........... 0604378N.................. ........... $22.5 Stratospheric balloon ..............
research--JTRS.
OPAF................................... 9999 .......................... ........... $40.0 Classified program....... ..............
APN.................................... 56 .......................... ........... $72.6 NGJ +2 additional ..............
shipsets.
OMAF................................... ........... .......................... MULTIPLE $470.3 F-22 WSS (prevent ..............
divestment).
APAF................................... 11 .......................... ........... $240.0 MH-139A.................. ..............
RDAF................................... ........... 0207110F.................. ........... $50.0 Next-Gen Advanced ..............
Propulsion.
APAF................................... 3 .......................... ........... $618.3 F-35A test jets (6 a/c).. ..............
RDAF................................... ........... 0207253F.................. ........... $49.0 Compass Call RDTE sim.... ..............
RDAF................................... ........... 0207133F.................. ........... $49.1 Advanced F-16 EW ..............
protection/attack.
APAF................................... ........... 26........................ ........... $130.5 Advanced F-16 EW ..............
protection/attack.
OPA.................................... 71 .......................... ........... $68.5 ENVG-B................... ..............
OMDW................................... ........... .......................... 1FU1 $15.0 JTF-N.................... ..............
RDDW................................... ........... 63375D8Z.................. ........... $30.0 Directed Energy Threat ..............
Research.
RDDW................................... ........... 33140D8Z.................. ........... 20.0 NSA Cyber Workforce Pilot ..............
Program.
OMARNG................................. ........... .......................... 153 $12.0 Army National Guard ..............
Mission Assurance
Program.
RDDW................................... ........... 9999...................... ........... $17.0 All-domain Anomaly ..............
Resolution Office.
RDN.................................... ........... 0604558N.................. ........... $7.0 Advanced Submarine ..............
Control Using Precision
Maneuvering Unit.
OMDW................................... ........... .......................... 012D $10.0 Southeast Asia Cyber ..............
Pilot Expansion.
OMARNG................................. ........... .......................... 121 $21.5 Exercise Northern Strike. ..............
PMC.................................... 40 .......................... ........... $26.0 Low cost unmanned ..............
aerospace vehicle (PAACK-
P).
OPA.................................... 86 .......................... ........... $77.0 IBCS--integration Army #1
acceleration for
INDOPACOM.
MSLS................................... 3 .......................... ........... $22.7 M-SHORAD Increment 1-- Army #2
expand capacity of
existing batteries.
OPA.................................... 60 .......................... ........... $81.2 Trojan SPIRIT............ Army #3
OMA.................................... ........... .......................... 121 $102.5 Expanding INDOPACOM Army #6
Campaigning Activities.
AMMO................................... 36 .......................... ........... 21.5 Water intake pump Army #10
upgades, Radford AAP.
RDA.................................... ........... 0604804A.................. ........... $21.2 Maneuver support vessel Army #11
(heavy).
ACFT................................... 8 .......................... ........... $62.1 Black Hawk (HH-60M) Army #25
replacement--MEDEVAC.
RDN.................................... ........... 0604038N.................. ........... $45.3 Maritime Targeting Cell Navy #1
Afloat (MTC-A)
Development.
RDN.................................... ........... 0604234N.................. ........... $249.3 Fund E-2D Theater Combat Navy #2
ID and HECTR.
OPN.................................... 16 .......................... ........... $61.9 Fund ZEUS for DDG-1000 Navy #3
Class.
RDN.................................... ........... 0204202N.................. ........... $124.5 Fund ZEUS for DDG-1000 Navy #3
Class.
OMN.................................... ........... .......................... 1C1C $4.0 VIOLET................... Navy #4
OPN.................................... 78 .......................... ........... $1.2 VIOLET................... Navy #4
RDN.................................... ........... 0101402N.................. ........... $20.4 VIOLET................... Navy #4
OMN.................................... ........... .......................... BSM1 $300.0 Dry Dock Repairs at PSNS Navy #5
Investment.
Restoration and
Modernization (RM).
OMN.................................... ........... .......................... BSM1 $250.0 Targeted Facilities Navy #6
Sustainment, Restoration
and.
Modernization (FSRM)
Investment.
OMN.................................... ........... .......................... BSM1 $300.0 Targeted Facilities Navy #6
Sustainment, Restoration
and.
Modernization (FSRM)
Investment.
SCN.................................... 32 .......................... ........... $208.1 DDG-51 SEWIP Blk III (DDG Navy #7
136-137).
SCN.................................... 3 .......................... ........... $170.0 CVN 75 and CVN 80 SEWIP Navy #8
Blk III.
SCN.................................... 7 .......................... ........... $94.0 CVN 75 and CVN 80 SEWIP Navy #8
Blk III.
APN.................................... 15 .......................... ........... $118.8 Navy Unique Fleet Navy #9
Essential Airlift
Logistics KC-130J (+1 A/
C Reserve).
APN.................................... 62 .......................... ........... $93.0 CH-53K Initial and USMC #2
Outfitting Spares.
PMC.................................... 43 .......................... ........... $21.1 Project 7/11--Modular USMC #3
Operations Cells.
APN.................................... 16 .......................... ........... $252.9 (+2) KC-130J Aircraft and USMC #4
Initial Spares.
PMC.................................... 25 .......................... ........... $5.1 Distributed Common Ground/ USMC #5
Surface System-.
Marine Corps (DCGS-MC)
All-.
Source SCI Workstations..
Family of Field Medical
Equipment (FFME).
PMC.................................... 50 .......................... ........... $11.0 Damage Control USMC #6
Resuscitation.
(DCR) and Damage Control
Surgery (DCS).
Equipment Sets...........
PMC.................................... 19 .......................... ........... $160.0 (+4) AN/TPS-80 G/ATOR USMC #7
Radar.
RDN.................................... ........... 0206313M.................. ........... $16.3 Satellite Communications USMC #8
Terminal, Network-on-.
the-Move (NOTM)..........
Digital Interoperability
(DI)--Marine Agile.
RDN.................................... ........... 0605217N.................. ........... $78.5 Network Gateway Link USMC #11
(MANGL) Roll-Up.
PMC.................................... 54 .......................... ........... $21.0 Ultra-Light-Weight USMC #12
Camouflage Netting
System (ULCANS).
PMC.................................... 17 .......................... ........... $5.1 Joint All Domain Command USMC #13
and Control (JADC2)
Testing, Evaluation and
Engineering Environment.
APN.................................... 68 .......................... ........... $122.4 (+4) F-35B Engine/Lift USMC #14
System USMC Spares.
PMC.................................... 48 .......................... ........... $8.0 Demolition Equipment Set, USMC #19
Squad.
Engineer/Explosive Hazard
Defeat Systems.
APN.................................... 68 .......................... ........... $67.5 (+3) UC-12W(ER) USMC #20
Beechcraft King Air
350ER with Cargo Door
and Initial Spares.
PMC.................................... 52 .......................... ........... $10.0 Multi-Terrain Loader-- USMC #21
Replacement.
APAF................................... 52 .......................... ........... $596.2 Accelerate E-7 delivery.. AF #1
RDAF................................... ........... 0604007F.................. ........... $37.2 Accelerate E-7 delivery.. AF #1
OMAF................................... ........... .......................... 012C $0.7 (OI-3) Fund ISR Digital AF #4
Infrastructure.
OMAF................................... ........... .......................... 012C $58.6 (OI-3) Fund ISR Digital AF #4
Infrastructure.
RDAF................................... ........... 0207431F.................. ........... $1.2 (OI-3) Fund ISR Digital AF #4
Infrastructure.
RDAF................................... ........... 0207431F.................. ........... $13.8 (OI-3) Fund ISR Digital AF #4
Infrastructure.
RDAF................................... ........... 0207431F.................. $6.2 (OI-3) Fund AF #4....................
ISR Digital
Infrastructure
RDAF................................... ........... 0207431F.................. ........... $5.9 (OI-3) Fund ISR Digital AF #4
Infrastructure.
RDAF................................... 66 .......................... ........... $15.9 (OI-3) Fund ISR Digital AF #4
Infrastructure.
OPAF................................... ........... 0305208F.................. ........... $5.0 (OI-3) Fund ISR Digital AF #4
Infrastructure.
RDAF................................... ........... .......................... ........... $10.6 (OI-3) Fund ISR Digital AF #4
Infrastructure.
OMAF................................... ........... 9999...................... 011C $12.1 (OI-3) Fund ISR Digital USSF #3
Infrastructure.
RDSF................................... ........... 9999...................... ........... $13.0 Classified Program D..... USSF #4
RDSF................................... ........... 9999...................... ........... $105.0 Classified Program E..... USSF #5
RDSF................................... ........... 9999...................... ........... $90.0 Classified Program F..... USSF #6
RDSF................................... 56 1203040SF................. ........... $43.0 DCO-S.................... USSF #7
RDDW................................... ........... 0604181C.................. ........... $298.0 Glide Phase Interceptor.. MDA #3
RDDW................................... ........... 0603891C.................. ........... 22.9 Classified Program A/ MDA #1
Novel countermeasure
against hypersonic
threats.
RDDW................................... ........... 0603906C.................. ........... $15.0 Classified Program B..... MDA #2
RDDW................................... ........... 0603914C.................. ........... $34.7 Pacific Collector/Pacific MDA #7
Tracker Replacement.
Planning & Engineering...
RDDW................................... ........... 0603914C.................. ........... $315.3 Pacific Collector MDA #8
Replacement.
RDDW................................... ........... 0603891C.................. ........... $32.2 Left Through Right of MDA #4
Launch Integration/
Antenna, software
development & C2BMC
integration.
RDDW................................... ........... 0603890C.................. ........... $12.4 Electronic Attack/ MDA #6
Electronic Protection.
RDDW................................... ........... 0603891C.................. ........... $27.3 Electronic Warfare for MDA #9
Missile Defense.
OPN.................................... 126 .......................... ........... $36.9 Somalia presistent AFRICOM #1
presence.
OMA.................................... ........... .......................... 411 $95.3 Contract ISR............. AFRICOM #2
OMA.................................... ........... .......................... 411 $2.1 Contract ISR............. AFRICOM #2
OMA.................................... ........... .......................... 411 $4.7 Contract ISR............. AFRICOM #2
RDA.................................... ........... 0603766A.................. ........... $14.7 Air Vigilance O&S........ CENTCOM #1
RDAF................................... ........... 0207247F.................. ........... $15.0 AF TENCAP Crestone CENTCOM #1
Database.
OMAF................................... ........... .......................... 015F $16.0 GPN-CENT................. CENTCOM #2
OMAF................................... ........... .......................... 015F $8.0 Data analysis and AI CENTCOM #3
initiative.
OMAF................................... ........... .......................... 015F $34.0 MSS licenses............. CENTCOM #3
OMAF................................... ........... .......................... 015F $30.0 Cloud transition......... CENTCOM #3
........... 0303055F.................. 011Z $81.2 European Communications EUCOM #1
Infrastructure.
........... 0207522F.................. 012C $78.3 Air Based Air Defense.... EUCOM #2
RDDW................................... ........... 0604331D8Z................ ........... $174.0 Joint Fires Network (JFN) INDOPACOM #1
RDDW................................... ........... 0604102C.................. ........... $147.0 Guam Defense System...... INDOPACOM #2
OMAF................................... ........... .......................... 011C $90.0 INDOPACOM Campaigning.... INDOPACOM #5
OMMC................................... ........... .......................... 1A1A $8.0 INDOPACOM Campaigning.... INDOPACOM #5
OMN.................................... ........... .......................... 1CCM $36.0 INDOPACOM Campaigning.... INDOPACOM #5
OMN.................................... ........... .......................... 1CCM $49.0 Joint Training Team...... INDOPACOM #9
OMN.................................... ........... .......................... 1CCM $25.5 Joint Task Force INDOPACOM #10
Micronesia.
RDDW................................... ........... 0604331D8Z................ ........... $10.0 Joint Experimentation and INDOPACOM #12
Innovation.
OMN.................................... ........... .......................... 1CCM $9.0 Joint Experimentation and INDOPACOM #12
Innovation.
OPN.................................... 43 .......................... ........... $117.0 Persistent Targeting for INDOPACOM #17
Undersea.
OMN.................................... ........... .......................... 1CCM $9.0 Joint Task Force Indo- INDOPACOM #24
Pacific (JTF-IP).
OMN.................................... ........... .......................... 1CCM $5.0 Headquarters Manpower INDOPACOM #26
Enhancements.
OMDW................................... ........... .......................... 8PLI $69.9 Joint Training, Exercise INDOPACOM #27
and Evaluation Program.
(JTEEP)..................
RDAF................................... ........... 0604617F.................. ........... $4.5 Arctic capable prepo NORTHCOM #1
shelters.
RDAF................................... ........... 0604617F.................. ........... $5.5 Arctic capable prepo NORTHCOM #1
shelters.
OMAF................................... ........... .......................... 015C $5.2 Counter strategic NORTHCOM #2
competitors in Western
Hemisphere.
RDAF................................... ........... 0604617F.................. ........... $1.0 Arctic campaigning....... NORTHCOM #3
RDAF................................... ........... 0604617F.................. ........... $6.0 Arctic campaigning....... NORTHCOM #3
RDAF................................... ........... 0102417F.................. ........... $55.0 OTH-R capability NORTHCOM #4
acceleration.
RDAF................................... ........... 0102326F.................. ........... $9.8 Domain awareness tech dev NORTHCOM #5
RDAF................................... ........... 01002412F................. ........... $27.0 ARCHER................... NORTHCOM #6
OPAF................................... 22 .......................... ........... $211.5 3DELLR................... NORTHCOM #7
RDAF................................... ........... 0102326F.................. ........... $4.2 HDCS..................... NORTHCOM #8
RDAF................................... ........... 0102326F.................. ........... $33.2 ERSA..................... NORTHCOM #9
RDAF................................... ........... 0201130F.................. ........... $13.9 Core tech investment..... NORTHCOM #10
O&M, DW................................ ........... .......................... 1PL7 $31.1 Counter Uncrewed Aerial SOCOM
Systems (CUAS) Group.
3 Defeat Acceleration....
PROC, DW............................... 75 .......................... ........... $9.3 Counter Uncrewed Aerial SOCOM
Systems (CUAS) Group.
3 Defeat Acceleration....
OMMC................................... ........... .......................... 1A1A $9.9 Global Prepositioning SOUTHCOM #22
Network (GPN) Concept.
RDSF................................... ........... 9999...................... ........... $143.0 SPACECOM classified SPACECOM #3
program.
RDSF................................... ........... 9999...................... ........... $127.0 SPACECOM classified SPACECOM #5
program.
RDSF................................... ........... 9999...................... ........... $68.0 SPACECOM classified SPACECOM #6
program.
OMAF................................... ........... .......................... 015X $20.0 Space warfighting terrain SPACECOM #7
$ 24,969.4
----------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2024 Senate Senate
Account State/Country Installation Project Title Request Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Army............................... Alabama................. Anniston Army Depot.... OPEN STORAGE (P&D)..... 0 270 270
Army............................... Alabama................. Redstone Arsenal....... SUBSTATION............. 50,000 0 50,000
Army............................... Alaska.................. Fort Wainwright........ COST TO COMPLETE: 34,000 0 34,000
ENLISTED UNACCOMPANIED
PERS HSG.
Army............................... Alaska.................. Fort Wainwright........ SOLDER PERFORMANCE 0 7,900 7,900
READINESS CENTER (P&D).
Army............................... Florida................. Eglin Air Force Base... BARRACKS............... 0 75,000 75,000
Army............................... Georgia................. Hunter Army Airfield... AIRCRAFT MAINTENANCE 0 9,900 9,900
HANGAR (P&D).
Army............................... Georgia................. Fort Eisenhower........ CYBER INSTRUCTIONAL 163,000 -90,000 73,000
FACILITY (CLASSROOMS).
Army............................... Germany................. Grafenwoehr............ AUTOMATED MULTIPURPOSE 10,400 0 10,400
MACHINE GUN RANGE.
Army............................... Germany................. Hohenfels.............. SIMULATIONS CENTER..... 56,000 0 56,000
Army............................... Germany................. Pulaski Barracks....... CHILD DEVELOPMENT 0 25,000 25,000
CENTER.
Army............................... Hawaii.................. Aliamanu Military WATER STORAGE TANK..... 20,000 0 20,000
Reservation.
Army............................... Hawaii.................. Fort Shafter........... CLEARWELL AND BOOSTER 0 23,000 23,000
PUMP.
Army............................... Hawaii.................. Helemano Military WELLS AND STORAGE TANK. 0 33,000 33,000
Reservation.
Army............................... Hawaii.................. Schofield Barracks..... ELEVATED TANK AND 0 21,000 21,000
DISTRIBUTION LINE.
Army............................... Hawaii.................. Schofield Barracks..... WATER STORAGE TANK..... 0 16,000 16,000
Army............................... Hawaii.................. Wheeler Army Airfield.. AIR TRAFFIC CONTROL 0 5,400 5,400
TOWER (P&D).
Army............................... Indiana................. Crane Army Ammunition EARTH COVERED MAGAZINES 0 1,195 1,195
Plant. (P&D).
Army............................... Illinois................ Rock Island Arsenal.... CHILD DEVELOPMENT 0 44,000 44,000
CENTER ADDITION.
Army............................... Kansas.................. Fort Riley............. AIR TRAFFIC CONTROL 0 1,600 1,600
TOWER (P&D).
Army............................... Kansas.................. Fort Riley............. AIRCRAFT MAINTENANCE 105,000 0 105,000
HANGER.
Army............................... Kentucky................ Blue Grass Army Depot.. SMALL ARMS 0 3,300 3,300
MODERNIZATION (P&D).
Army............................... Kentucky................ Fort Campbell.......... AIR TRAFFIC CONTROL 0 2,500 2,500
TOWER (P&D).
Army............................... Kentucky................ Fort Campbell.......... MULTIPURPOSE TRAINING 38,000 0 38,000
RANGE.
Army............................... Kentucky................ Fort Knox.............. MIDDLE SCHOOL ADDITION 0 6,600 6,600
(P&D).
Army............................... Kwajalein............... Kwajalein Atoll........ COST TO COMPLETE: PIER. 0 15,000 15,000
Army............................... Louisiana............... Fort Johnson........... BARRACKS............... 0 106,000 106,000
Army............................... Louisiana............... Fort Johnson........... MULTIPURPOSE ATHLETIC 0 13,400 13,400
FIELD.
Army............................... Maryland................ Fort Meade............. CHILD DEVELOPMENT 0 50,000 50,000
CENTER.
Army............................... Massachusetts........... Soldier Systems Center BARRACKS ADDITION...... 18,500 0 18,500
Natick.
Army............................... Michigan................ Detroit Arsenal........ GROUND TRANSPORT 72,000 0 72,000
EQUIPMENT BUILDING.
Army............................... New Mexico.............. White Sands Missile J-DETC DIRECTED ENERGY 0 5,500 5,500
Range. FACILITY (P&D).
Army............................... New York................ Fort Hamilton.......... CHILD DEVELOPMENT 0 25,000 25,000
CENTER.
Army............................... New York................ Watervliet Arsenal..... TANK FARM (P&D)........ 0 160 160
Army............................... North Carolina.......... Fort Liberty........... AUTOMATED RECORD FIRE 19,500 0 19,500
RANGE.
Army............................... North Carolina.......... Fort Liberty........... BARRACKS............... 50,000 0 50,000
Army............................... North Carolina.......... Fort Liberty........... BARRACKS (FACILITY 85,000 0 85,000
PROTOTYPING).
Army............................... North Carolina.......... Fort Liberty........... CHILD DEVELOPMENT 0 39,000 39,000
CENTER.
Army............................... Oklahoma................ McAlester Army WATER TREATMENT PLANT 0 1,194 1,194
Ammunition Plant. (P&D).
Army............................... Pennsylvania............ Letterkenny Army Depot. ANECHOIC CHAMBER (P&D). 0 275 275
Army............................... Pennsylvania............ Letterkenny Army Depot. GUIDED MISSILE 89,000 0 89,000
MAINTENANCE BUILDING.
Army............................... Pennsylvania............ Tobyhanna Army Depot... HELIPAD (P&D).......... 0 311 311
Army............................... Pennsylvania............ Tobyhanna Army Depot... RADAR MAINTENANCE SHOP 0 259 259
(P&D).
Army............................... Poland.................. Various Locations...... PLANNING & DESIGN...... 0 25,710 25,710
Army............................... South Carolina.......... Fort Jackson........... CHILD DEVELOPMENT 0 41,000 41,000
CENTER.
Army............................... South Carolina.......... Fort Jackson........... COST TO COMPLETE: 0 66,000 66,000
RECEPTION BARRACKS
COMPLEX, PHASE 2.
Army............................... Texas................... Fort Bliss............. RAIL YARD.............. 74,000 0 74,000
Army............................... Texas................... Fort Cavazos........... BARRACKS (P&D)......... 0 20,000 20,000
Army............................... Texas................... Fort Cavazos........... TACTICAL EQUIPMENT 0 5,800 5,800
MAINTENANCE FACILITIES
(P&D).
Army............................... Texas................... Red River Army Depot... COMPONENT REBUILD SHOP. 113,000 -66,600 46,400
Army............................... Texas................... Red River Army Depot... NON-DESTRUCTIVE TESTING 0 280 280
FACILITY (P&D).
Army............................... Texas................... Red River Army Depot... STANDBY GENERATOR (P&D) 0 270 270
Army............................... Virginia................ Fort Belvoir........... EQUINE TRAINING 0 4,000 4,000
FACILITY (P&D).
Army............................... Virginia................ Fort Belvoir........... EQUINE FACILITY........ 0 40,000 40,000
Army............................... Virginia................ Joint Base Myer- BARRACKS............... 0 177,000 177,000
Henderson Hall.
Army............................... Washington.............. Joint Base Lewis- BARRACKS............... 100,000 0 100,000
McChord.
Army............................... Washington.............. Joint Base Lewis- VEHICLE MAINTENANCE 0 7,500 7,500
McChord. SHOP (P&D).
Army............................... Worldwide Unspecified... Unspecified Worldwide.. BARRACKS REPLACEMENT 0 50,000 50,000
FUND.
Army............................... Worldwide Unspecified... Unspecified Worldwide HOST NATION SUPPORT.... 26,000 0 26,000
Locations.
Army............................... Worldwide Unspecified... Unspecified Worldwide MINOR CONSTRUCTION..... 76,280 0 76,280
Locations.
Army............................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN...... 270,875 0 270,875
Locations.
Subtotal Military 1,470,555 812,724 2,283,279
Construction, Army.
--------------------------
NAVY
Navy............................... Australia............... Royal Australian Air PDI: AIRCRAFT PARKING 134,624 0 134,624
Force Base Darwin. APRON (INC).
Navy............................... California.............. Marine Corps Air Ground COMMUNICATIONS TOWERS.. 42,100 0 42,100
Combat Center
Twentynine Palms.
Navy............................... California.............. Marine Corps Base Camp FIRE/EMERGENCY RESPONSE 0 26,825 26,825
Pendleton. STATION (53 AREA)
REPLACEMENT.
Navy............................... California.............. Port Hueneme........... LABORATORY COMPOUND 110,000 -95,000 15,000
FACILITIES
IMPROVEMENTS.
Navy............................... Connecticut............. Naval Submarine Base SUBMARINE PIER 31 112,518 -75,800 36,718
New London. EXTENSION.
Navy............................... Connecticut............. Naval Submarine Base WEAPONS MAGAZINE & 219,200 -200,000 19,200
New London. ORDNANCE OPERATIONS
FAC..
Navy............................... District Of Columbia.... Marine Barracks BACHELOR ENLISTED 131,800 -115,000 16,800
Washington. QUARTERS & SUPPORT
FACILITY.
Navy............................... District of Columbia.... Naval Support Activity. ELECTROMAGNETIC & CYBER 0 40,000 40,000
COUNTERMEASURES LAB
(P&D).
Navy............................... Djibouti................ Camp Lemonnier......... ELECTRICAL POWER PLANT. 0 20,000 20,000
Navy............................... Florida................. Naval Air Station AHTS HANGAR............ 0 50,000 50,000
Whiting Field.
Navy............................... Georgia................. Marine Corps Logistics CONSOLIDATED 0 63,970 63,970
Base Albany. COMMUNICATION FACILITY.
Navy............................... Guam.................... Andersen Air Force Base PDI: CHILD DEVELOPMENT 105,220 -50,000 55,220
CENTER.
Navy............................... Guam.................... Andersen Air Force Base PDI: JOINT CONSOL. 107,000 0 107,000
COMM. CENTER (INC).
Navy............................... Guam.................... Joint Region Marianas.. PDI: JOINT 292,830 -261,500 31,330
COMMUNICATION UPGRADE
(INC).
Navy............................... Guam.................... Joint Region Marianas.. PDI: MISSILE 174,540 -130,000 44,540
INTEGRATION TEST
FACILITY.
Navy............................... Guam.................... Naval Base Guam........ PDI: 9TH ESB TRAINING 23,380 0 23,380
COMPLEX.
Navy............................... Guam.................... Naval Base Guam........ PDI: ARTILLERY BATTERY 137,550 -70,000 67,550
FACILITIES.
Navy............................... Guam.................... Naval Base Guam........ PDI: CONSOLIDATED MEB 19,740 0 19,740
HQ/NCIS PHII.
Navy............................... Guam.................... Naval Base Guam........ PDI: RECREATION CENTER. 34,740 0 34,740
Navy............................... Guam.................... Naval Base Guam........ PDI: RELIGIOUS MINISTRY 46,350 0 46,350
SERVICES FACILITY.
Navy............................... Guam.................... Naval Base Guam........ PDI: SATELLITE 166,159 -110,000 56,159
COMMUNICATIONS
FACILITY (INC).
Navy............................... Guam.................... Naval Base Guam........ PDI: TRAINING CENTER... 89,640 0 89,640
Navy............................... Hawaii.................. Joint Base Pearl Harbor- DRY DOCK 3 REPLACEMENT 1,318,711 91,000 1,409,711
Hickam. (INC).
Navy............................... Hawaii.................. Joint Base Pearl Harbor- WATERFRONT PRODUCTION 0 60,000 60,000
Hickam. FACILITY (P&D).
Navy............................... Hawaii.................. Marine Corps Base WATER RECLAMATION 0 40,000 40,000
Kaneohe Bay. FACILITY COMPLIANCE
UPGRADE.
Navy............................... Italy................... Naval Air Station EDI: ORDNANCE MAGAZINES 77,072 0 77,072
Sigonella.
Navy............................... Maine................... Portsmouth Naval MULTI-MISSION DRYDOCK 544,808 0 544,808
Shipyard. #1 EXTENSION (INC).
Navy............................... Maryland................ Fort Meade............. CYBERSECURITY 186,480 -125,900 60,580
OPERATIONS FACILITY.
Navy............................... Maryland................ Naval Air Station AIRCRAFT DEVELOPMENT 141,700 -79,700 62,000
Patuxent River. AND MAINTENANCE
FACILITIES.
Navy............................... North Carolina.......... Marine Corps Air 2D LAAD MAINTENANCE AND 0 50,000 50,000
Station Cherry Point. OPERATIONS FACILITIES.
Navy............................... North Carolina.......... Marine Corps Air AIRCRAFT MAINTENANCE 19,529 0 19,529
Station Cherry Point. HANGAR (INC).
Navy............................... North Carolina.......... Marine Corps Air MAINTENANCE FACILITY & 125,150 -85,000 40,150
Station Cherry Point. MARINE AIR GROUP HQS.
Navy............................... North Carolina.......... Marine Corps Base Camp 10TH MARINES 0 20,000 20,000
Lejeune. MAINTENANCE &
OPERATIONS COMPLEX.
Navy............................... North Carolina.......... Marine Corps Base Camp AMPHIBIOUS COMBAT 0 31,890 31,890
Lejeune. VEHICLE SHELTERS.
Navy............................... North Carolina.......... Marine Corps Base Camp CORROSION REPAIR 0 20,000 20,000
Lejeune. FACILITY REPLACEMENT.
Navy............................... Pennsylvania............ Naval Surface Warfare AI MACHINERY CONTROL 0 88,200 88,200
Center Philadelphia DEVELOPMENT CENTER.
Dam Neck Annex.
Navy............................... Virginia................ ....................... MARITIME SURVEILLANCE 109,680 0 109,680
SYSTEM FACILITY.
Navy............................... Virginia................ Joint Expeditionary CHILD DEVELOPMENT 35,000 0 35,000
Base Little Creek-- CENTER.
Fort Story.
Navy............................... Virginia................ Marine Corps Base WATER TREATMENT PLANT.. 127,120 -90,000 37,120
Quantico.
Navy............................... Virginia................ Naval Station Norfolk.. CHILD DEVELOPMENT 43,600 0 43,600
CENTER.
Navy............................... Virginia................ Naval Station Norfolk.. MQ-25 AIRCRAFT LAYDOWN 114,495 -103,000 11,495
FACILITIES.
Navy............................... Virginia................ Naval Station Norfolk.. SUBMARINE PIER 3 (INC). 99,077 0 99,077
Navy............................... Virginia................ Naval Weapons Station WEAPONS MAGAZINES...... 221,920 -175,000 46,920
Yorktown.
Navy............................... Virginia................ Norfolk Naval Shipyard. DRY DOCK SALTWATER 81,082 0 81,082
SYSTEM FOR CVN-78
(INC).
Navy............................... Washington.............. Naval Base Kitsap...... ALTERNATE POWER 0 19,000 19,000
TRANSMISSION LINE.
Navy............................... Washington.............. Naval Base Kitsap...... ARMORED FIGHTING 0 31,000 31,000
VEHICLE SUPPORT
FACILITY.
Navy............................... Washington.............. Naval Base Kitsap...... SHIPYARD ELECTRICAL 195,000 -180,000 15,000
BACKBONE.
Navy............................... Worldwide Unspecified... Unspecified Worldwide.. BARRACKS REPLACEMENT 0 75,000 75,000
FUND.
Navy............................... Worldwide Unspecified... Unspecified Worldwide.. INDOPACOM PLANNING & 0 69,000 69,000
DESIGN.
Navy............................... Worldwide Unspecified... Unspecified Worldwide.. MCON-D (UTILITIES 0 85,000 85,000
MILCON) (P&D).
Navy............................... Worldwide Unspecified... Unspecified Worldwide.. SIOP (P&D)............. 0 50,000 50,000
Navy............................... Worldwide Unspecified... Unspecified Worldwide.. PLANNING & DESIGN...... 599,942 0 599,942
Navy............................... Worldwide Unspecified... Unspecified Worldwide.. UNSPECIFIED MINOR 34,430 30,000 64,430
CONSTRUCTION.
Navy............................... Worldwide Unspecified... Unspecified Worldwide.. USMC PLANNING & DESIGN. 0 48,741 48,741
........................ ....................... Subtotal Military 6,022,187 -936,274 5,085,913
Construction, Navy.
AIR FORCE.......................... ........................ ....................... ....................... ........... ........... ...........
Air Force.......................... Alaska.................. Eielson Air Force Base. CONSOLIDATED MUNITIONS 0 1,200 1,200
COMPLEX (P&D).
Air Force.......................... Alaska.................. Eielson Air Force Base. JOINT PACIFIC ALASKA 0 1,100 1,100
RANGE COMPLEX (JPARC)
OPS FACILITY (P&D).
Air Force.......................... Alaska.................. Joint Base Elmendorf- EXTEND RUNWAY 16/34 107,500 0 107,500
Richardson. (INC 3).
Air Force.......................... Alaska.................. Joint Base Elmendorf- PRECISION GUIDED 0 6,100 6,100
Richardson. MISSILE COMPLEX (P&D).
Air Force.......................... Arizona................. Luke Air Force Base.... GILA BEND (P&D)........ 0 2,600 2,600
Air Force.......................... Australia............... Royal Australian Air PDI: SQUADRON 26,000 0 26,000
Force Base Darwin. OPERATIONS FACILITY.
Air Force.......................... Australia............... Royal Australian Air PDI: AIRCRAFT 17,500 0 17,500
Force Base Tindal. MAINTENANCE SUPPORT
FACILITY.
Air Force.......................... Australia............... Royal Australian Air PDI: SQUADRON 20,000 0 20,000
Force Base Tindal. OPERATIONS FACILITY.
Air Force.......................... Australia............... Royal Australian Air PDI: BOMBER APRON...... 93,000 0 93,000
Force Base Tindal.
Air Force.......................... District of Columbia.... Joint Base Anacostia- LARGE VEHICLE 0 50,000 50,000
Bolling. INSPECTION STATION.
Air Force.......................... Florida................. MacDill Air Force Base. KC-46A ADAL AIRCRAFT 25,000 0 25,000
CORROSION CONTROL.
Air Force.......................... Florida................. MacDill Air Force Base. KC-46A ADAL AIRCRAFT 27,000 0 27,000
MAINTENANCE HANGAR.
Air Force.......................... Florida................. MacDill Air Force Base. KC-46A ADAL APRON & 61,000 0 61,000
HYDRANT FUELING PITS.
Air Force.......................... Florida................. MacDill Air Force Base. KC-46A ADAL FUEL SYSTEM 18,000 0 18,000
MAINTENANCE DOCK.
Air Force.......................... Florida................. Patrick Space Force COMMERCIAL VEHICLE 15,000 0 15,000
Base. INSPECTION.
Air Force.......................... Florida................. Patrick Space Force COST TO COMPLETE: 15,000 0 15,000
Base. CONSOLIDATED
COMMUNICATIONS CENTER.
Air Force.......................... Florida................. Patrick Space Force FINAL DENIAL BARRIERS, 12,000 0 12,000
Base. SOUTH GATE.
Air Force.......................... Florida................. Tyndall Air Force Base. NATURAL DISASTER 0 252,000 252,000
RECOVERY.
Air Force.......................... Georgia................. Robins Air Force Base.. BATTLE MANAGEMENT 115,000 0 115,000
COMBINED OPERATIONS
COMPLEX.
Air Force.......................... Guam.................... Joint Region Marianas.. PDI: NORTH AIRCRAFT 109,000 0 109,000
PARKING RAMP (INC).
Air Force.......................... Japan................... Kadena Air Base........ PDI: HELO RESCUE OPS 46,000 0 46,000
MAINTENANCE HANGAR
(INC 3).
Air Force.......................... Japan................... Kadena Air Base........ PDI: THEATER A/C 42,000 0 42,000
CORROSION CONTROL CTR
(INC).
Air Force.......................... Louisiana............... Barksdale Air Force CHILD DEVELOPMENT 0 2,000 2,000
Base. CENTER (P&D).
Air Force.......................... Louisiana............... Barksdale Air Force DORMITORY (P&D)........ 0 7,000 7,000
Base.
Air Force.......................... Louisiana............... Barksdale Air Force WEAPONS GENERATION 112,000 0 112,000
Base. FACILITY (INC 3).
Air Force.......................... Mariana Islands......... Tinian................. PDI: AIRFIELD 26,000 0 26,000
DEVELOPMENT, PHASE 1
(INC 3).
Air Force.......................... Mariana Islands......... Tinian................. PDI: FUEL TANKS W/ 20,000 0 20,000
PIPELINE & HYDRANT
(INC 3).
Air Force.......................... Mariana Islands......... Tinian................. PDI: PARKING APRON (INC 32,000 0 32,000
3).
Air Force.......................... Massachusetts........... Hanscom Air Force Base. CHILD DEVELOPMENT 37,000 0 37,000
CENTER.
Air Force.......................... Massachusetts........... Hanscom Air Force Base. MIT-LINCOLN LAB (WEST 70,000 0 70,000
LAB CSL/MIF) (INC 4).
Air Force.......................... Mississippi............. Columbus Air Force Base T-7A GROUND BASED 30,000 0 30,000
TRAINING SYSTEM
FACILITY.
Air Force.......................... Mississippi............. Columbus Air Force Base T-7A UNIT MAINTENANCE 9,500 0 9,500
TRAINING FACILITY.
Air Force.......................... Mississippi............. Keesler Air Force Base. AIR TRAFFIC CONTROL 0 2,000 2,000
TOWER (P&D).
Air Force.......................... Montana................. Malmstrom Air Force FIRE STATION BAY/ 0 10,300 10,300
Base. STORAGE AREA.
Air Force.......................... Nebraska................ Offutt Air Force Base.. 55 CES MAINTENANCE/ 0 4,500 4,500
WAREHOUSE (P&D).
Air Force.......................... Nebraska................ Offutt Air Force Base.. BASE OPERATIONS/ 0 5,000 5,000
MOBILITY CENTER (P&D).
Air Force.......................... Nebraska................ Offutt Air Force Base.. LOGISTICS READINESS 0 3,500 3,500
SQUADRON
TRANSPORTATION
FACILITY (P&D).
Air Force.......................... Nevada.................. Nellis Air Force Base.. F-35 COALITION HANGAR 0 5,500 5,500
(P&D).
Air Force.......................... Nevada.................. Nellis Air Force Base.. F-35 DATA LAB SUPPORT 0 700 700
FACILITY (P&D).
Air Force.......................... New Mexico.............. Cannon Air Force Base.. SATELLITE FIRE STATION 0 5,000 5,000
(P&D).
Air Force.......................... New Mexico.............. Kirtland Air Force Base COST TO COMPLETE: 0 24,400 24,400
WYOMING GATE UPGRADE
FOR ANTITERRORISM
COMPLIANCE.
Air Force.......................... Norway.................. Rygge Air Station...... EDI: DABS-FEV STORAGE.. 88,000 0 88,000
Air Force.......................... Norway.................. Rygge Air Station...... EDI: MUNITIONS STORAGE 31,000 0 31,000
AREA.
Air Force.......................... Ohio.................... Wright-Patterson Air ACQUISITION MANAGEMENT 0 19,500 19,500
Force Base. COMPLEX PHASE V (P&D).
Air Force.......................... Oklahoma................ Tinker Air Force Base.. KC-46 3-BAY DEPOT 78,000 0 78,000
MAINTENANCE HANGAR
(INC 3).
Air Force.......................... Oklahoma................ Vance Air Force Base... CONSOLIDATED 0 8,400 8,400
UNDERGRADUATE PILOT
TRAINING CENTER (P&D).
Air Force.......................... Philippines............. Cesar Basa Air Base.... PDI: TRANSIENT AIRCRAFT 35,000 0 35,000
PARKING APRON.
Air Force.......................... South Dakota............ Ellsworth Air Force B-21 FUEL SYSTEM 75,000 0 75,000
Base. MAINTENANCE DOCK.
Air Force.......................... South Dakota............ Ellsworth Air Force B-21 PHASE HANGAR...... 160,000 0 160,000
Base.
Air Force.......................... South Dakota............ Ellsworth Air Force B-21 WEAPONS GENERATION 160,000 0 160,000
Base. FACILITY (INC).
Air Force.......................... Spain................... Moron Air Base......... EDI: MUNITIONS STORAGE. 26,000 0 26,000
Air Force.......................... Texas................... Joint Base San Antonio- 91 CYBER OPERATIONS 0 48,000 48,000
Lackland. CENTER.
Air Force.......................... Texas................... Joint Base San Antonio- BMT--CHAPEL FOR 0 122,000 122,000
Lackland. AMERICA'S AIRMEN.
Air Force.......................... Texas................... Joint Base San Antonio- BMT--CLASSROOM/DINING 0 124,000 124,000
Lackland. FACILITY 4.
Air Force.......................... Texas................... Joint Base San Antonio- CHILD DEVELOPMENT 20,000 0 20,000
Lackland. CENTER.
Air Force.......................... United Kingdom.......... Royal Air Force COST TO COMPLETE: EDI 0 28,000 28,000
Fairford. DABS-FEV STORAGE.
Air Force.......................... United Kingdom.......... Royal Air Force COST TO COMPLETE: EDI 0 20,000 20,000
Fairford. MUNITIONS HOLDING AREA.
Air Force.......................... United Kingdom.......... Royal Air Force EDI: RADR STORAGE 47,000 0 47,000
Fairford. FACILITY.
Air Force.......................... United Kingdom.......... Royal Air Force EDI: RADR STORAGE 28,000 0 28,000
Lakenheath. FACILITY.
Air Force.......................... United Kingdom.......... Royal Air Force SURETY DORMITORY....... 50,000 0 50,000
Lakenheath.
Air Force.......................... Utah.................... Hill Air Force Base.... F-35 COMPOSITE REPAIR & 0 171,000 171,000
TRAINING FACILITY,
PHASE 1.
Air Force.......................... Utah.................... Hill Air Force Base.... F-35 MAINTENANCE 0 235,000 235,000
FACILITY, PHASE 1.
Air Force.......................... Utah.................... Hill Air Force Base.... F-35 T-7A EAST CAMPUS 82,000 0 82,000
INFRASTRUCTURE.
Air Force.......................... Virginia................ Langley Air Force Base. COST TO COMPLETE-- 0 84,000 84,000
DORMITORY.
Air Force.......................... Worldwide Unspecified... Unspecified Worldwide.. BARRACKS REPLACEMENT 0 50,000 50,000
FUND.
Air Force.......................... Worldwide Unspecified... Unspecified Worldwide EDI: PLANNING & DESIGN. 5,648 0 5,648
Locations.
Air Force.......................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN...... 429,266 0 429,266
Locations.
Air Force.......................... Worldwide Unspecified... Unspecified Worldwide UNSPECIFIED MINOR 64,900 0 64,900
Locations. MILITARY CONSTRUCTION.
Air Force.......................... Wyoming................. F.E. Warren Air Force COST TO COMPLETE: 0 18,000 18,000
Base. CONSOLIDATED HELO/TRF
OPS/AMU AND ALERT
FACILITY.
Air Force.......................... Wyoming................. F.E. Warren Air Force GBSD INTEGRATED COMMAND 27,000 0 27,000
Base. CENTER (INC 2).
Air Force.......................... Wyoming................. F.E. Warren Air Force GBSD INTEGRATED 85,000 0 85,000
Base. TRAINING CENTER.
Air Force.......................... Wyoming................. F.E. Warren Air Force GBSD MISSILE HANDLING 28,000 0 28,000
Base. COMPLEX (INC 2).
--------------------------
........................ ....................... Subtotal Military 2,605,314 1,310,800 3,916,114
Construction, Air
Force.
DEFENSE-WIDE ........................ ....................... ....................... ........... ........... ...........
Defense-Wide....................... Alabama................. Redstone Arsenal....... GROUND TEST FACILITY 147,975 -70,000 77,975
INFRASTRUCTURE.
Defense-Wide....................... California.............. Marine Corps Air AMBULATORY CARE CENTER-- 103,000 -82,400 20,600
Station Miramar. DENTAL CLINIC ADD//ALT.
Defense-Wide....................... California.............. Marine Corps Air ELECTRICAL 0 30,550 30,550
Station Miramar. INFRASTRUCTURE, ON-
SITE GENERATION, AND
MICROGRID IMPROVEMENTS.
Defense-Wide....................... California.............. Monterey............... COST TO COMPLETE: COGEN 0 5,460 5,460
PLANT AT B236.
Defense-Wide....................... California.............. Mountain View.......... INSTALL MICROGRID, 0 15,500 15,500
750KW PV, 750KWH BESS,
& 800KW GENERATOR
SYSTEM.
Defense-Wide....................... California.............. Naval Base Coronado.... COST TO COMPLETE: ATC 0 11,400 11,400
OPERATIONS SUPPORT
FACILITY.
Defense-Wide....................... California.............. Naval Base Coronado.... SOF NAVAL SPECIAL 0 51,000 51,000
WARFARE COMMAND
OPERATIONS SUPPORT
FACILITY, PHASE 2.
Defense-Wide....................... California.............. Naval Base San Diego... AMBULATORY CARE CENTER-- 101,644 -79,460 22,184
DENTAL CLINIC REPLMT.
Defense-Wide....................... California.............. Naval Base San Diego... MICROGRID AND BACKUP 0 6,300 6,300
POWER.
Defense-Wide....................... California.............. Naval Base Ventura COST TO COMPLETE: 0 16,840 16,840
County. GROUND MOUNTED SOLAR
PV.
Defense-Wide....................... California.............. Vandenberg Space Force MICROGRID WITH BACKUP 0 57,000 57,000
Base. POWER.
Defense-Wide....................... Colorado................ Buckley Space Force REDUNDANT ELECTRICAL 0 9,000 9,000
Base. SUPPLY.
Defense-Wide....................... Colorado................ Buckley Space Force REPLACEMENT WATER WELL. 0 5,700 5,700
Base.
Defense-Wide....................... Cuba.................... Guantanamo Bay Naval AMBULATORY CARE CENTER 60,000 0 60,000
Station. (INC 1).
Defense-Wide....................... Delaware................ Dover Air Force Base... ARMED SERVICES WHOLE 0 30,500 30,500
BLOOD PROCESSING
LABORATORY.
Defense-Wide....................... Diego Garcia............ Naval Support Facility MICROGRID ELECTRIC 0 16,820 16,820
Diego Garcia. DISTRIBUTION LINE
UPGRADE.
Defense-Wide....................... Djibouti................ Camp Lemonnier......... COST TO COMPLETE: 0 5,200 5,200
ENHANCE ENERGY
SECURITY AND CONTROL
SYSTEMS.
Defense-Wide....................... Florida................. Naval Air Station POTABLE WATER 0 31,220 31,220
Whiting Field. DISTRIBUTION SYSTEM.
Defense-Wide....................... Georgia................. Fort Benning........... COST TO COMPLETE: 5.2MW 0 27,351 27,351
MICROGRID & GENERATION
PLANT.
Defense-Wide....................... Georgia................. Kings Bay.............. COST TO COMPLETE: SCADA 0 2,700 2,700
MODERNIZATION.
Defense-Wide....................... Georgia................. Naval Submarine Base COST TO COMPLETE: 0 25,190 25,190
Kings Bay. ELECTRICAL
TRANSMISSION AND
DISTRIBUTION
IMPROVEMENTS (PHAS.
Defense-Wide....................... Georgia................. Naval Submarine Base ELECTRICAL TRANSMISSION 0 49,500 49,500
Kings Bay. AND DISTRIBUTION
IMPROVEMENTS, PHASE 2.
Defense-Wide....................... Germany................. Baumholder............. HUMAN PERFORMANCE 0 16,700 16,700
TRAINING CENTER.
Defense-Wide....................... Germany................. Baumholder............. SOF COMPANY OPERATIONS 41,000 0 41,000
FACILITY.
Defense-Wide....................... Germany................. Baumholder............. SOF JOINT PARACHUTE 23,000 0 23,000
RIGGING FACILITY.
Defense-Wide....................... Germany................. Kaiserslautern Air Base KAISERSLAUTERN MIDDLE 21,275 0 21,275
SCHOOL.
Defense-Wide....................... Germany................. Ramstein Air Base...... RAMSTEIN MIDDLE SCHOOL. 181,764 0 181,764
Defense-Wide....................... Germany................. Rhine Ordnance Barracks MEDICAL CENTER 77,210 0 77,210
REPLACEMENT (INC 11).
Defense-Wide....................... Germany................. Stuttgart.............. ROBINSON BARRACKS ELEM 8,000 0 8,000
SCHOOL REPLACEMENT.
Defense-Wide....................... Hawaii.................. Joint Base Pearl Harbor- COST TO COMPLETE: FY20 0 7,476 7,476
Hickam. 500 KW PV COVERED
PARKING EV CHARGING
STATION.
Defense-Wide....................... Hawaii.................. Joint Base Pearl Harbor- COST TO COMPLETE: 0 13,040 13,040
Hickam. PRIMARY ELECTRICAL
DISTRIBUTION.
Defense-Wide....................... Honduras................ Soto Cano Air Base..... FUEL FACILITIES........ 41,300 0 41,300
Defense-Wide....................... Italy................... Naples................. COST TO COMPLETE: SMART 0 7,610 7,610
GRID.
Defense-Wide....................... Japan................... Fleet Activities KINNICK HIGH SCHOOL 70,000 0 70,000
Yokosuka. (INC).
Defense-Wide....................... Japan................... Kadena Air Base........ PDI: SOF MAINTENANCE 88,900 0 88,900
HANGAR.
Defense-Wide....................... Japan................... Kadena Air Base........ PDI: SOF COMPOSITE 11,400 0 11,400
MAINTENANCE FACILITY.
Defense-Wide....................... Kansas.................. Forbes Field........... MICROGRID AND BACKUP 0 5,850 5,850
POWER.
Defense-Wide....................... Kansas.................. Fort Riley............. COST TO COMPLETE: POWER 0 15,468 15,468
GENERATION AND
MICROGRID.
Defense-Wide....................... Korea................... K-16 Air Base.......... K-16 EMERGENCY BACKUP 0 5,650 5,650
POWER.
Defense-Wide....................... Kuwait.................. Camp Arifjan........... COST TO COMPLETE: POWER 0 8,197 8,197
GENERATION AND
MICROGRID.
Defense-Wide....................... Kuwait.................. Camp Buehring.......... MICROGRID AND BACKUP 0 18,850 18,850
POWER.
Defense-Wide....................... Louisiana............... Naval Air Station Joint COST TO COMPLETE: 0 6,453 6,453
Reserve Base New DISTRIBUTION
Orleans. SWITCHGEAR.
Defense-Wide....................... Maryland................ Bethesda Naval Hospital MEDICAL CENTER ADDITION/ 101,816 0 101,816
ALTERATION (INC 7).
Defense-Wide....................... Maryland................ Fort Meade............. NSAW MISSION OPS AND 105,000 0 105,000
RECORDS CENTER (INC).
Defense-Wide....................... Maryland................ Fort Meade............. NSAW RECAP BUILDING 4 315,000 0 315,000
(INC).
Defense-Wide....................... Maryland................ Fort Meade............. NSAW RECAP BUILDING 5 65,000 0 65,000
(ECB 5) (INC).
Defense-Wide....................... Maryland................ Joint Base Andrews..... HYDRANT FUELING SYSTEM. 38,300 0 38,300
Defense-Wide....................... Missouri................ Lake City Army MICROGRID AND BACKUP 0 80,100 80,100
Ammunition Plant. POWER.
Defense-Wide....................... Montana................. Great Falls FUEL FACILITIES........ 30,000 0 30,000
International Airport.
Defense-Wide....................... Nebraska................ Offutt Air Force Base.. DEFENSE POW/MIA 0 5,000 5,000
ACCOUNTABILITY AGENCY
LABORATORY (P&D).
Defense-Wide....................... Nebraska................ Offutt Air Force Base.. MICROGRID AND BACKUP 0 41,000 41,000
POWER.
Defense-Wide....................... New Jersey.............. Sea Girt............... UNDERGROUND ELECTRICAL 0 44,000 44,000
DISTRIBUTION SYSTEM.
Defense-Wide....................... North Carolina.......... Fort Liberty........... COST TO COMPLETE: FORT 0 1,418 1,418
LIBERTY EMERGENCY
WATER SYSTEM.
Defense-Wide....................... North Carolina.......... Fort Liberty (Camp MICROGRID AND BACKUP 0 10,500 10,500
Mackall). POWER.
Defense-Wide....................... North Carolina.......... Marine Corps Base Camp MARINE RAIDER BATTALION 0 70,000 70,000
Lejeune. OPERATIONS FACILITY.
Defense-Wide....................... Oklahoma................ Fort Sill.............. MICROGRID AND BACKUP 0 76,650 76,650
POWER.
Defense-Wide....................... Pennsylvania............ Fort Indiantown Gap.... COST TO COMPLETE: 0 9,250 9,250
GEOTHERMAL AND SOLAR
PV.
Defense-Wide....................... Puerto Rico............. Fort Buchanan.......... MICROGRID AND BACKUP 0 56,000 56,000
POWER.
Defense-Wide....................... Puerto Rico............. Juana Diaz............. COST TO COMPLETE: 0 7,680 7,680
MICROGRID CONTROLS,
690 KW PV, 275KW GEN,
570 KWH BESS.
Defense-Wide....................... Puerto Rico............. Ramey.................. COST TO COMPLETE: 0 6,360 6,360
MICROGRID CONTROL
SYSTEM, 460 KW PV,
275KW GEN, 660 KWH BES.
Defense-Wide....................... Spain................... Naval Station Rota..... BULK TANK FARM, PHASE 1 80,000 0 80,000
Defense-Wide....................... Texas................... Fort Cavazos........... CENTRAL CHILLED WATER 0 32,000 32,000
PLANT.
Defense-Wide....................... Texas................... Fort Cavazos........... COST TO COMPLETE: POWER 0 18,900 18,900
GENERATION AND
MICROGRID.
Defense-Wide....................... Texas................... Fort Cavazos........... MICROGRID AND BACKUP 0 18,250 18,250
POWER.
Defense-Wide....................... Utah.................... Camp Williams.......... MICROGRID & WIND 0 20,100 20,100
TURBINE.
Defense-Wide....................... Utah.................... Hill Air Force Base.... OPEN STORAGE........... 14,200 0 14,200
Defense-Wide....................... Virginia................ Fort Belvoir........... DIA HEADQUARTERS ANNEX. 185,000 -160,000 25,000
Defense-Wide....................... Virginia................ Hampton Roads.......... COST TO COMPLETE: 0 1,200 1,200
BACKUP POWER
GENERATION.
Defense-Wide....................... Virginia................ Joint Expeditionary SOF SDVT2 OPERATIONS 61,000 0 61,000
Base Little Creek-- SUPPORT FACILITY.
Fort Story.
Defense-Wide....................... Virginia................ Fort Belvoir (NGA COST TO COMPLETE: 0 550 550
Campus East). CHILLED WATER
REDUNDANCY.
Defense-Wide....................... Virginia................ Pentagon............... HVAC EFFICIENCY 0 2,250 2,250
UPGRADES.
Defense-Wide....................... Virginia................ Pentagon............... SEC OPS AND PEDESTRIAN 30,600 0 30,600
ACCESS FACS.
Defense-Wide....................... Washington.............. Joint Base Lewis- POWER GENERATION AND 0 49,850 49,850
McChord. MICROGRID.
Defense-Wide....................... Washington.............. Joint Base Lewis- SOF CONSOLIDATED 62,000 0 62,000
McChord. RIGGING FACILITY.
Defense-Wide....................... Washington.............. Manchester............. BULK STORAGE TANKS, 71,000 0 71,000
PHASE 2.
Defense-Wide....................... Washington.............. Naval Base Kitsap...... MAIN SUBSTATION 0 31,520 31,520
REPLACEMENT AND
MICROGRID.
Defense-Wide....................... Washington.............. Naval Magazine Indian MICROGRID AND BACKUP 0 37,770 37,770
Island. POWER.
Defense-Wide....................... Washington.............. Naval Undersea Warfare SOF COLD WATER TRAINING 0 37,000 37,000
Center Keyport. AUSTERE ENVIRONMENT
FACILITY.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide.. INDOPACOM UNSPECIFIED 0 62,000 62,000
MINOR MILITARY
CONSTRUCTION.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide ENERGY RESILIENCE AND 548,000 -548,000 0
Locations. CONSERV. INVEST. PROG..
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide ERCIP PLANNING & DESIGN 86,250 0 86,250
Locations.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide EXERCISE RELATED MINOR 11,107 0 11,107
Locations. CONSTRUCTION.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN (DHA) 49,610 0 49,610
Locations.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN 32,579 0 32,579
Locations. (Defense-Wide).
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN 30,215 0 30,215
Locations. (CYBERCOM).
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN 25,130 0 25,130
Locations. (SOCOM).
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN (DLA) 24,000 0 24,000
Locations.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN 8,568 0 8,568
Locations. (DODEA).
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN (NSA) 3,068 0 3,068
Locations.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN (TJS) 2,000 0 2,000
Locations.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN (MDA) 1,035 0 1,035
Locations.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN (WHS) 590 0 590
Locations.
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide UNSPECIFIED MINOR 19,271 0 19,271
Locations. CONSTRUCTION (SOCOM).
Defense-Wide....................... Worldwide Unspecified... Unspecified Worldwide UNSPECIFIED MINOR 3,000 0 3,000
Locations. CONSTRUCTION (DEFENSE-
WIDE).
Defense-Wide....................... Worldwide Unspecified... Various Worldwide UNSPECIFIED MINOR 4,875 0 4,875
Locations. CONSTRUCTION (DLA).
Defense-Wide....................... Wyoming................. F.E. Warren Air Force MICROGRID AND BATTERY 0 25,000 25,000
Base. STORAGE.
--------------------------
Subtotal Military 2,984,682 307,013 3,291,695
Construction, Defense-
Wide.
ARMY NATIONAL GUARD
Army National Guard................ Alabama................. Fort McClellan......... COST TO COMPLETE: 0 7,000 7,000
ENLISTED BARRACKS, TT.
Army National Guard................ Alabama................. Huntsville............. COST TO COMPLETE: 0 4,650 4,650
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Arizona................. Surprise Readiness NATIONAL GUARD 15,000 0 15,000
Center. READINESS CENTER.
Army National Guard................ Arkansas................ Fort Chaffee........... COST TO COMPLETE: 0 610 610
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ California.............. Bakersfield............ COST TO COMPLETE: 0 1,000 1,000
VEHICLE MAINTENANCE
SHOP.
Army National Guard................ California.............. Camp Roberts........... COST TO COMPLETE: 0 5,000 5,000
AUTOMATED MULTIPURPOSE
MACHINE GUN (MPMG)
RANGE.
Army National Guard................ Colorado................ Peterson Space Force COST TO COMPLETE: 0 3,000 3,000
Base. NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Connecticut............. Putnam................. COST TO COMPLETE: 0 6,125 6,125
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Florida................. Camp Blanding.......... MULTIPURPOSE MACHINE 0 11,000 11,000
GUN RANGE.
Army National Guard................ Guam.................... Barrigada.............. COST TO COMPLETE: 0 6,900 6,900
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Idaho................... Jerome................. COST TO COMPLETE: 0 1,250 1,250
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Idaho................... Jerome County Regional NATIONAL GUARD VEHICLE 17,000 0 17,000
Site. MAINTENANCE SHOP.
Army National Guard................ Illinois................ Bloomington............ COST TO COMPLETE: 0 5,250 5,250
NATIONAL GUARD VEHICLE
MAINTENANCE SHOP.
Army National Guard................ Illinois................ North Riverside Armory. NATIONAL GUARD VEHICLE 24,000 0 24,000
MAINTENANCE SHOP.
Army National Guard................ Indiana................. Shelbyville............ COST TO COMPLETE: 0 5,000 5,000
NATIONAL GUARD
READINESS CENTER ADD/
ALT.
Army National Guard................ Kansas.................. Topeka................. COST TO COMPLETE: 0 5,856 5,856
NATIONAL GUARD/RESERVE
CENTER BUILDING.
Army National Guard................ Kentucky................ Burlington............. VEHICLE MAINTENANCE 0 16,400 16,400
SHOP.
Army National Guard................ Kentucky................ Frankfort.............. COST TO COMPLETE: 0 2,000 2,000
NATIONAL GUARD/RESERVE
CENTER BUILDING.
Army National Guard................ Louisiana............... Camp Beauregard........ COLLECTIVE TRAINING 0 2,400 2,400
UNACCOMPANIED HOUSING
OPEN-BAY (P&D).
Army National Guard................ Louisiana............... Camp Beauregard........ COST TO COMPLETE: 0 2,000 2,000
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Louisiana............... Camp Minden............ COST TO COMPLETE: 0 3,718 3,718
COLLECTIVE TRAINING
UNACCOMPANIED HOUSING,
OPEN BAY.
Army National Guard................ Maine................... Northern Maine Range AUTOMATED MULTIPURPOSE 0 2,800 2,800
Complex. MACHINE GUN RANGE
(P&D).
Army National Guard................ Maine................... Saco................... COST TO COMPLETE: 0 7,420 7,420
NATIONAL GUARD VEHICLE
MAINTENANCE SHOP.
Army National Guard................ Massachusetts........... Camp Edwards........... COST TO COMPLETE: 0 3,000 3,000
AUTOMATED MULTIPURPOSE
MACHINE GUN (MPMG)
RANGE.
Army National Guard................ Mississippi............. Camp Shelby............ CAMP SHELBY JFTC 0 2,200 2,200
RAILHEAD EXPANSION
(P&D).
Army National Guard................ Mississippi............. Camp Shelby............ COST TO COMPLETE: 0 5,425 5,425
MANEUVER AREA TRAINING
EQUIPMENT SITE
ADDITION.
Army National Guard................ Mississippi............. Southaven.............. NATIONAL GUARD 0 22,000 22,000
READINESS CENTER.
Army National Guard................ Missouri................ Belle Fontaine......... NATIONAL GUARD 28,000 0 28,000
READINESS CENTER.
Army National Guard................ Nebraska................ Bellevue............... COST TO COMPLETE: 0 9,090 9,090
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Nebraska................ Greenlief Training Site COLLECTIVE TRAINING 0 1,200 1,200
UNACCOMPANIED HOUSING
OPEN-BAY (P&D).
Army National Guard................ Nebraska................ Mead Training Site..... COST TO COMPLETE: 0 1,912 1,912
COLLECTIVE TRAINING
UNACCOMPANIED HOUSING,
OPEN BAY.
Army National Guard................ Nebraska................ North Platte........... COST TO COMPLETE: 0 400 400
NATIONAL GUARD VEHICLE
MAINTENANCE SHOP.
Army National Guard................ New Hampshire........... Concord................ COST TO COMPLETE: 0 200 200
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ New Hampshire........... Littleton.............. NATIONAL GUARD VEHICLE 23,000 0 23,000
MAINTENANCE SHOP ADD.
Army National Guard................ New Jersey.............. Joint Base McGuire-Dix- COST TO COMPLETE: 0 605 605
Lakehurst. NATIONAL GUARD
READINESS CENTER.
Army National Guard................ New Mexico.............. Rio Rancho Training NATIONAL GUARD VEHICLE 11,000 0 11,000
Site. MAINTENANCE SHOP ADD.
Army National Guard................ New York................ Lexington Avenue Armory NATIONAL GUARD 0 70,000 70,000
READINESS CENTER.
Army National Guard................ North Carolina.......... Salisbury.............. ARMY AVIATION SUPPORT 0 2,200 2,200
FACILITIES (P&D).
Army National Guard................ North Dakota............ Camp Grafton........... INSTITUTIONAL POST- 0 1,950 1,950
INITIAL MILITARY
TRAINING,
UNACCOMPANIED HOUSING
(P&D).
Army National Guard................ North Dakota............ Dickinson.............. COST TO COMPLETE: 0 5,425 5,425
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Ohio.................... Camp Perry Joint NATIONAL GUARD 19,200 0 19,200
Training Center. READINESS CENTER.
Army National Guard................ Ohio.................... Columbus............... COST TO COMPLETE: 0 4,000 4,000
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Oklahoma................ Ardmore................ COST TO COMPLETE: 0 400 400
VEHICLE MAINTENANCE
SHOP.
Army National Guard................ Oregon.................. Washington County NATIONAL GUARD 26,000 0 26,000
Readiness Center. READINESS CENTER.
Army National Guard................ Pennsylvania............ Hermitage Readiness NATIONAL GUARD 13,600 0 13,600
Center. READINESS CENTER.
Army National Guard................ Pennsylvania............ Moon Township.......... COST TO COMPLETE: 0 3,100 3,100
COMBINED SUPPORT
MAINTENANCE SHOP.
Army National Guard................ Puerto Rico............. Fort Allen............. COST TO COMPLETE: 0 3,678 3,678
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Rhode Island............ Camp Fogarty Training COLLECTIVE TRAINING 0 1,990 1,990
Site. UNACCOMPANIED HOUSING
OPEN-BAY (P&D).
Army National Guard................ Rhode Island............ North Kingstown........ NATIONAL GUARD 0 30,000 30,000
READINESS CENTER.
Army National Guard................ South Carolina.......... Aiken County Readiness NATIONAL GUARD 20,000 0 20,000
Center. READINESS CENTER.
Army National Guard................ South Carolina.......... Joint Base Charleston.. COST TO COMPLETE: 0 4,373 4,373
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ South Carolina.......... McCrady Training Center AUTOMATED MULTIPURPOSE 7,900 0 7,900
MACHINE GUN RANGE.
Army National Guard................ South Dakota............ Sioux Falls............ COST TO COMPLETE: 0 5,250 5,250
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Tennessee............... Campbell Army Air Field ARMY AIR TRAFFIC 0 2,500 2,500
CONTROL TOWERS (P&D).
Army National Guard................ Tennessee............... McMinnville............ COST TO COMPLETE: 0 500 500
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Texas................... Fort Cavazos........... GENERAL INSTRUCTION 0 2,685 2,685
BUILDING (P&D).
Army National Guard................ Texas................... Fort Worth............. COST TO COMPLETE: 0 6,489 6,489
AIRCRAFT MAINTENANCE
HANGAR ADD/ALT.
Army National Guard................ Texas................... Fort Worth............. COST TO COMPLETE: 0 381 381
NATIONAL GUARD VEHICLE
MAINTENANCE SHOP.
Army National Guard................ Utah.................... Camp Williams.......... COLLECTIVE TRAINING 0 2,875 2,875
UNACCOMPANIED HOUSING,
SENIOR NCO AND OFFICER
(P&D).
Army National Guard................ Vermont................. Bennington............. COST TO COMPLETE: 0 3,415 3,415
NATIONAL GUARD
READINESS CENTER.
Army National Guard................ Virgin Islands.......... St. Croix.............. COST TO COMPLETE: ARMY 0 4,200 4,200
AVIATION SUPPORT
FACILITY.
Army National Guard................ Virgin Islands.......... St. Croix.............. COST TO COMPLETE: READY 0 1,710 1,710
BUILDING.
Army National Guard................ Virginia................ Sandston RC & FMS 1.... AIRCRAFT MAINTENANCE 20,000 0 20,000
HANGAR.
Army National Guard................ Virginia................ Troutville............. COST TO COMPLETE: 0 2,415 2,415
COMBINED SUPPORT
MAINTENANCE SHOP
ADDITION.
Army National Guard................ Virginia................ Troutville............. COST TO COMPLETE: 0 2,135 2,135
NATIONAL GUARD
READINESS CENTER
ADDITION.
Army National Guard................ West Virginia........... Parkersburg............ NATIONAL GUARD 0 3,300 3,300
READINESS CENTER (P&D).
Army National Guard................ Wisconsin............... Viroqua................ NATIONAL GUARD 18,200 0 18,200
READINESS CENTER.
Army National Guard................ Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN...... 34,286 0 34,286
Locations.
Army National Guard................ Worldwide Unspecified... Unspecified Worldwide UNSPECIFIED MINOR 63,000 0 63,000
Locations. CONSTRUCTION.
........................ ....................... Subtotal Military 340,186 310,382 650,568
Construction, Army
National Guard.
ARMY RESERVE ........................ ....................... ....................... ........... ........... ...........
Army Reserve....................... Alabama................. Birmingham............. ARMY RESERVE CENTER/ 57,000 0 57,000
AMSA/LAND.
Army Reserve....................... Arizona................. San Tan Valley......... AREA MAINTENANCE 12,000 0 12,000
SUPPORT ACTIVITY.
Army Reserve....................... California.............. Camp Pendleton......... COST TO COMPLETE: AREA 0 3,000 3,000
MAINTENANCE SUPPORT
ACTIVITY.
Army Reserve....................... California.............. Fort Hunter Liggett.... NETWORK ENTERPRISE 0 40,000 40,000
CENTER.
Army Reserve....................... California.............. Parks Reserve Forces ADVANCED SKILLS 0 35,000 35,000
Training Area. TRAINING BARRACKS.
Army Reserve....................... Georgia................. Marine Corps Logistics ARMY RESERVE CENTER.... 0 40,000 40,000
Base Albany.
Army Reserve....................... Florida................. Perrine................ COST TO COMPLETE: ARMY 0 3,000 3,000
RESERVE CENTER.
Army Reserve....................... Massachusetts........... Devens Reserve Forces COLLECTIVE TRAINING 0 39,000 39,000
Training Area. ENLISTED BARRACKS.
Army Reserve....................... North Carolina.......... Asheville.............. COST TO COMPLETE: ARMY 0 12,000 12,000
RESERVE CENTER.
Army Reserve....................... Ohio.................... Wright-Patterson Air COST TO COMPLETE: ARMY 0 5,000 5,000
Force Base. RESERVE CENTER.
Army Reserve....................... Puerto Rico............. Fort Buchanan.......... ADVANCED SKILLS 0 39,000 39,000
TRAINING BARRACKS.
Army Reserve....................... Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN...... 23,389 0 23,389
Locations.
Army Reserve....................... Worldwide Unspecified... Unspecified Worldwide UNSPECIFIED MINOR 14,687 0 14,687
Locations. CONSTRUCTION.
--------------------------
........................ ....................... Subtotal Military 107,076 216,000 323,076
Construction, Army
Reserve.
NAVY RESERVE & MARINE CORPS RESERVE ........................ ....................... ....................... ........... ........... ...........
Navy Reserve & Marine Corps Reserve Michigan................ Battle Creek........... ORGANIC SUPPLY 24,549 0 24,549
FACILITIES.
Navy Reserve & Marine Corps Reserve Virginia................ Marine Forces Reserve G/ATOR SUPPORT 12,400 0 12,400
Dam Neck Virginia FACILITIES.
Beach.
Navy Reserve & Marine Corps Reserve Worldwide Unspecified... Unspecified Worldwide MCNR PLANNING & DESIGN. 6,495 0 6,495
Locations.
Navy Reserve & Marine Corps Reserve Worldwide Unspecified... Unspecified Worldwide MCNR UNSPECIFIED MINOR 7,847 0 7,847
Locations. CONSTRUCTION.
--------------------------
........................ ....................... Subtotal Military 51,291 0 51,291
Construction, Navy
Reserve & Marine Corps
Reserve.
AIR NATIONAL GUARD ........................ ....................... ....................... ........... ........... ...........
Air National Guard................. Alabama................. Montgomery Regional F-35 ADAL SQ OPS BLDG 7,000 0 7,000
Airport. 1303.
Air National Guard................. Alaska.................. Eielson Air Force Base. AMC STANDARD DUAL BAY 0 3,700 3,700
HANGAR (P&D).
Air National Guard................. Alaska.................. Joint Base Elmendorf- ADAL ALERT CREW 0 7,000 7,000
Richardson. FACILITY HGR 18.
Air National Guard................. Arizona................. Tucson International MCCA: AIRCRAFT 11,600 0 11,600
Airport. ARRESTING SYSTEM (NEW
RWY).
Air National Guard................. Arkansas................ Ebbing Air National 3-BAY HANGAR........... 0 54,000 54,000
Guard Base.
Air National Guard................. Arkansas................ Ebbing Air National AIRCREW FLIGHT 0 9,300 9,300
Guard Base. EQUIPMENT/STEP.
Air National Guard................. Arkansas................ Ebbing Air National SPECIAL ACCESS PROGRAM 0 12,700 12,700
Guard Base. FACILITY.
Air National Guard................. Colorado................ Buckley Space Force AIRCRAFT CORROSION 12,000 0 12,000
Base. CONTROL.
Air National Guard................. Georgia................. Savannah/Hilton Head DINING HALL AND 0 27,000 27,000
International Airport. SERVICES TRAINING
FACILITY.
Air National Guard................. Indiana................. Fort Wayne FIRE STATION........... 8,900 0 8,900
International Airport.
Air National Guard................. Mississippi............. Field Air National COST TO COMPLETE: 172ND 0 8,000 8,000
Guard Base. AIRLIFT WING FIRE/
CRASH RESCUE STATION.
Air National Guard................. Missouri................ Rosecrans Air National 139TH AIRLIFT WING 0 2,000 2,000
Guard Base. ENTRY CONTROL POINT
(P&D).
Air National Guard................. Missouri................ Rosecrans Air National ENTRY CONTROL POINT 0 2,000 2,000
Guard Base. (P&D).
Air National Guard................. Oregon.................. Portland International SPECIAL TACTICS 22,000 0 22,000
Airport. COMPLEX, PHASE 1.
Air National Guard................. Oregon.................. Portland International SPECIAL TACTICS 18,500 0 18,500
Airport. COMPLEX, PHASE 2.
Air National Guard................. Oregon.................. Portland International SPECIAL TACTICS 0 20,000 20,000
Airport. COMPLEX, PHASE 3.
Air National Guard................. Oregon.................. Portland International SPECIAL TACTICS 0 11,000 11,000
Airport. COMPLEX, PHASE 4.
Air National Guard................. Pennsylvania............ Harrisburg ENTRY CONTROL FACILITY. 0 8,000 8,000
International Airport.
Air National Guard................. Wisconsin............... Truax Field............ F-35: MM&I FAC, B701... 0 5,200 5,200
Air National Guard................. Wisconsin............... Volk Air National Guard FIRE/CRASH RESCUE 0 670 670
Base. STATION (P&D).
Air National Guard................. Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN...... 35,600 0 35,600
Locations.
Air National Guard................. Worldwide Unspecified... Unspecified Worldwide UNSPECIFIED MINOR 63,122 0 63,122
Locations. CONSTRUCTION.
--------------------------
........................ ....................... Subtotal Military 178,722 170,570 349,292
Construction, Air
National Guard.
AIR FORCE RESERVE ........................ ....................... ....................... ........... ........... ...........
Air Force Reserve.................. Arizona................. Davis-Monthan Air Force GUARDIAN ANGEL POTFF 0 8,500 8,500
Base. FACILITY.
Air Force Reserve.................. California.............. March Air Reserve Base. KC-46 ADD/ALTER B1244 17,000 0 17,000
FUT/CARGO PALLET
STORAGE.
Air Force Reserve.................. California.............. March Air Reserve Base. KC-46 ADD/ALTER B6000 8,500 0 8,500
SIMULATOR FACILITY.
Air Force Reserve.................. California.............. March Air Reserve Base. KC-46 TWO BAY 201,000 0 201,000
MAINTENANCE/FUEL
HANGAR.
Air Force Reserve.................. Guam.................... Joint Region Marianas.. AERIAL PORT FACILITY... 27,000 0 27,000
Air Force Reserve.................. Louisiana............... Barksdale Air Force 307 BW MEDICAL FACILITY 0 7,000 7,000
Base. ADDITION.
Air Force Reserve.................. Ohio.................... Youngstown Air Reserve BASE FIRE STATION (P&D) 0 2,500 2,500
Station.
Air Force Reserve.................. Texas................... Naval Air Station Joint LRS WAREHOUSE.......... 16,000 0 16,000
Reserve Base Fort
Worth.
Air Force Reserve.................. Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN...... 12,146 0 12,146
Locations.
Air Force Reserve.................. Worldwide Unspecified... Unspecified Worldwide UNSPECIFIED MINOR 9,926 0 9,926
Locations. MILITARY CONSTRUCTION.
--------------------------
........................ ....................... Subtotal Military 291,572 18,000 309,572
Construction, Air
Force Reserve.
NATO SECURITY INVESTMENT PROGRAM ........................ ....................... ....................... ........... ........... ...........
NATO............................... Worldwide Unspecified... NATO Security NATO SECURITY 293,434 0 293,434
Investment Program. INVESTMENT PROGRAM.
........................ ....................... Subtotal NATO Security 293,434 0 293,434
Investment Program.
INDOPACIFIC COMBATANT COMMAND ........................ ....................... ....................... ........... ........... ...........
MILCON, INDOPACOM.................. Worldwide Unspecified... Unspecified Worldwide INDOPACOM MILITARY 0 150,000 150,000
Locations. CONSTRUCTION PILOT
PROGRAM.
Subtotal Base 0 150,000 150,000
Realignment and
Closure--Defense-Wide.
TOTAL INDOPACIFIC 0 150,000 150,000
COMBATANT COMMAND.
TOTAL MILITARY 14,345,019 2,359,215 16,704,234
CONSTRUCTION.
FAMILY HOUSING
FAMILY HOUSING CONSTRUCTION, ARMY
Fam Hsg Con, Army.................. Georgia................. Fort Eisenhower........ FORT EISENHOWER MHPI 50,000 0 50,000
EQUITY INVESTMENT.
Fam Hsg Con, Army.................. Germany................. Baumholder............. FAMILY HOUSING NEW 78,746 0 78,746
CONSTRUCTION.
Fam Hsg Con, Army.................. Kwajalein............... Kwajalein Atoll........ FAMILY HOUSING 98,600 0 98,600
REPLACEMENT
CONSTRUCTION.
Fam Hsg Con, Army.................. Missouri................ Fort Leonard Wood...... FORT LEONARD WOOD MHPI 50,000 0 50,000
EQUITY INVESTMENT.
Fam Hsg Con, Army.................. Worldwide Unspecified... Unspecified Worldwide FAMILY HOUSING P&D..... 27,549 0 27,549
Locations.
--------------------------
Subtotal Family Housing 304,895 0 304,895
Construction, Army.
FAMILY HOUSING O&M, ARMY
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide FURNISHINGS............ 12,121 0 12,121
Locations.
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide HOUSING PRIVATIZATION 86,019 0 86,019
Locations. SUPPORT.
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide LEASING................ 112,976 0 112,976
Locations.
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide MAINTENANCE............ 86,706 0 86,706
Locations.
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide MANAGEMENT............. 41,121 0 41,121
Locations.
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide MISCELLANEOUS.......... 554 0 554
Locations.
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide SERVICES............... 7,037 0 7,037
Locations.
Fam Hsg O&M, Army.................. Worldwide Unspecified... Unspecified Worldwide UTILITIES.............. 38,951 0 38,951
Locations.
--------------------------
Subtotal Family Housing 385,485 0 385,485
Operation And
Maintenance, Army.
FAMILY HOUSING CONSTRUCTION, NAVY &
MARINE CORPS
Fam Hsg Con, Navy & Marine Corps... Guam.................... Joint Region Marianas.. REPLACE ANDERSEN 121,906 0 121,906
HOUSING, PHASE 8.
Fam Hsg Con, Navy & Marine Corps... Guam.................... Naval Support Activity REPLACE ANDERSEN 83,126 0 83,126
Andersen. HOUSING (AF), PHASE 7.
Fam Hsg Con, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide DESIGN, WASHINGTON DC.. 4,782 0 4,782
Locations.
Fam Hsg Con, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide IMPROVEMENTS, 57,740 0 57,740
Locations. WASHINGTON DC.
Fam Hsg Con, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide USMC DPRI/GUAM PLANNING 9,588 0 9,588
Locations. & DESIGN.
--------------------------
Subtotal Family Housing 277,142 0 277,142
Construction, Navy &
Marine Corps.
FAMILY HOUSING O&M, NAVY & MARINE
CORPS
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide FURNISHINGS............ 17,744 0 17,744
Locations.
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide HOUSING PRIVATIZATION 65,655 0 65,655
Locations. SUPPORT.
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide LEASING................ 60,214 0 60,214
Locations.
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide MAINTENANCE............ 101,356 0 101,356
Locations.
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide MANAGEMENT............. 61,896 0 61,896
Locations.
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide MISCELLANEOUS.......... 419 0 419
Locations.
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide SERVICES............... 13,250 0 13,250
Locations.
Fam Hsg O&M, Navy & Marine Corps... Worldwide Unspecified... Unspecified Worldwide UTILITIES.............. 43,320 0 43,320
Locations.
--------------------------
Subtotal Family Housing 363,854 0 363,854
Operation &
Maintenance, Navy &
Marine Corps.
FAMILY HOUSING CONSTRUCTION, AIR
FORCE
Fam Hsg Con, Air Force............. Alabama................. Maxwell Air Force Base. MHPI RESTRUCTURE-AETC 65,000 0 65,000
GROUP II.
Fam Hsg Con, Air Force............. Colorado................ U.S. Air Force Academy. CONSTRUCTION 9,282 0 9,282
IMPROVEMENT--CARLTON
HOUSE.
Fam Hsg Con, Air Force............. Hawaii.................. Joint Base Pearl Harbor- MHPI RESTRUCTURE-JOINT 75,000 0 75,000
Hickam. BASE PEARL HARBOR-
HICKAM.
Fam Hsg Con, Air Force............. Mississippi............. Keesler Air Force Base. MHPI RESTRUCTURE- 80,000 0 80,000
SOUTHERN GROUP.
Fam Hsg Con, Air Force............. Japan................... Yokota Air Base........ IMPROVE FAMILY HOUSING 0 27,000 27,000
PAIP 9, PHASE 1 (24
UNITS).
Fam Hsg Con, Air Force............. Worldwide Unspecified... Unspecified Worldwide PLANNING & DESIGN...... 7,815 0 7,815
Locations.
--------------------------
Subtotal Family Housing 237,097 27,000 264,097
Construction, Air
Force.
FAMILY HOUSING O&M, AIR FORCE
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide FURNISHINGS............ 12,884 11,000 23,884
Locations.
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide HOUSING PRIVATIZATION 31,803 0 31,803
Locations. SUPPORT.
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide LEASING................ 5,143 0 5,143
Locations.
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide MAINTENANCE............ 135,410 -11,000 124,410
Locations.
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide MANAGEMENT............. 68,023 0 68,023
Locations.
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide MISCELLANEOUS.......... 2,377 0 2,377
Locations.
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide SERVICES............... 10,692 0 10,692
Locations.
Fam Hsg O&M, Air Force............. Worldwide Unspecified... Unspecified Worldwide UTILITIES.............. 48,054 0 48,054
Locations.
--------------------------
Subtotal Family Housing 314,386 0 314,386
Operation And
Maintenance, Air Force.
FAMILY HOUSING O&M, DEFENSE-WIDE
Fam Hsg O&M, Defense-Wide.......... Worldwide Unspecified... Unspecified Worldwide FURNISHINGS (DIA)...... 673 0 673
Locations.
Fam Hsg O&M, Defense-Wide.......... Worldwide Unspecified... Unspecified Worldwide FURNISHINGS (NSA)...... 89 0 89
Locations.
Fam Hsg O&M, Defense-Wide.......... Worldwide Unspecified... Unspecified Worldwide LEASING (DIA).......... 32,042 0 32,042
Locations.
Fam Hsg O&M, Defense-Wide.......... Worldwide Unspecified... Unspecified Worldwide LEASING (NSA).......... 13,658 0 13,658
Locations.
Fam Hsg O&M, Defense-Wide.......... Worldwide Unspecified... Unspecified Worldwide MAINTENANCE............ 35 0 35
Locations.
Fam Hsg O&M, Defense-Wide.......... Worldwide Unspecified... Unspecified Worldwide UTILITIES (DIA)........ 4,273 0 4,273
Locations.
Fam Hsg O&M, Defense-Wide.......... Worldwide Unspecified... Unspecified Worldwide UTILITIES (NSA)........ 15 0 15
Locations.
--------------------------
Subtotal Family Housing 50,785 0 50,785
Operation And
Maintenance, Defense-
Wide.
FAMILY HOUSING IMPROVEMENT FUND
Family Housing Improvement Fund.... Worldwide Unspecified... Unspecified Worldwide ADMINISTRATIVE 6,611 0 6,611
Locations. EXPENSES--FHIF.
--------------------------
Subtotal Family Housing 6,611 0 6,611
Improvement Fund.
UNACCOMPANIED HOUSING IMPROVEMENT
FUND
Unaccompanied Housing Improvement Worldwide Unspecified ADMINISTRATIVE 496.................... 0 496
Fund. Unspecified Worldwide EXPENSES--UHIF.
Locations.
--------------------------
Subtotal Unaccompanied 496 0 496
Housing Improvement
Fund.
TOTAL FAMILY HOUSING... 1,940,751 27,000 1,967,751
DEFENSE BASE REALIGNMENT AND CLOSURE
BASE REALIGNMENT AND CLOSURE, ARMY
BRAC, Army......................... Worldwide Unspecified BASE REALIGNMENT AND 150,640................ 0 150,640
Unspecified Worldwide CLOSURE.
Locations.
--------------------------
Subtotal Base 150,640 0 150,640
Realignment and
Closure--Army.
BASE REALIGNMENT AND CLOSURE, NAVY
BRAC, Navy......................... Worldwide Unspecified... Unspecified Worldwide BASE REALIGNMENT AND 108,818 0 108,818
Locations. CLOSURE.
--------------------------
Subtotal Base 108,818 0 108,818
Realignment and
Closure--Navy.
BASE REALIGNMENT AND CLOSURE, AIR
FORCE
BRAC, Air Force.................... Worldwide Unspecified... Unspecified Worldwide BASE REALIGNMENT AND 123,990 0
Locations. CLOSURE.
--------------------------
Subtotal Base 123,990 0 123,990
Realignment and
Closure--Air Force.
BASE REALIGNMENT AND CLOSURE, DEFENSE-
WIDE
BRAC, Defense-Wide................. Worldwide Unspecified... Unspecified Worldwide INT-4: DLA ACTIVITIES.. 5,726 0 5,726
Locations.
--------------------------
Subtotal Base 5,726 0 5,726
Realignment and
Closure--Defense-Wide.
TOTAL DEFENSE BASE 389,174 0 389,174
REALIGNMENT AND
CLOSURE.
TOTAL MILITARY 16,674,944 2,386,215 19,061,159
CONSTRUCTION, FAMILY
HOUSING, AND BRAC.
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama........................................ Redstone Arsenal.............................. $50,000,000
Florida........................................ Eglin Air Force Base.......................... $75,000,000
Georgia........................................ Fort Eisenhower............................... $163,000,000
Hawaii......................................... Aliamanu Military Reservation................. $20,000,000
Fort Shafter.................................. $23,000,000
Helemano Military Reservation................. $33,000,000
Schofield Barracks............................ $37,000,000
Illinois....................................... Rock Island Arsenal........................... $44,000,000
Kansas......................................... Fort Riley.................................... $105,000,000
Kentucky....................................... Fort Campbell................................. $38,000,000
Louisiana...................................... Fort Johnson.................................. $119,400,000
Maryland....................................... Fort Meade.................................... $50,000,000
Massachusetts.................................. Soldier Systems Center Natick................. $18,500,000
Michigan....................................... Detroit Arsenal............................... $72,000,000
New York....................................... Fort Hamilton................................. $25,000,000
North Carolina................................. Fort Liberty.................................. $193,500,000
Pennsylvania................................... Letterkenny Army Depot........................ $89,000,000
South Carolina................................. Fort Jackson.................................. $41,000,000
Texas.......................................... Fort Bliss.................................... $74,000,000
Red River Army Depot.......................... $113,000,000
Virginia....................................... Fort Belvoir.................................. $40,000,000
Joint Base Myer - Henderson Hall.............. $177,000,000
Washington..................................... Joint Base Lewis - McChord.................... $100,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany........................................ Grafenwoehr................................... $10,400,000
Hohenfels..................................... $56,000,000
Pulaski Barracks.............................. $25,000,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Army may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code:
Army Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
North Carolina................................. Fort Liberty.................................. $85,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................ Baumholder................. Family Housing New $78,746,000
Construction............
Kwajalein.............................. Kwajalein Atoll............ Family Housing $98,600,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may improve existing military family housing units in an amount not to exceed
$100,000,000.
(c) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $27,549,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. EXTENSION OF AUTHORITY TO USE CASH PAYMENTS IN
SPECIAL ACCOUNT FROM LAND CONVEYANCE, NATICK
SOLDIER SYSTEMS CENTER, MASSACHUSETTS.
Section 2844(c)(2)(C) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat. 1865) is amended by striking ``October 1, 2025'' and inserting ``October 1, 2027''.
SEC. 2105. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT KUNSAN AIR BASE, KOREA.
(a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2101(b) of that Act (131 Stat. 1819) and extended and modified by subsections (a) and (b) of section 2106 of the Military Construction Act for Fiscal Year 2023
(division B of Public Law 117-263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Army: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Kunsan Air Base........... Unmanned Aerial Vehicle $53,000,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
SEC. 2106. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) Army Construction and Land Acquisition.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2101 of that Act (132 Stat. 2241), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Korea................................. Camp Tango................ Command and Control $17,500,000
Facility................
Maryland.............................. Fort Meade................ Cantonment Area Roads.... $16,500,000
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2901 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Army: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Bulgaria.............................. Nevo Selo FOS............. EDI: Ammunition Holding $5,200,000
Area....................
Romania............................... Mihail Kogalniceanu FOS... EDI: Explosives & Ammo $21,651,000
Load/Unload Apron.......
----------------------------------------------------------------------------------------------------------------
SEC. 2107. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Army Construction and Land Acquisition.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2101(a) of that Act (134 Stat. 4295), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Army: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Arizona............................... Yuma Proving Ground....... Ready Building........... $14,000,000
Georgia............................... Fort Gillem............... Forensic Lab............. $71,000,000
Louisiana............................. Fort Johnson.............. Information Systems $25,000,000
Facility................
----------------------------------------------------------------------------------------------------------------
(b) Child Development Center, Georgia.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorization under section 2865 of that Act (10 U.S.C. 2802 note) for the project described in paragraph (2) in Fort Eisenhower, Georgia, shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Project described.--The project described in this paragraph is the following:
Army: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized Amount
----------------------------------------------------------------------------------------------------------------
Georgia............................... Fort Eisenhower........... Child Development Center. $21,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Ground Combat Center Twentynine $42,100,000
Palms...........................................
Marine Corps Base Camp Pendleton................. $26,825,000
Port Hueneme..................................... $110,000,000
Connecticut................................. Naval Submarine Base New London.................. $331,718,000
District of Columbia........................ Marine Barracks Washington....................... $131,800,000
Florida..................................... Naval Air Station Whiting Field.................. $141,500,000
Georgia..................................... Marine Corps Logistics Base Albany............... $63,970,000
Guam........................................ Andersen Air Force Base.......................... $497,620,000
Joint Region Marianas............................ $174,540,000
Naval Base Guam.................................. $946,500,000
Hawaii...................................... Marine Corps Base Kaneohe Bay.................... $227,350,000
Maryland.................................... Fort Meade....................................... $186,480,000
Naval Air Station Patuxent River................. $141,700,000
North Carolina.............................. Marine Corps Air Station Cherry Point............ $270,150,000
Marine Corps Base Camp Lejeune................... $215,670,000
Pennsylvania................................ Naval Surface Warfare Center Philadelphia........ $88,200,000
Virginia.................................... Dam Neck Annex................................... $109,680,000
Joint Expeditionary Base Little Creek - Fort $35,000,000
Story.
Marine Corps Base Quantico....................... $127,120,000
Naval Station Norfolk............................ $158,095,000
Naval Weapons Station Yorktown................... $221,920,000
Washington.................................. Naval Base Kitsap................................ $245,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Djibouti.................................... Camp Lemonnier................................... $106,600,000
Italy....................................... Naval Air Station Sigonella...................... $77,072,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Navy may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code:
Navy Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Virginia.................................... Joint Expeditionary Base Little Creek - Fort $35,000,000
Story...........................................
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
Installation or
Country Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guam................................. Joint Region Marianas.. Replace Andersen $121,906,000
Housing Ph 8..........
Mariana Islands........ Replace Andersen $83,126,000
Housing (AF) PH7.
----------------------------------------------------------------------------------------------------------------
(b) Improvements to Military Family Housing Units.--Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed
$57,740,000.
(c) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $14,370,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) Navy Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2201 of that Act (132 Stat. 2243), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Navy: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Bahrain.............................. SW Asia................ Fleet Maintenance $26,340,000
Facility & TOC.
North Carolina....................... Marine Corps Base Camp 2nd Radio BN Complex, $51,300,000
Lejeune. Phase 2.
South Carolina....................... Marine Corps Air Recycling/Hazardous $9,517,000
Station Beaufort. Waste Facility.
Washington........................... Bangor................. Pier and Maintenance $88,960,000
Facility.
----------------------------------------------------------------------------------------------------------------
(b) Laurel Bay Fire Station, South Carolina.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorization under section 2810 of that Act (132 Stat. 2266) for the project described in paragraph (2) shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Project described.--The project described in this paragraph is the following::
Navy: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
South Carolina....................... Marine Corps Air Laurel Bay Fire Station $10,750,000
Station Beaufort.
----------------------------------------------------------------------------------------------------------------
(c) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (132 Stat. 2286), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Navy: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Greece............................... Naval Support Activity EDI: Joint Mobility $41,650,000
Souda Bay. Processing Center.
----------------------------------------------------------------------------------------------------------------
SEC. 2205. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in section 2201 of that Act (134 Stat. 4297), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Navy: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
California........................... Twentynine Palms....... Wastewater Treatment $76,500,000
Plant.
Guam................................. Joint Region Marianas.. Joint Communication $166,000,000
Upgrade.
Maine................................ NCTAMS LANT Detachment Perimeter Security..... $26,100,000
Cutler.
Nevada............................... Fallon................. Range Training Complex, $29,040,000
Phase I.
----------------------------------------------------------------------------------------------------------------
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
District of Columbia.......................... Joint Base Anacostia - Bolling.................. $50,000,000
Florida....................................... MacDill Air Force Base.......................... $131,000,000
Patrick Space Force Base........................ $27,000,000
Tyndall Air Force Base.......................... $252,000,000
Georgia....................................... Robins Air Force Base........................... $115,000,000
Guam.......................................... Joint Region Marianas........................... $411,000,000
Massachusetts................................. Hanscom Air Force Base.......................... $37,000,000
Mississippi................................... Columbus Air Force Base......................... $39,500,000
Montana....................................... Malmstrom Air Force Base........................ $10,300,000
South Dakota.................................. Ellsworth Air Force Base........................ $235,000,000
Texas......................................... Joint Base San Antonio - Lackland............... $314,000,000
Utah.......................................... Hill Air Force Base............................. $488,000,000
Wyoming....................................... F.E. Warren Air Force Base...................... $85,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Royal Australian Air Force Base Darwin.......... $26,000,000
Royal Australian Air Force Base Tindal.......... $130,500,000
Norway........................................ Rygge Air Station............................... $119,000,000
Philippines................................... Cesar Basa Air Base............................. $35,000,000
Spain......................................... Moron Air Base.................................. $26,000,000
United Kingdom................................ Royal Air Force Fairford........................ $47,000,000
Royal Air Force Lakenheath...................... $78,000,000
----------------------------------------------------------------------------------------------------------------
(c) Prototype Project.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Air Force may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code:
Air Force Prototype Project
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Massachusetts................................. Hanscom Air Force Base.......................... $37,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Improvements to Military Family Housing Units.--Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $249,928,200.
(b) Planning and Design.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $7,815,000.
(c) Construction and Acquisition.--Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation and in the amount set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Yokota Air Base................................. $27,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2017 PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the authorizations set forth in the table in paragraph (2), as provided in section 2301(b) of that Act (130 Stat. 2697) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117-181; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein Air Base......... 37 AS Squadron Operations/ $13,437,000
Aircraft Maintenance
Unit....................
Spangdahlem Air Base...... Upgrade Hardened Aircraft $2,700,000
Shelters for F/A-22.....
Japan................................. Yokota Air Force Base..... C-130J Corrosion Control $23,777,000
Hangar..................
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328; 130 Stat. 2688), the authorization set forth in the table in paragraph (2), as provided in section 2902 of that Act (130 Stat. 2743) and extended by section 2304 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117-181; 135 Stat. 2169), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2017 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Spangdahlem Air Base...... F/A-22 Low Observable/ $12,000,000
Composite Repair
Facility................
----------------------------------------------------------------------------------------------------------------
SEC. 2305. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the authorization set forth in the table in paragraph (2), as provided in section 2301(a) of that Act (131 Stat. 1825) and extended by section 2304(a) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.... Fire Station............. $17,000,000
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (131 Stat. 1876) and extended by section 2304(b) of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Hungary............................... Kecskemet Air Base........ ERI: Airfield Upgrades... $12,900,000
Kecskemet Air Base........ ERI: Construct Parallel $30,000,000
Taxiway.................
Kecskemet Air Base........ ERI: Increase POL Storage $12,500,000
Capacity................
Luxembourg............................ Sanem..................... ERI: ECAOS Deployable $67,400,000
Airbase System Storage..
Slovakia.............................. Malacky................... ERI: Airfield Upgrades... $4,000,000
Malacky................... ERI: Increase POL Storage $20,000,000
Capacity................
----------------------------------------------------------------------------------------------------------------
SEC. 2306. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2019 PROJECTS.
(a) Air Force Construction and Land Acquisition Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2301 of that Act (132 Stat. 2246), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Mariana Islands....................... Tinian.................... APR-Cargo Pad with $46,000,000
Taxiway Extension.......
Tinian.................... APR-Maintenance Support $4,700,000
Facility................
Maryland.............................. Joint Base Andrews........ Child Development Center. $13,000,000
Joint Base Andrews........ PAR Relocate Haz Cargo $37,000,000
Pad and EOD Range.......
New Mexico............................ Holloman Air Force Base... MQ-9 FTU Ops Facility.... $85,000,000
Kirtland Air Force Base... Wyoming Gate Upgrade for $7,000,000
Anti-Terrorism
Compliance..............
United Kingdom........................ Royal Air Force Lakenheath F-35 ADAL Conventional $9,204,000
Munitions MX............
Utah.................................. Hill Air Force Base....... Composite Aircraft $26,000,000
Antenna Calibration Fac.
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2903 of that Act (132 Stat. 2287), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Slovakia.............................. Malacky................... EDI: Regional Munitions $59,000,000
Storage Area............
United Kingdom........................ RAF Fairford.............. EDI: Construct DABS-FEV $87,000,000
Storage.................
RAF Fairford.............. EDI: Munitions Holding $19,000,000
Area....................
----------------------------------------------------------------------------------------------------------------
SEC. 2307. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Air Force Construction and Land Acquisition Project.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2301 of that Act (134 Stat. 4299), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Original
State Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Virginia.............................. Joint Base Langley - Access Control Point Main $19,500,00
Eustis................... Gate with Lang Acq......
----------------------------------------------------------------------------------------------------------------
(b) Overseas Contingency Operations.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2902 of that Act (134 Stat. 4373), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Air Force: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Original
Country Installation or Location Project Authorized
Amount
----------------------------------------------------------------------------------------------------------------
Germany............................... Ramstein.................. EDI: Rapid Airfield $36,345,000
Damage Repair Storage...
Spangdahlem Air Base...... EDI: Rapid Airfield $25,824,000
Damage Repair Storage...
----------------------------------------------------------------------------------------------------------------
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal.............................. $147,975,000
California.................................. Marine Corps Air Station Miramar.............. $103,000,000
Naval Base Coronado........................... $51,000,000
Naval Base San Diego.......................... $101,644,000
Delaware.................................... Dover Air Force Base.......................... $30,500,000
Maryland.................................... Fort Meade.................................... $885,000,000
Joint Base Andrews............................ $38,300,000
Montana..................................... Great Falls International Airport............. $30,000,000
North Carolina.............................. Marine Corps Base Camp Lejeune................ $70,000,000
Utah........................................ Hill Air Force Base........................... $14,200,000
Virginia.................................... Fort Belvoir.................................. $185,000,000
Joint Expeditionary Base Little Creek - Fort $61,000,000
Story.
Pentagon...................................... $30,600,000
Washington.................................. Joint Base Lewis - McChord.................... $62,000,000
Manchester.................................... $71,000,000
Naval Undersea Warfare Center Keyport......... $37,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba......................................... Guantanamo Bay Naval Station.................. $257,000,000
Germany...................................... Baumholder.................................... $57,700,000
Ramstein Air Base............................. $181,764,000
Honduras..................................... Soto Cano Air Base............................ $41,300,000
Japan........................................ Kadena Air Base............................... $100,300,000
Spain........................................ Naval Station Rota............................ $80,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................. Marine Corps Air Station Miramar.............. $30,550,000
Mountain View................................. $15,500,000
Naval Base San Diego.......................... $6,300,000
Vandenberg Space Force Base................... $57,000,000
Colorado.................................... Buckley Space Force Base...................... $14,700,000
Florida..................................... Naval Air Station Whiting Field............... $31,220,000
Georgia..................................... Naval Submarine Base Kings Bay................ $49,500,000
Kansas...................................... Forbes Field.................................. $5,850,000
Missouri.................................... Lake City Army Ammunition Plant............... $80,100,000
Nebraska.................................... Offutt Air Force Base......................... $41,000,000
New Jersey.................................. Sea Girt...................................... $44,000,000
North Carolina.............................. Fort Liberty (Camp Mackall)................... $10,500,000
Oklahoma.................................... Fort Sill..................................... $76,650,000
Puerto Rico................................. Fort Buchanan................................. $56,000,000
Texas....................................... Fort Cavazos.................................. $50,250,000
Utah........................................ Camp Williams................................. $20,100,000
Virginia.................................... Pentagon...................................... $2,250,000
Washington.................................. Joint Base Lewis - McChord.................... $49,850,000
Naval Base Kitsap............................. $31,520,000
Naval Magazine Indian Island.................. $37,770,000
Wyoming..................................... F.E. Warren Air Force Base.................... $25,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 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
----------------------------------------------------------------------------------------------------------------
Diego Garcia................................. Naval Support Facility Diego Garcia........... $16,820,000
Korea........................................ K-16 Air Base................................. $5,650,000
Kuwait....................................... Camp Buehring................................. $18,850,000
----------------------------------------------------------------------------------------------------------------
(c) Improvement of Conveyed Utility Systems.--In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Nebraska..................................... Offutt Air Force Base......................... Microgrid and
Backup Power
North Carolina............................... Fort Liberty (Camp Mackall)................... Microgrid and
Backup Power
Texas........................................ Fort Cavazos.................................. Microgrid and
Backup Power
Washington................................... Joint Base Lewis - McChord.................... Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.-- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the authorizations set forth in the table in subsection (b), as provided in section 2401(b) of that Act (131 Stat. 1829) and extended by section 2404 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Iwakuni................ Construct Bulk Storage $30,800,000
Tanks PH 1............
Puerto Rico.......................... Punta Borinquen........ Ramey Unit School $61,071,000
Replacement...........
----------------------------------------------------------------------------------------------------------------
SEC. 2405. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2019 PROJECTS.
(a) Extension.--
(1) In general.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorizations set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (132 Stat. 2249), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Defense Agencies: Extension of 2019 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Germany.............................. Baumholder............. SOF Joint Parachute $11,504,000
Rigging Facility......
Japan................................ Camp McTureous......... Betchel Elementary $94,851,000
School................
Iwakuni................ Fuel Pier............. $33,200,000
----------------------------------------------------------------------------------------------------------------
(b) Modification of Authority to Carry Out Fiscal Year 2019 Project in Baumholder, Germany.--
(1) Modification of project authority.--In the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2249) for Baumholder, Germany, for construction of a SOF Joint Parachute Rigging Facility, the Secretary of Defense may construct a 3,200 square meter facility.
(2) Modification of project amounts.--
(A) Division b table.--The authorization table in section 2401(b) of the Military Construction Defense Authorization Act for Fiscal Year 2019 (division B of Public Law 115-232; 132 Stat. 2249), as extended pursuant to subsection (a), is amended in the item relating to Baumholder, Germany, by striking ``$11,504,000'' and inserting ``$23,000,000'' to reflect the project modification made by paragraph (1).
(B) Division d table.--The funding table in section 4601 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2406) is amended in the item relating to Defense-wide, Baumholder, Germany, SOF Joint Parachute Rigging Facility, by striking
``$11,504'' in the Conference Authorized column and inserting
``$23,000'' to reflect the project modification made by paragraph (1).
SEC. 2406. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Defense Agencies Construction and Land Acquisition Project.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorization set forth in the table in paragraph (2), as provided in section 2401(b) of that Act (134 Stat. 4305), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in paragraph (1) is as follows:
Defense Agencies: Extension of 2021 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Japan................................ Def Fuel Support Point Fuel Wharf............. $49,500,000
Tsurumi...............
----------------------------------------------------------------------------------------------------------------
(b) Energy Resilience and Conservation Investment Program Projects.--
(1) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorizations set forth in the table in paragraph (2), as provided in section 2402 of that Act (134 Stat. 4306), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(2) Table.--The table referred to in subsection (a) is as follows:
ERCIP Projects: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas............................. Ebbing Air National PV Arrays and Battery $2,600,000
Guard Base............ Storage...............
California........................... Marine Corps Air Ground Install 10 Mw Battery $11,646,000
Combat Center Energy Storage for
Twentynine Palms...... Various Buildings.....
Military Ocean Terminal Military Ocean Terminal $29,000,000
Concord............... Concord Microgrid.....
Naval Support Activity Cogeneration Plant at $10,540,000
Monterey.............. B236..................
Italy................................ Naval Support Activity Smart Grid............. $3,490,000
Naples................
Nevada............................... Creech Air Force Base.. Central Standby $32,000,000
Generators............
Virginia............................. Naval Medical Center Retro Air Handling $611,000
Portsmouth............ Units From Constant
Volume; Reheat to
Variable Air Volume...
----------------------------------------------------------------------------------------------------------------
SEC. 2407. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2022 PROJECTS.
In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Novosel.................................. Construct a 10 MW
RICE Generator
Plant and Micro-
Grid Controls
Georgia...................................... Fort Moore.................................... Construct 4.8MW
Generation and
Microgrid
Fort Stewart................................. Construct a 10 MW
Generation Plant,
with Microgrid
Controls
New York..................................... Fort Drum..................................... Well Field
Expansion Project
North Carolina............................... Fort Liberty.................................. Construct 10 MW
Microgrid
Utilizing
Existing and New
Generators
Fort Liberty.................................. Fort Liberty
Emergency Water
System
----------------------------------------------------------------------------------------------------------------
SEC. 2408. ADDITIONAL AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2023 PROJECTS.
In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table:
Improvement of Conveyed Utility Systems
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project
----------------------------------------------------------------------------------------------------------------
Georgia...................................... Fort Stewart - Hunter Army Airfield........... Power Generation
and Microgrid
Kansas....................................... Fort Riley.................................... Power Generation
and Microgrid
Texas........................................ Fort Cavazos.................................. Power Generation
and Microgrid
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard locations inside the United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Surprise Readiness Center........................ $15,000,000
Florida..................................... Camp Blanding.................................... $11,000,000
Idaho....................................... Jerome County Regional Site...................... $17,000,000
Illinois.................................... North Riverside Armory........................... $24,000,000
Kentucky Burlington....................................... $16,400,000
Mississippi Southaven........................................ $22,000,000
Missouri.................................... Belle Fontaine................................... $28,000,000
New Hampshire............................... Littleton........................................ $23,000,000
New Mexico.................................. Rio Rancho Training Site......................... $11,000,000
New York.................................... Lexington Avenue Armory.......................... $90,000,000
Ohio........................................ Camp Perry Joint Training Center................. $19,200,000
Oregon Washington County Readiness Center............... $26,000,000
Pennsylvania................................ Hermitage Readiness Center....................... $13,600,000
Rhode Island................................ North Kingstown.................................. $30,000,000
South Carolina.............................. Aiken County Readiness Center.................... $20,000,000
McCrady Training Center.......................... $7,900,000
Virginia.................................... Sandston RC & FMS 1.............................. $20,000,000
Wisconsin................................... Viroqua.......................................... $18,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve locations inside the United States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Birmingham....................................... $57,000,000
Arizona..................................... San Tan Valley................................... $12,000,000
California.................................. Fort Hunter Liggett.............................. $40,000,000
Parks Reserve Forces Training Area............... $35,000,000
Georgia..................................... Marine Corps Logistics Base Albany.............. $40,000,000
Massachusetts............................... Devens Reserve Forces Training Area............. $39,000,000
Puerto Rico................................. Fort Buchanan.................................... $39,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve locations inside the United States, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Michigan.................................... Battle Creek..................................... $24,549,000
Virginia.................................... Marine Forces Reserve Dam Neck Virginia Beach.... $12,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States, and in the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Montgomery Regional Airport...................... $7,000,000
Alaska...................................... Joint Base Elmendorf - Richardson................ $7,000,000
Arizona..................................... Tucson International Airport..................... $11,600,000
Arkansas.................................... Ebbing Air National Guard Base................... $76,000,000
Colorado.................................... Buckley Space Force Base......................... $12,000,000
Georgia..................................... Savannah/Hilton Head International Airport....... $27,000,000
Indiana..................................... Fort Wayne International Airport................. $8,900,000
Oregon...................................... Portland International Airport................... $71,500,000
Pennsylvania................................ Harrisburg International Airport................. $8,000,000
Wisconsin................................... Truax Field...................................... $5,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States, and in the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... Davis - Monthan Air Force Base................... $8,500,000
California.................................. March Air Reserve Base........................... $226,500,000
Guam........................................ Joint Region Marianas............................ $27,000,000
Louisiana................................... Barksdale Air Force Base......................... $7,000,000
Texas....................................... Naval Air Station Joint Reserve Base Fort Worth.. $16,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
SEC. 2607. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2018 PROJECT AT HULMAN REGIONAL AIRPORT,
INDIANA.
(a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1817), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (131 Stat. 1836) and extended by section 2608 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2018 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
Indiana.............................. Hulman Regional Airport Construct Small Arms $8,000,000
Range.................
----------------------------------------------------------------------------------------------------------------
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2019 PROJECT AT FRANCIS S. GABRESKI AIRPORT,
NEW YORK.
(a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2240), the authorization set forth in the table in subsection (b), as provided in section 2604 of that Act (132 Stat. 2255), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2019 Project Authorization
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State Location Project Amount
----------------------------------------------------------------------------------------------------------------
New York............................. Francis S. Gabreski Security Forces/Comm. $20,000,000
Airport............... Training Facility.....
----------------------------------------------------------------------------------------------------------------
SEC. 2609. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2021 PROJECTS.
(a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021
(division B of Public Law 116-283; 134 Stat. 4294), the authorizations set forth in the table in subsection (b), as provided in sections 2601, 2602, and 2604 of that Act (134 Stat. 4312, 4313, 4314), shall remain in effect until October 1, 2024, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025, whichever is later.
(b) Table.--The table referred to in subsection (a) is as follows:
National Guard and Reserve: Extension of 2021 Project Authorizations
----------------------------------------------------------------------------------------------------------------
Installation or Original Authorized
State/Country Location Project Amount
----------------------------------------------------------------------------------------------------------------
Arkansas............................. Fort Chaffee........... National Guard $15,000,000
Readiness Center......
California........................... Bakersfield............ National Guard Vehicle $9,300,000
Maintenance Shop......
Colorado............................. Peterson Space Force National Guard $15,000,000
Base.................. Readiness Center......
Guam................................. Joint Region Marianas.. Space Control Facility $20,000,000
#5....................
Ohio................................. Columbus............... National Guard $15,000,000
Readiness Center......
Massachusetts........................ Devens Reserve Forces Automated Multipurpose $8,700,000
Training Area......... Machine Gun Range.....
North Carolina....................... Asheville.............. Army Reserve Center/ $24,000,000
Land..................
Puerto Rico.......................... Fort Allen............. National Guard $37,000,000
Readiness Center......
South Carolina....................... Joint Base Charleston. National Guard $15,000,000
Readiness Center......
Texas................................ Fort Worth............. Aircraft Maintenance $6,000,000
Hangar Addition/Alt...
Joint Base San Antonio. F-16 Mission Training $10,800,000
Center................
Virgin Islands....................... St. Croix.............. Army Aviation Support $28,000,000
Facility (AASF).......
....................... CST Ready Building..... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2610. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2022 PROJECT AT NICKELL MEMORIAL ARMORY,
KANSAS.
(a) Transfer Authority.--From amounts appropriated for
``Military Construction, Army National Guard'' pursuant to the authorization of appropriations in section 2606 and available as specified in the funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81, 135 Stat. 2315), the Secretary of Defense may transfer not more than $420,000 to an appropriation for ``Military Construction, Air National Guard'' for use for studying, planning, designing, and architect and engineer services for a sensitive compartmented information facility project at Nickell Memorial Armory, Kansas.
(b) Merger of Amounts Transferred.--Any amount transferred under subsection (a) shall be merged with and available for the same purposes, and for the same time period, as the
``Military Construction, Air National Guard'' appropriation to which transferred.
(c) Authority.--Using amounts transferred pursuant to subsection (a), the Secretary of the Air Force may carry out study, planning, design, and architect and engineer services activities for a sensitive compartmented information facility project at Nickell Memorial Armory, Kansas.
SEC. 2611. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2023 PROJECT AT CAMP PENDLETON, CALIFORNIA.
In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117-263) and specified in the funding table in section 4601 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) for Camp Pendleton, California, for construction of an Area Maintenance Support Activity, the Secretary of the Army may construct a 15,000 square foot facility.
______
SA 1057. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert the following:
SEC. ___. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING
CORRECTION ACT OF 2023.
(a) Department of Defense, Armed Forces, or Other Federal Worker Responders to the September 11 Attacks at the Pentagon and Shanksville, Pennsylvania.--Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3306 (42 U.S.C. 300mm-5)--
(A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively;
(B) by inserting after paragraph (4) the following:
``(5) The term `Federal agency' means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.''; and
(C) by inserting after paragraph (12), as so redesignated, the following:
``(13) The term `uniformed services' has the meaning given the term in section 101(a) of title 10, United States Code.''; and
(2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
(A) in paragraph (2)(C)(i)--
(i) in subclause (I), by striking ``; or'' and inserting a semicolon;
(ii) in subclause (II), by striking ``; and'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or
``(IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and''; and
(B) in paragraph (4)(A)--
(i) by striking ``(A) In general.--The'' and inserting the following:
``(A) Limit.--
``(i) In general.--The'';
(ii) by inserting ``or subclause (III) or (IV) of paragraph
(2)(C)(i)'' after ``or (2)(A)(ii)''; and
(iii) by adding at the end the following:
``(ii) Certain responders to the september 11 attacks at the pentagon and shanksville, pennsylvania.--The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or
(IV) of paragraph (2)(C)(i) shall not exceed 500 at any time.''.
(b) Additional Funding for the World Trade Center Health Program.--Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended by adding at the end the following:
``SEC. 3353. SPECIAL FUND.
``(a) In General.--There is established a fund to be known as the World Trade Center Health Program Special Fund
(referred to in this section as the `Special Fund'), consisting of amounts deposited into the Special Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $419,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)).
``(d) Remaining Amounts.--Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.
``SEC. 3354. PENTAGON/SHANKSVILLE FUND.
``(a) In General.--There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania
(referred to in this section as the `Pentagon/Shanksville Fund'), consisting of amounts deposited into the Pentagon/ Shanksville Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--
``(1) In general.--Amounts deposited into the Pentagon/ Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or
(IV) of section 3311(a)(2)(C)(i).
``(2) Limitation on other funding.--Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1).
``(d) Remaining Amounts.--Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.''.
(c) Conforming Amendments.--Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm- 21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352'' and inserting ``this title'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm- 31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' and inserting ``this title'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by striking ``the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund'' and inserting ``(as applicable) the Funds established under sections 3351, 3352, 3353, and 3354''; and
(B) in subsection (d)--
(i) in paragraph (1)(A), by inserting ``or the World Trade Center Health Program Special Fund under section 3353'' after
``section 3351'';
(ii) in paragraph (1)(B), by inserting ``or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' after ``section 3352''; and
(iii) in paragraph (2), in the flush text following subparagraph (C), by inserting ``or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' after ``section 3352''; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``, the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' before the period at the end; and
(B) in paragraph (3), by inserting ``, the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' before the period at the end.
(d) Ensuring Timely Access to Generics.--Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``, 10.31,'' after
``10.30'';
(B) in subparagraph (E)--
(i) by striking ``application and'' and inserting
``application or'';
(ii) by striking ``If the Secretary'' and inserting the following:
``(i) In general.--If the Secretary''; and
(iii) by striking the second sentence and inserting the following:
``(ii) Primary purpose of delaying.--
``(I) In general.--In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors:
``(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition.
``(bb) When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition.
``(cc) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions.
``(dd) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved.
``(ee) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition.
``(ff) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time.
``(gg) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug.
``(hh) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay.
``(ii) Other relevant and appropriate factors, which the Secretary shall describe in guidance.
``(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).'';
(C) by striking subparagraph (F);
(D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and
(E) in subparagraph (H), as so redesignated, by striking
``submission of this petition'' and inserting ``submission of this document'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively;
(B) by inserting before subparagraph (C), as so redesignated, the following:
``(A) In general.--A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence.
``(B) Timely submission of citizen petition.--A petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement.'';
(C) in subparagraph (C), as so redesignated--
(i) in the heading, by striking ``within 150 days'';
(ii) in clause (i), by striking ``during the 150-day period referred to in paragraph (1)(F),''; and
(iii) by amending clause (ii) to read as follows:
``(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision.'';
(D) by amending subparagraph (D), as so redesignated, to read as follows:
``(D) Dismissal of certain civil actions.--
``(i) Petition.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph
(A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.
``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition.
``(iii) Final response.--If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.''; and
(E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph
(2)(A)'' and inserting ``within the meaning of subparagraph
(C)''; and
(3) in paragraph (4)--
(A) by striking ``Exceptions'' in the paragraph heading and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and adjusting the margins accordingly.
______
SA 1058. Mr. HAWLEY (for himself, Mr. Lujan, and Mr. Crapo) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, insert the following:
Subtitle H--Radiation Exposure Compensation Act
PART I--MANHATTAN PROJECT WASTE
SEC. 10___. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
(a) Short Title.--This section may be cited as the
``Radiation Exposure Compensation Expansion Act''.
(b) Claims Relating to Manhattan Project Waste.--The Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended by inserting after section 5 the following:
``SEC. 5A. CLAIMS RELATING TO MANHATTAN PROJECT WASTE.
``(a) In General.--A claimant shall receive compensation for a claim made under this Act, as described in subsection
(b) or (c), if--
``(1) a claim for compensation is filed with the Attorney General--
``(A) by an individual described in paragraph (2); or
``(B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as--
``(i) an executor of estate of that individual; or
``(ii) a legal guardian or conservator of that individual;
``(2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual--
``(A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and
``(B) contracted a specified disease after such period of physical presence;
``(3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and
``(4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act.
``(b) Losses Available to Living Affected Individuals.--
``(1) In general.--In the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection
(a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2).
``(2) Losses due to medical expenses.--A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through--
``(A) any public or private health insurance;
``(B) any employee health insurance;
``(C) any workers' compensation program; or
``(D) any other public, private, or employee health program or benefit.
``(c) Payments to Beneficiaries of Deceased Individuals.-- In the event that an individual described in subsection
(a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim--
``(1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or
``(2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child.
``(d) Affected Area.--For purposes of this section, the term `affected area' means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367.
``(e) Specified Disease.--For purposes of this section, the term `specified disease' means any of the following:
``(1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure.
``(2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure:
``(A) Multiple myeloma.
``(B) Lymphoma, other than Hodgkin's disease.
``(C) Type 1 or type 2 diabetes.
``(D) Systemic lupus erythematosus.
``(E) Multiple sclerosis.
``(F) Hashimoto's disease.
``(G) Primary cancer of the--
``(i) thyroid;
``(ii) male or female breast;
``(iii) esophagus;
``(iv) stomach;
``(v) pharynx;
``(vi) small intestine;
``(vii) pancreas;
``(viii) bile ducts;
``(ix) gall bladder;
``(x) salivary gland;
``(xi) urinary bladder;
``(xii) brain;
``(xiii) colon;
``(xiv) ovary;
``(xv) liver, except if cirrhosis or hepatitis B is indicated;
``(xvi) lung;
``(xvii) bone; or
``(xviii) kidney.
``(f) Physical Presence.--For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area.
``(g) Disease Contraction in Affected Areas.--For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection
(a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease.''.
PART II--COMPENSATION FOR WORKERS INVOLVED IN URANIUM MINING
SEC. 10___. SHORT TITLE.
This part may be cited as the ``Radiation Exposure Compensation Act Amendments of 2023''.
SEC. 10___. REFERENCES.
Except as otherwise specifically provided, whenever in this part an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note).
SEC. 10___. EXTENSION OF FUND.
Section 3(d) is amended--
(1) by striking the first sentence and inserting ``The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023.''; and
(2) by striking ``2-year'' and inserting ``19-year''.
SEC. 10__. 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;
``(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;
``(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''.
SEC. 10__. 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.''.
SEC. 10__. 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 2023, 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.
SEC. 10__. LIMITATION ON CLAIMS.
(a) Extension of Filing Time.--Section 8(a) is amended--
(1) by striking ``2 years'' and inserting ``19 years''; and
(2) by striking ``2022'' and inserting ``2023''.
(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 2023, 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 2023 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 2023, 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 2023;
``(iii) any additional benefits and compensation sought through such request; and
``(iv) any additional information required by the Attorney General.
``(B) Additional compensation.--If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 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 2023); 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 2023; 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).''.
SEC. 10__. 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 2024 through 2026.
SEC. 10__. 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.''.
______
SA 1059. Mr. SCOTT of Florida (for himself and Mr. Lujan) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. PROHIBITION ON THE PURCHASE OF COMMERCIAL OFF-THE-
SHELF INFORMATION TECHNOLOGY ITEMS INVOLVING
ENTITIES OWNED OR CONTROLLED BY PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Beginning 180 days after the date of the enactment of this Act, the Secretary of Defense may not acquire, purchase, lease, or enter into any contract or agreement for the acquisition of computers, printers, televisions, or cameras if the manufacturer is owned or controlled, directly or indirectly, by the Government of the People's Republic of China, as determined by the Secretary under subsection (b).
(b) List of Covered Manufacturers.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall compile a list of manufacturers covered by the prohibition under subsection (a). The list shall be updated not less than annually.
(c) Waiver.--
(1) In general.--The Secretary of Defense may waive the prohibition under subsection (a) for specific acquisitions in exceptional circumstances.
(2) Notification requirement.--Not later than 30 days after exercising a waiver under paragraph (1), the Secretary shall notify the congressional defense committees of the waiver. The notification shall include--
(A) a detailed justification and reasons for the waiver;
(B) an assessment of the national security risks involved and a description of the measures taken to mitigate them; and
(C) a description of the specific entities or acquisitions affected.
(d) Establishment of Risk-based Approach.--The Secretary of Defense shall--
(1) establish controls to prevent the purchase of high-risk commercial off-the-shelf information technology items with known cybersecurity risks similar to the controls implemented through the use of the national security systems-restricted list; and
(2) update the Department of Defense acquisition policy to require organizations to review and evaluate cybersecurity risks for high-risk commercial off-the-shelf items before purchase, regardless of the purchase method.
______
SA 1060. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION I--SMALL BUSINESS MATTERS
SEC. 11001. DEFINITIONS.
In this division:
(1) Administration.--The term ``Administration'' means the Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the Administrator of the Administration.
(3) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).
TITLE LXIX--COMMUNITY ADVANTAGE LOAN PROGRAM AND SMALL BUSINESS LENDING
COMPANIES
Subtitle A--Community Advantage Loan Program Act of 2023
SEC. 11101. SHORT TITLE.
This subtitle may be cited as the ``Community Advantage Loan Program Act of 2023''.
SEC. 11102. COMMUNITY ADVANTAGE LOAN PROGRAM.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following:
``(38) Community advantage loan program.--
``(A) Purposes.--The purposes of the Community Advantage Loan Program are--
``(i) to create a mission-oriented loan guarantee program;
``(ii) to increase lending to small business concerns in underserved and rural markets, including to new businesses;
``(iii) to ensure that the program under this subsection expands inclusion and more broadly meets congressional intent to reach borrowers who are unable to get credit elsewhere on reasonable terms and conditions;
``(iv) to help underserved small business concerns become bankable by utilizing the small dollar financing and business support experience of mission-oriented lenders;
``(v) to allow certain mission-oriented lenders, primarily financial intermediaries focused on economic development in underserved markets, access to guarantees for loans under this subsection (referred to in this paragraph as `7(a) loans') and provide management and technical assistance to small business concerns as needed; and
``(vi) to assist covered institutions with providing business support services and technical assistance to small business concerns, when needed.
``(B) Definitions.--In this paragraph:
``(i) Community advantage network partner.--The term
`Community Advantage Network Partner'--
``(I) means a nonprofit, mission-oriented organization that acts as a Referral Agent to covered institutions in order to expand the reach of the program to small business concerns in underserved markets; and
``(II) does not include a covered institution making loans under the program.
``(ii) Covered institution.--The term `covered institution' means an entity that--
``(I) is--
``(aa) a development company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), participating in the 504 Loan Guaranty program established under title V of that Act (15 U.S.C. 695 et seq.);
``(bb) a nonprofit intermediary, as defined in subsection
(m)(11), participating in the microloan program under subsection (m);
``(cc) a non-Federally regulated entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(a)); or
``(dd) an eligible intermediary, as defined in subsection
(l)(1), participating in the small business intermediary lending program established under subsection (l)(2); and
``(II) has approved and disbursed 10 similarly sized loans in the preceding 24-month period and is servicing not less than 10 similarly sized loans to small business concerns in the portfolio of the entity.
``(iii) Existing business.--The term `existing business' means a small business concern that has been in existence for not less than 2 years on the date on which a loan is made to the small business concern under the program.
``(iv) New business.--The term `new business' means a small business concern that has been in existence for not more than 2 years on the date on which a loan is made to the small business concern under the program.
``(v) Program.--The term `program' means the Community Advantage Loan Program established under subparagraph (C).
``(vi) Referral agent.--The term `Referral Agent' has the meaning given the term in section 103.1(f) of title 13, Code of Federal Regulations, or any successor regulation.
``(vii) Rural area.--The term `rural area' means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census.
``(viii) Small business concern in an underserved market.-- The term `small business concern in an underserved market' means a small business concern--
``(I) that is located in--
``(aa) a low- to moderate-income community;
``(bb) a HUBZone, as that term is defined in section 31(b);
``(cc) a rural area;
``(dd) a community that has been designated as an empowerment zone or enterprise community under section 1391 of the Internal Revenue Code of 1986;
``(ee) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; or
``(ff) a community that has been designated as a promise zone by the Secretary of Housing and Urban Development;
``(II) for which more than 50 percent of the employees reside in a low- or moderate-income community;
``(III) that is a new business; or
``(IV) that is owned and controlled by veterans or spouses of veterans.
``(C) Establishment.--There is established a Community Advantage Loan Program under which the Administration may guarantee loans closed by covered institutions under this subsection, with an emphasis on loans made to small business concerns in underserved markets.
``(D) Program levels.--In fiscal year 2024 and each fiscal year thereafter, not more than 10 percent of the number of loans guaranteed under this subsection may be guaranteed under the program.
``(E) Grandfathering of existing lenders.--Any covered institution that was licensed by the Administrator as a Community Advantage small business lending company, or that participated in the Community Advantage Pilot Program of the Administration, during the period beginning on May 1, 2023, and ending on September 30, 2023, and was in good standing during that period, as determined by the Administration--
``(i) shall be designated as participants in the program;
``(ii) shall not be required to submit an application to participate in the program; and
``(iii) for the purpose of determining the loan loss reserve amount of the covered institution, shall have participation in the Community Advantage Pilot Program included in the calculation under subparagraph (J).
``(F) Requirement to make loans to underserved markets.-- Not less than 60 percent of loans closed by a covered institution under the program shall consist of loans made to small business concerns in underserved markets.
``(G) Maximum loan amount; collateral.--
``(i) Maximum loan amount.--
``(I) In general.--Except as provided in subclause (II), the maximum loan amount for a loan guaranteed under the program is $350,000.
``(II) Experienced lenders.--
``(aa) In general.--The Administrator may approve not more than 8 covered institutions (referred to in this subclause as the `experienced lenders'), each of which has not less than 5 years of experience making loans under the Community Advantage Pilot Program of the Administration or the program established under this paragraph, to be eligible to make loans under this subclause.
``(bb) Maximum loan amount.--Subject to item (dd), an experienced lender may make a loan guaranteed under the program in an amount that is not more than $750,000.
``(cc) Participation by the administration.--With respect to an agreement to participate in a loan made under this subclause on a deferred basis, the participation by the Administration shall be--
``(AA) 75 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $350,000;
``(BB) as described in clause (i) of paragraph (2)(G), if the balance of the financing outstanding at the time of the disbursement of the loan is as described in that clause; or
``(CC) as described in clause (ii) of paragraph (2)(G), if the balance of the financing outstanding at the time of the disbursement of the loan is as described in that clause.
``(dd) Requirements to make loans in certain amounts.--Not less than 60 percent of loans closed by each experienced lender under the program shall consist of loans in an amount that is not more than $350,000.
``(ii) Collateral.--
``(I) In general.--A covered institution shall not be required to take collateral with respect to a loan guaranteed under the program if the amount of that loan is not more than
$50,000.
``(II) Policies and procedures of covered institution.--In determining the amount of collateral required with respect to a loan guaranteed under the program, a covered institution may use the collateral policies and procedures of the covered institution with respect to similarly sized commercial loans closed by the covered institution that are not guaranteed by the Administration.
``(H) Interest rates.--The maximum allowable interest rate prescribed by the Administration on any financing made on a deferred basis pursuant to the program shall not exceed the maximum allowable interest rate under sections 120.213 and 120.214 of title 13, Code of Federal Regulations, or any successor regulations.
``(I) Refinancing of community advantage program loans.--A loan guaranteed under the program or guaranteed under the Community Advantage Pilot Program of the Administration may be refinanced into another 7(a) loan made by a lender that does not participate in the program.
``(J) Loan loss reserve requirements.--
``(i) Loan loss reserve account for covered institutions.-- A covered institution--
``(I) with not more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to 5 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program; and
``(II) with more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to the average repurchase rate of the covered institution over the preceding 36-month period, except that such amount shall not be less than 3 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program.
``(ii) Additional loan loss reserve amount for selling loans on the secondary market.--In addition to the amount required in the loan loss reserve account under clause (i), a covered institution that sells a program loan on the secondary market shall be required to maintain the following additional amounts in the loan loss reserve account:
``(I) For a covered institution with less than 5 years of experience selling program loans on the secondary market, an amount equal to 3 percent of the guaranteed portion of each program loan sold on the secondary market.
``(II) For a covered institution with more than 5 years of experience selling program loans on the secondary market, an amount equal to the average repurchase rate for loans sold by the covered institution on the secondary market over the preceding 36 months, except that such amount shall be not less than 2 percent of the guaranteed portion of each program loan sold into the secondary market.
``(iii) Recalculation.--On October 1 of each year, the Administrator shall recalculate the loan loss reserve required under clauses (i) and (ii).
``(K) Training.--The Administration--
``(i) shall provide accessible upfront and ongoing training for covered institutions making loans under the program to support program compliance and improve the interface between the covered institutions and the Administration, which shall include--
``(I) guidance for following the regulations of the Administration; and
``(II) guidance specific to mission-oriented lending that is intended to help lenders effectively reach and support small business concerns in underserved markets, including management and technical assistance delivery;
``(ii) may enter into a contract to provide the training described in clause (i) with an organization--
``(I) with expertise in lending under this subsection; and
``(II) primarily specializing in--
``(aa) mission-oriented lending; and
``(bb) lending to small business concerns in underserved markets; and
``(iii) shall provide training for the employees and contractors of the Administration that regularly engage with covered institutions or borrowers under the program.
``(L) Community advantage outreach and education.--The Administrator--
``(i) shall develop and implement a program to promote to, conduct outreach to, and educate prospective covered institutions about the program; and
``(ii) may enter into a contract with 1 or more nonprofit organizations experienced in working with and training mission-oriented lenders to provide the promotion, outreach, and education described in clause
(i).
``(M) Community advantage network partner participation.--
``(i) In general.--A covered institution that uses a Community Advantage Network Partner shall abide by policies and procedures of the Administration concerning the use of Referral Agent fees permitted by the Administration and disclosure of those fees.
``(ii) Payment of fees.--Notwithstanding any other provision of law, all fees described in clause (i) shall be paid by the covered institution to the Community Advantage Network Partner upon disbursement of the applicable program loan.
``(N) Delegated authority.--A covered institution is not eligible to receive delegated authority from the Administration under the program until the covered institution has satisfied the following applicable requirements:
``(i) For a covered institution actively participating in the Community Advantage Pilot Program of the Administration, as of the day before the date of enactment of this paragraph--
``(I) the covered institution has approved and fully disbursed not fewer than 10 loans under that Pilot Program; and
``(II) the Administration has evaluated the ability of the covered institution to fulfill program requirements.
``(ii) For any covered institution not described in clause
(i)--
``(I) the covered institution has approved and fully disbursed not fewer than 20 loans under the program; and
``(II) the Administration has evaluated the ability of the covered institution to fulfill program requirements.
``(O) Reporting.--
``(i) Weekly reports.--
``(I) In general.--The Administration shall report on the website of the Administration, as part of the weekly reports on lending approvals under this subsection--
``(aa) on and after the date of enactment of this paragraph, the number and dollar amount of loans guaranteed under the Community Advantage Pilot Program of the Administration; and
``(bb) on and after the date on which the Administration begins to approve loans under the program, the number and dollar amount of loans guaranteed under the program.
``(II) Separate accounting.--The number and dollar amount of loans reported in a weekly report under subclause (I) for loans guaranteed under the Community Advantage Pilot Program of the Administration and under the program shall include a breakdown by the demographic information of the owners of the small business concerns, by whether the small business concern is a new business or an existing business, and by whether the small business concern is located in an urban or rural area, and broken down by--
``(aa) loans of not more than $50,000;
``(bb) loans of more than $50,000 and not more than
$150,000;
``(cc) loans of more than $150,000 and not more than
$250,000;
``(dd) loans of more than $250,000 and not more than
$350,000; and
``(ee) loans of more than $350,000 and not more than
$750,000.
``(ii) Annual reports.--
``(I) In general.--For each fiscal year in which the program is in effect, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publicly available on the internet, information about loans provided under the program and under the Community Advantage Pilot Program of the Administration.
``(II) Contents.--Each report submitted and made publicly available under subclause (I) shall include--
``(aa) the number and dollar amounts of loans provided to small business concerns under the program, including a breakdown by--
``(AA) the demographic information of the owners of the small business concern;
``(BB) whether the small business concern is located in an urban or rural area; and
``(CC) whether the small business concern is an existing business or a new business, as provided in the weekly reports on lending approvals under this subsection;
``(bb) the proportion of loans described in item (aa) compared to--
``(AA) other 7(a) loans of any amount;
``(BB) other 7(a) loans of similar amounts;
``(CC) express loans provided under paragraph (31) of similar amounts; and
``(DD) other 7(a) loans of similar amounts provided to small business concerns in underserved markets;
``(cc) the number and dollar amounts of loans provided to small business concerns under each category described in subitems (AA), (BB), and (CC) of item (aa), which shall be broken down by--
``(AA) loans of not more than $50,000;
``(BB) loans of more than $50,000 and not more than
$150,000;
``(CC) loans of more than $150,000 and not more than
$250,000;
``(DD) loans of more than $250,000 and not more than
$350,000; and
``(EE) loans of more than $350,000 and not more than
$750,000;
``(dd) the number and dollar amounts of loans provided to small business concerns under the program by State, and the jobs created or retained within each State; and
``(ee) a list of covered institutions participating in the program and the Community Advantage Pilot Program of the Administration, including--
``(AA) the name, location, and contact information, such as the website and telephone number, of each covered institution; and
``(BB) a breakdown by the number and dollar amount of the loans approved for small business concerns.
``(III) Timing.--An annual report required under this clause shall--
``(aa) be submitted and made publicly available not later than December 1 of each year; and
``(bb) cover the lending activity for the fiscal year that ended on September 30 of that same year.
``(P) GAO report.--Not later than 5 years after the date of enactment of this paragraph, the Comptroller General of the United States shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report--
``(i) assessing--
``(I) the extent to which the program fulfills the requirements of this paragraph; and
``(II) the performance of covered institutions participating in the program; and
``(ii) providing recommendations on the administration of the program and the findings under subclauses (I) and (II) of clause (i).
``(Q) Regulations.--
``(i) In general.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall promulgate regulations governing the program, including metrics for lender performance, metrics of success and benchmarks of the program, and criteria for appropriate management and technical assistance.
``(ii) Updates.--The Administrator shall consult the report submitted under subparagraph (P) and, not later than 180 days after the date on which the Comptroller General of the United States submits the report, promulgate any necessary changes to existing regulations of the Administration based on the recommendations contained in the report.''.
(b) Participation.--Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (F)'' and inserting ``(F), and (G)''; and
(2) by adding at the end the following:
``(G) Participation in the community advantage loan program.--Subject to subparagraph (G)(i)(II)(cc) of paragraph
(38), in an agreement to participate in a loan on a deferred basis under that paragraph, the participation by the Administration shall be--
``(i) 80 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $150,000 and not more than
$350,000; or
``(ii) 90 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is not more than $150,000.''.
Subtitle B--Modernizing SBA's Loan Programs Act of 2023
SEC. 11111. SHORT TITLE.
This subtitle may be cited as the ``Modernizing SBA's Business Loan Programs Act of 2023''.
SEC. 11112. FINDINGS.
Congress finds that--
(1) in 1982, the Administration placed a moratorium on licensing new small business lending companies because the Administration lacked the resources to effectively service and supervise additional small business lending companies;
(2) according to the Office of the Inspector General of the Administration, the reduction in staff in the Office of Credit Risk Management of the Administration from 42 full- time employees to 29 full-time employees could affect the fiscal year 2023 goals of the Administration for oversight reviews;
(3) the Administration has finalized a rulemaking to lift the moratorium on the licensing new small business lending companies and establish a new Community Advantage small business lending company license, and there is no cap on the number of small business lending companies licenses that could be issued by the Administration;
(4) the increased costs and fees for an existing Community Advantage lender in the Community Advantage Pilot Program of the Administration to obtain and maintain a Community Advantage small business lending company license could be cost prohibitive for a majority of current Community Advantage lenders to transition to a Community Advantage small business lending company;
(5) on May 1, 2023, the Administration announced that the Community Advantage Pilot Program would sunset on September 30, 2023, and the authority of a Community Advantage lender to make loans under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) under the pilot program will terminate;
(6) the Administration does not have adequate resources to issue either more than 3 new small business lending company licenses or new Community Advantage small business lending company licenses, as the Office of Credit Risk Management does not have the capacity to assume additional oversight responsibilities; and
(7) in order to increase small dollar lending in underserved areas, the Community Advantage Pilot Program should be made permanent, giving lenders certainty to continue to make loans under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
SEC. 11113. LENDING CRITERIA.
(a) 7(a) Loans.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)) is amended by adding at the end the following:
``(D) Underwriting requirements.--
``(i) In general.--With respect to a loan guaranteed under this subsection--
``(I) the applicant (including an operating company) shall be creditworthy;
``(II) the loan must be so sound as to reasonably assure repayment; and
``(III) subject to the approval of the Administrator, the Director of the Office of Credit Risk Management may require additional criteria.
``(ii) Lending criteria for loans of $350,000 or more.-- With respect to a loan guaranteed under this section that is not less than $350,000, the Administration and lenders shall, as applicable, consider the following:
``(I) Credit history of the applicant (and the operating company, if applicable), and the associates and guarantors of the applicant.
``(II) Experience and depth of management.
``(III) Strength of the business.
``(IV) Past earnings, projected cash flow, and future prospects.
``(V) Ability to repay the loan with earnings from the business of the applicant.
``(VI) Sufficient invested equity to operate on a sound financial basis.
``(VII) Potential for long-term success.
``(VIII) Nature and value of collateral (although inadequate collateral may not be the sole reason for denial of a loan application).
``(IX) The effect any affiliate of the applicant may have on the ultimate repayment ability of the applicant.
``(iii) Lending criteria for loans of less than $350,000.-- With respect to a loan guaranteed under this section that is less than $350,000--
``(I) lenders shall use appropriate and generally acceptable commercial credit analysis processes and procedures consistent with those used for similarly-sized commercial loans that are not guaranteed by the Administration;
``(II) the Administration and lenders may use a business credit scoring model; and
``(III) the Administration and lenders shall, as applicable, consider--
``(aa) the credit score or credit history of the applicant
(and the operating company, if applicable), and the associates and guarantors of the applicant;
``(bb) the earnings or cash flow of the applicant;
``(cc) any equity or collateral of the applicant; and
``(dd) the effect any affiliates of the applicant may have on the ultimate repayment ability of the applicant.''.
(b) 504/CDC Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following:
``(8) Underwriting requirements.--
``(A) In general.--With respect to a loan made under this section--
``(i) the applicant (including an operating company) shall be creditworthy; and
``(ii) the loan must be so sound as to reasonably assure repayment.
``(B) Lending criteria.--With respect to a loan made under this section--
``(i) lenders and certified development companies shall use appropriate and generally acceptable commercial credit analysis processes and procedures consistent with those used for similarly-sized commercial loans that are not guaranteed by the Administration;
``(ii) the Administration, lenders, and certified development companies may use a business credit scoring model; and
``(iii) the Administration, lenders, and certified development companies shall, as applicable, consider--
``(I) the credit score or credit history of the applicant
(and the operating company, if applicable), and the associates and guarantors of the applicant;
``(II) the earnings or cash flow of the applicant; and
``(III) any equity or collateral of the applicant.''.
SEC. 11114. AFFILIATION AND FRANCHISE DIRECTORY.
(a) Affiliation Principles.--
(1) Business loans.--Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(E) Affiliation principles.--Affiliation under any of the circumstances described below is sufficient to establish affiliation for applicants for a loan guaranteed under this subsection:
``(i) Affiliation based on ownership.--
``(I) In general.--For determining affiliation based on equity ownership, a concern is an affiliate of an individual, concern, or entity that owns or has the power to control more than 50 percent of the voting equity of the concern.
``(II) Other officers.--If no individual, concern, or entity is found to control a concern under subclause (I), the Administrator shall deem the board of directors, president, or chief executive officer (or other officers, managing members, or partners who control the management of the concern) to be in control of the concern.
``(III) Minority shareholder.--The Administrator shall deem a minority shareholder of a concern to be in control of the concern if that individual or entity has the ability, under the charter, by-laws, or shareholder agreement of the concern, to prevent a quorum or otherwise block action by the board of directors or shareholders of the concern.
``(ii) Affiliation arising under stock options, convertible securities, and agreements to merge.--
``(I) In general.--In determining the size of a concern, the Administrator shall--
``(aa) consider stock options, convertible securities, and agreements to merge (including agreements in principle) to have a present effect on the power to control a concern; and
``(bb) treat options, convertible securities, and agreements described in item (aa) as though the rights granted have been exercised.
``(II) Agreements to open or continue negotiations.--An agreement to open or continue negotiations towards the possibility of a merger or a sale of stock at some later date is not considered an `agreement in principle' and is not given present effect.
``(III) Conditions precedent.--Stock options, convertible securities, and agreements that are subject to conditions precedent that are incapable of fulfillment, speculative, conjectural, or unenforceable under State or Federal law, or where the probability of the transaction (or exercise of the rights) occurring is shown to be extremely remote, are not given present effect.
``(IV) Termination of control.--
``(aa) In general.--An individual, concern, or other entity that controls 1 or more other concerns cannot use stock options, convertible securities, or agreements to appear to terminate such control before actually doing so.
``(bb) Divesting.--The Administrator shall not give present effect to the ability of an individual, concern, or other entity to divest all or part of their ownership interest in a concern in order to avoid a finding of affiliation.
``(iii) Affiliation based on management.--Affiliation arises where--
``(I) the chief executive officer or president of the applicant concern (or other officers, managing members, or partners who control the management of the concern) also controls the management of 1 or more other concerns;
``(II) a single individual, concern, or entity that controls the board of directors or management of 1 concern also controls the board of directors or management of 1 of more other concerns; or
``(III) a single individual, concern, or entity controls the management of the applicant concern through a management agreement.
``(iv) Affiliation based on identity of interest.--
``(I) Definition.--In this clause, the term `close relative' means--
``(aa) a spouse, parent, child, or sibling; and
``(bb) the spouse of any individual described in item (aa).
``(II) Close relatives.--Affiliation arises when there is an identity of interest between close relatives with identical or substantially identical business or economic interests, such as where the close relatives operate concerns in the same or similar industry in the same geographic area.
``(III) Aggregated interests.--If the Administrator determines that interests described in subclause (II) should be aggregated, an individual or firm may rebut that determination with evidence showing that the interests deemed to be affiliated are in fact separate.
``(v) Affiliation based on franchise and license agreements.--
``(I) In general.--The restraints imposed on a franchisee or licensee by its franchise or license agreement generally shall not be considered in determining whether the franchisor or licensor is affiliated with an applicant franchisee or licensee, if the applicant franchisee or licensee has the right to profit from its efforts and bears the risk of loss commensurate with ownership.
``(II) Nature of agreement.--For purposes of subclause (I), the Administrator shall only consider the franchise or license agreements of the applicant concern.
``(vi) Determining the concern's size.--In determining the size of a concern, the Administrator counts the receipts, employees, or the alternate size standard (if applicable) of the concern whose size is at issue and all of the domestic and foreign affiliates of the concern, regardless of whether the affiliates are organized for profit.
``(vii) Exceptions to affiliation.--The exceptions to affiliation described in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply.''.
(2) 504/CDC loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by this subtitle, is amended by adding at the end the following:
``(9) Affiliation principles.--Affiliation under any of the circumstances described below is sufficient to establish affiliation for applicants for a loan under this section:
``(A) Affiliation based on ownership.--
``(i) Ownership of another business.--When the applicant owns more than 50 percent of another business, the applicant and the other business are affiliated.
``(ii) Ownership by other businesses.--
``(I) In general.--When a business owns more than 50 percent of an applicant, the business that owns the applicant is affiliated with the applicant.
``(II) Other business owned by owner of applicant.--If a business entity owner that owns more than 50 percent of an applicant also owns more than 50 percent of another business that operates in the same 3-digit North American Industry Classification System subsector as the applicant, then the business entity owner, the other business, and the applicant are all affiliated.
``(iii) Ownership by individuals.--When an individual owns more than 50 percent of the applicant and the individual also owns more than 50 percent of another business entity that operates in the same 3-digit North American Industry Classification System subsector as the applicant, the applicant and the individual owner's other business entity are affiliated.
``(iv) Less than 50 percent.--When an applicant does not have an owner that owns more than 50 percent of the applicant, if an owner of 20 percent or more of the applicant also owns more than 50 percent of another business entity that operates in the same 3-digit North American Industry Classification System subsector as the applicant, the applicant and the owner's other business entity are affiliated.
``(v) Spouse and minor children.--Ownership interests of spouses and minor children shall be combined when determining amount of ownership interest.
``(vi) Percentage of ownership.--When determining the percentage of ownership that an individual owns in a business, the Administrator shall consider the pro rata ownership of entities.
``(B) Affiliation arising under stock options, convertible securities, and agreements to merge.--
``(i) In general.--The Administrator shall--
``(I) consider stock options, convertible securities, and agreements to merge (including agreements in principle) to have a present effect on the ownership of an entity; and
``(II) treat options, convertible securities, and agreements described in subclause (I) as though the rights granted have been exercised.
``(ii) Agreements to open or continue negotiations.--An agreement to open or continue negotiations towards the possibility of a merger or a sale of stock at some later date is not considered an `agreement in principle' and is not given present effect.
``(iii) Conditions precedent.--Stock options, convertible securities, and agreements that are subject to conditions precedent that are incapable of fulfillment, speculative, conjectural, or unenforceable under State or Federal law, or where the probability of the transaction (or exercise of the rights) occurring is shown to be extremely remote, are not given present effect.
``(iv) Ability to divest.--The Administrator shall not give present effect to individuals', concerns', or other entities' ability to divest all or part of their ownership interest to avoid a finding of affiliation.
``(C) Determining the concern's size.--In determining the size of a concern, the Administrator counts the receipts, employees, or the alternate size standard (if applicable) of the concern whose size is at issue and all of the domestic and foreign affiliates of the concern, regardless of whether the affiliates are organized for profit.
``(D) Exceptions to affiliation.--The exceptions to affiliation described in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply.''.
(b) Franchise Directory.--Not later than 30 days after the date of enactment of this Act, the Administration shall publish and maintain on the website of the Administration a Franchise Directory, which shall contain a list that lenders and certified development companies may use in evaluating whether a franchise is eligible for financing from the Administration.
SEC. 11115. LOAN AUTHORIZATION.
(a) 7(a) Loans.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(F) Loan authorization.--
``(i) In general.--With respect to a loan made or guaranteed under this subsection, the Administration shall issue a written agreement providing the terms and conditions under which the Administration will make or guarantee the loan.
``(ii) Not a contract.--A written agreement issued under clause (i) is not a contract to make a loan.''.
(b) 504/CDC Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by this subtitle, is amended by adding at the end the following:
``(10) Loan authorization.--
``(A) In general.--With respect to a loan made under this section, the Administration shall issue a written agreement providing the terms and conditions under which the Administration will make the loan.
``(B) Not a contract.--A written agreement issued under subparagraph (A) is not a contract to make a loan.''.
SEC. 11116. OVERSIGHT OF SMALL BUSINESS LENDING COMPANIES.
(a) Definition.--Section 3(r) of the Small Business Act (15 U.S.C. 632(r)) is amended, in the matter preceding paragraph
(1), by striking ``As used in section 23 of this Act'' and inserting ``In this Act''.
(b) Capital Requirements; Maximum Number.--Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(G) Additional provisions relating to small business lending companies.--
``(i) Maximum number.--
``(I) In general.--Not more than 17 small business lending companies may be authorized to make loans under this subsection at any time.
``(II) Existing small business lending companies.--
``(aa) In general.--Except as provided in subclause (III), each of the 14 small business lending companies authorized to make loans under this subsection as of June 1, 2023 shall retain such authorization on and after the date of enactment of this subparagraph.
``(bb) Loss of authorization.--With respect to a lender that, as of the date of enactment of this subparagraph, is authorized as a Community Advantage small business lending company, that lender shall, beginning on that date of enactment--
``(AA) no longer have that authorization; and
``(BB) be designated as a lender under the Community Advantage Loan Program established under paragraph (38).
``(III) Transfer or sale.--The Administrator shall have the discretion to authorize the transfer or sale of a license of a small business lending company to make loans under this subsection to another small business lending company.
``(IV) Limitation of delegated authority.--
``(aa) In general.--Notwithstanding paragraph (31), any small business lending company that the Administration authorizes after June 1, 2023 to make loans under this subsection shall be ineligible for delegated authority from the Administration to process, close, service, and liquidate certain loans made under this subsection for the 5-year period beginning on the date on which the Administration authorizes the small business lending company to make loans under this subsection.
``(bb) Existing sblcs.--Item (aa) shall not apply with respect to each of the 14 small business lending companies authorized to make loans under this subsection as of June 1, 2023.
``(ii) Minimum capital requirements.--
``(I) In general.--Except as provided in subclauses (II) and (III), to be authorized to make loans under this subsection, a small business lending company shall comply with the minimum capital requirements in effect on January 3, 2021.
``(II) Approved on or after january 4, 2021.--Any small business lending company authorized by the Administration to make loans under this subsection on or after January 4, 2021, including in the event of a change of ownership or control, shall maintain, at a minimum, the greater of--
``(aa) unencumbered paid-in capital and paid-in surplus of not less than $5,000,000; or
``(bb) an amount equal to 10 percent of the aggregate of its share of all outstanding loans.
``(III) Requirements on and after january 4, 2024.--On and after January 4, 2024, each small business lending company that makes or acquires a loan under this subsection shall maintain, at a minimum, the greater of--
``(aa) unencumbered paid-in capital and paid-in surplus of not less than $5,000,000; or
``(bb) an amount equal to 10 percent of the aggregate of its share of all outstanding loans.
``(iii) Criteria for licensing small business lending companies.--The Administrator shall use uniform terms for the licensing of business concerns as small business lending companies and the participation of those companies in the programs under this subsection.''.
(c) Annual Stress Testing and Reviews.--Section 23(d) of the Small Business Act (15 U.S.C. 650(d)) is amended--
(1) in paragraph (1), by inserting ``In general.--'' after
``(1)'';
(2) in paragraph (2), by inserting ``Hearing.--'' after
``(2)'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) Special supervisory authorities related to small business lending companies.--
``(A) Review and revocation of authority.--
``(i) In general.--The Director of the Office of Credit Risk Management (in this paragraph referred to as the
`Director')--
``(I) may review and revoke the authority of a small business lending company to make, service, or liquidate business loans under section 7(a) for performance, excessive losses, or predatory lending;
``(II) shall review and may revoke the authority of a small business lending company to make, service, or liquidate business loans under section 7(a) if--
``(aa) the early default rate for the small business lending company exceeds the average default rate for all small business lending companies participating in the loan program under section 7(a);
``(bb) the small business lending company fails to comply with the requirements under subparagraph (B); or
``(cc) the Director finds in an audit conducted under subparagraph (C)(ii) that the small business lending company is not in compliance with 1 or more of the requirements described in subparagraph (C); and
``(III) shall revoke the authority of a small business lending company to make, service, or liquidate business loans under section 7(a) if the Director has determined the small business lending company has failed to comply with the requirements in subclause (II) or (III) of subparagraph
(B)(ii) for 2 or more years in a row.
``(ii) Reporting requirement.--If the Director revokes the authority of a small business lending company to make, service, or liquidate business loans under section 7(a), the Director shall report the revocation, along with details and information describing why that decision was made, to the Office of the Inspector General of the Administration.
``(B) Annual stress tests.--
``(i) In general.--Each small business lending company shall--
``(I) conduct an annual stress test of the portfolio of the small business lending company under section 7(a) in accordance with the requirements under clause (ii); and
``(II) report to the Director the findings of each annual stress test conducted under subclause (I).
``(ii) Requirements.--Each stress test conducted under clause (i) shall comply with the following requirements:
``(I) The small business lending company shall use financial data as of December 31 of the calendar year prior to the reporting year.
``(II) The small business lending company shall use the scenarios provided by the Director, which shall reflect a minimum of 2 sets of economic and financial conditions, including baseline and severely adverse scenarios that incorporate consideration of interest rate risk. The Director shall provide a description of the scenarios required to be used by each small business lending company not later than February 15 of the reporting year.
``(III) The board of directors and senior management of each small business lending company shall consider the results of the stress tests conducted under this subsection in the normal course of business, including capital planning, assessment of capital adequacy, and risk management practices of the small business lending company.
``(C) Compliance with bank secrecy act and anti-money laundering requirements.--
``(i) Definition.--In this subparagraph, the term `Bank Secrecy Act' means--
``(I) section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b);
``(II) chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.); and
``(III) subchapter II of chapter 53 of title 31, United States Code.
``(ii) Annual reviews.--The Director--
``(I) shall conduct annual reviews to ensure that small business lending companies are in compliance with the requirements contained in the regulations issued under clause
(iii); and
``(II) in conducting a review under subclause (I), may not rely on self-certification by a small business lending company that the small business lending company is in compliance with those requirements.
``(iii) Regulations.--Not later than 1 year after the date of enactment of the Modernizing SBA's Business Loan Programs Act of 2023, the Administrator shall, in consultation with other appropriate Federal agencies, issue regulations to provide a framework to ensure that small business lending companies are in compliance with the requirements under the Bank Secrecy Act, including Know Your Customer and anti-money laundering requirements, and any applicable consumer protection laws, including the Truth in Lending Act (15 U.S.C. 1601 et seq.), the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.), and the Gramm-Leach-Bliley Act (Public Law 106-102; 113 Stat. 1338).'';
(5) in paragraph (4), as so redesignated, by inserting
``Notification.--'' after ``(4)''; and
(6) in paragraph (5), as so redesignated, by inserting
``Delegation.--'' after ``(5)''.
SEC. 11117. OFFICE OF CREDIT RISK MANAGEMENT.
Section 47 of the Small Business Act (15 U.S.C. 657t) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting before the period at the end the following: ``with a demonstrated career in or outstanding qualifications or expertise related to finance and financial risk management. The Director shall report directly to the Administrator''; and
(B) by adding at the end the following:
``(3) Compensation.--The Administrator shall fix the compensation of the Director--
``(A) as necessary to carry out the duties of the Office; and
``(B) in an amount that is not less than the highest rate of basic pay for the Senior Executive Service under section 5382(b) of title 5, United States Code.''; and
(2) in subsection (h)(2)--
(A) in subparagraph (I), by striking ``and'' at the end;
(B) in subparagraph (J), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(K) the number of 7(a) lenders that had an early default rate of more than 3 percent; and
``(L) an analysis of the median and average credit scores of borrowers relating to early default rates, purchase rates, and charge offs.''.
SEC. 11118. DENIED LOAN OR LOAN MODIFICATION REQUEST.
(a) 7(a) Loans.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(H) Denied loan or loan modification request.--
``(i) Role of administrator.--The Administrator may not intervene or make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this subsection.
``(ii) Final decision.--Only the Director of the Office of Financial Assistance may make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this subsection.''.
(b) 504/CDC Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by this subtitle, is amended by adding at the end the following:
``(11) Denied loan or loan modification request.--
``(A) Role of administrator.--The Administrator may not intervene or make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this section.
``(B) Final decision.--Only the Director of the Office of Financial Assistance may make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this section.''.
SEC. 11119. DIRECT LENDING.
Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(I) Notification required before direct lending.--Not later than 60 days before the Administration implements any policy or pilot program that would allow the Administration to directly make a loan under this subsection, the Administrator shall submit a notification to Congress for review.''.
SEC. 11120. RESTRICTION ON REFINANCING DEBT.
Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(J) Restriction on refinancing debt.--
``(i) Definition.--In this subparagraph, the term
`delegated authority' means status granted by the Administration to a lender to allow the lender to process, close, service, and liquidate certain loans made under this subsection without prior review by the Administration.
``(ii) Restriction.--A lender shall be prohibited from using any delegated authority under this subsection to refinance any debt held by the lender, including any loan made under this subsection.''.
SEC. 11121. GAO STUDY.
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report that includes--
(1) an analysis of the use of alternative credit models for loans made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) in an amount of less than $350,000, including--
(A) an analysis of whether appropriate guardrails are in place to prevent fraud, waste, and abuse and provide protections for the borrower;
(B) an evaluation of the effectiveness of those credit models in reducing barriers to access to capital to underserved and rural communities; and
(C) recommendations as to whether improvements can be made by Administration in its use of alternative credit models to prevent waste, fraud, and abuse and to improve access to capital to underserved and rural communities;
(2) an audit of the operations, staffing, and resources of the Office of Credit Risk Management of the Administration, including the efforts of the Office to implement the new oversight provisions under the amendments made by this title; and
(3) a survey of the practices of lenders under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) relating to the use of criminal history when determining whether to approve a loan under that section or a similarly sized commercial loan that is not guaranteed by the Administration.
TITLE LXX--VETERAN ENTREPRENEURSHIP TRAINING ACT OF 2023
SEC. 11201. SHORT TITLE.
This title may be cited as the ``Veteran Entrepreneurship Training Act of 2023''.
SEC. 11202. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the term `covered individual' means--
``(A) a member of the Armed Forces, including the National Guard or Reserves;
``(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and
``(ii) was discharged or released from such service under conditions other than dishonorable; and
``(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).
``(2) Establishment.--During the period beginning on the date of enactment of this subsection and ending on September 30, 2028, the Administrator shall carry out a program to be known as the `Boots to Business Program' to provide entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program are to--
``(A) provide assistance and in-depth training to covered individuals interested in business ownership; and
``(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program may include--
``(i) an in-person and virtual, as applicable, presentation providing exposure to the considerations involved in self- employment and ownership of a small business concern;
``(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;
``(iii) an in-person and virtual, as applicable, classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and
``(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.
``(B) Travel costs.--
``(i) In general.--Subject to the other provisions of this subparagraph, of the total amount of grant funding that a Veteran Business Outreach Center participating in the Boots to Business Program receives from the Administration, the center may not expend more than 35 percent of that funding on costs relating to international travel with respect to the Boots to Business Program.
``(ii) Costs not included in cap.--Costs relating to the salaries of, or stipends for, instructors under the Boots to Business Program shall not be included for the purposes of the limitation under clause (i).
``(iii) Petition.--
``(I) In general.--A Veteran Business Outreach Center may petition the Administrator for the center to expend additional funds beyond the limitation under clause (i) for the purposes described in that clause.
``(II) Notification requirement.--If the Administrator grants any petition submitted under subclause (I), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a notification regarding that decision by the Administrator.
``(C) Collaboration.--The Administrator may--
``(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program;
``(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note); and
``(iii) consult with Directors of Veteran Business Outreach Centers regarding the necessity of instructor international travel and the feasibility of incorporating virtual classroom components.
``(D) Use of resource partners and district offices.--
``(i) In general.--The Administrator shall--
``(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and
``(II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program.
``(ii) Grant authority.--In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.
``(E) Availability to department of defense and the department of labor.--The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor.
``(F) Availability to department of veterans affairs.--In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum--
``(i) describe the Boots to Business Program and the services provided; and
``(ii) include eligibility requirements for participating in the Boots to Business Program.
``(G) Availability to other participating agencies.--The Administrator shall ensure information regarding the Boots to Business program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies.
``(5) Competitive bidding procedures.--The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program.
``(6) Publication of notice of funding opportunity.--Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity.
``(7) Report.--Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which--
``(A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and
``(B) shall summarize available information relating to--
``(i) grants awarded under paragraph (4)(D);
``(ii) the total cost of the Boots to Business Program;
``(iii) the amount of program funds used for domestic and international travel expenses;
``(iv) each domestic location and international location traveled to for Boots to Business program instruction;
``(v) the number of program participants using each component of the Boots to Business Program;
``(vi) the completion rates for each component of the Boots to Business Program; and
``(vii) to the extent possible--
``(I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to the Armed Forces;
``(II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration;
``(III) the number of program participants that start a small business concern;
``(IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants;
``(V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and
``(VI) the results of other germane participant satisfaction surveys;
``(C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year;
``(D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;
``(E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;
``(F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and
``(G) any additional information the Administrator determines necessary.''.
TITLE LXXI--SMALL BUSINESS CHILD CARE INVESTMENT ACT
SEC. 11301. SHORT TITLE.
This title may be cited as the ``Small Business Child Care Investment Act''.
SEC. 11302. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE
PROVIDERS.
(a) In General.--Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following:
``(10) Nonprofit child care providers.--
``(A) Definition.--In this paragraph, the term `covered nonprofit child care provider' means an organization--
``(i) that--
``(I) is in compliance with licensing requirements for child care providers of the State in which the organization is located;
``(II) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code;
``(III) is primarily engaged in providing child care for children from birth to compulsory school age; and
``(IV) is in compliance with the size standards established under this subsection for business concerns in the applicable industry;
``(ii) for which each employee and regular volunteer complies with the criminal background check requirements under section 658H(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(b));
``(iii) that may--
``(I) provide care for school-age children outside of school hours or outside of the school year; or
``(II) offer preschool or prekindergarten educational programs; and
``(iv) subject to any exemption under Federal law applicable to the organization, that certifies to the Administrator that the organization will not discriminate in any business practice, including providing services to the public, on the basis of race, color, religion, sex, sexual orientation, marital status, age, disability, or national origin.
``(B) Eligibility for certain loan programs.--
``(i) In general.--Notwithstanding any other provision of this subsection, a covered nonprofit child care provider shall be deemed to be a small business concern for purposes of loans under section 7(a) of this Act or financing under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.).
``(ii) Loan guarantee.--A covered nonprofit child care center provider--
``(I) shall obtain a guarantee of timely payment of the loan or financing from another person or entity to be eligible for a loan or financing of more than $500,000 under the authority under clause (i); and
``(II) shall not be required to obtain a guarantee of timely payment of the loan or financing to be eligible for a loan or financing that is not more than $500,000 under the authority under clause (i).
``(C) Limitation on basis for ineligibility.--The Administrator may not determine that a covered nonprofit child care center provider is not eligible for a loan or financing described in subparagraph (B)(i) on the basis that the proceeds of the loan or financing will be used for a religious activity protected under the First Amendment to the Constitution of the United States, as interpreted by the courts of the United States.''.
(b) Reporting.--
(1) Definition.--In this subsection, the term ``covered nonprofit child care provider'' has the meaning given the term in paragraph (10) of section 3(a) of the Small Business Act (15 U.S.C. 632(a)), as added by subsection (a).
(2) Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report that contains--
(A) for the year covered by the report--
(i) the number of loans made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and the number of financings provided under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) to covered nonprofit child care providers; and
(ii) the amount of such loans made and the amount of such financings provided to covered nonprofit child care providers; and
(B) any other information determined relevant by the Administrator.
TITLE LXXII--SUPPORTING SMALL BUSINESS AND CAREER AND TECHNICAL
EDUCATION ACT OF 2023
SEC. 11401. SHORT TITLE.
This title may be cited as the ``Supporting Small Business and Career and Technical Education Act of 2023''.
SEC. 11402. INCLUSION OF CAREER AND TECHNICAL EDUCATION.
(a) Definition.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:
``(gg) Career and Technical Education.--The term `career and technical education' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).''.
(b) Small Business Development Centers.--Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended--
(1) in subparagraph (T), by striking ``and'' at the end;
(2) in clause (v) of the first subparagraph (U) (relating to succession planning), by striking the period at the end and inserting a semicolon;
(3) by redesignating the second subparagraph (U) (relating to training on domestic and international intellectual property protections) as subparagraph (V);
(4) in subparagraph (V)(ii)(II), as so redesignated, by striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
``(W) assisting small business concerns in hiring graduates from career and technical education programs or programs of study; and
``(X) assisting graduates of career and technical education programs or programs of study in starting up a small business concern.''.
(c) Women's Business Centers.--Section 29(b) of the Small Business Act (15 U.S.C. 656(b)) 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 a semicolon; and
(3) by adding at the end the following:
``(4) assistance for small business concerns to hire graduates from career and technical education programs or programs of study; and
``(5) assistance for graduates of career and technical education programs or programs of study to start up a small business concern.''.
TITLE LXXIII--SMALL BUSINESS DISASTER DAMAGE FAIRNESS ACT OF 2023
SEC. 11501. SHORT TITLE.
This title may be cited as the ``Small Business Disaster Damage Fairness Act of 2023''.
SEC. 11502. COLLATERAL REQUIREMENTS FOR DISASTER LOANS.
Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is amended, in the third proviso--
(1) by striking ``$14,000'' and inserting ``$25,000''; and
(2) by striking ``major disaster'' and inserting
``disaster''.
SEC. 11503. GAO REPORT ON DEFAULT RATES.
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance, including the default rate, of loans made under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)), and the impact of the amendments to collateral amounts made under section 11502 on the performance of those loans, during the period--
(1) beginning on September 30, 2020; and
(2) ending on the date on that is 2 years after the date of enactment of this Act.
TITLE LXXIV--NATIVE AMERICAN ENTREPRENEURIAL AND OPPORTUNITY ACT OF
2023
SEC. 11601. SHORT TITLE.
This title may be cited as the ``Native American Entrepreneurial and Opportunity Act of 2023''.
SEC. 11602. OFFICE OF NATIVE AMERICAN AFFAIRS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 (15 U.S.C. 631 note) as section 50; and
(2) by inserting after section 48 (15 U.S.C. 657u) the following:
``SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS.
``(a) Definitions.--In this section:
``(1) Associate administrator.--The term `Associate Administrator' means the Associate Administrator for Native American Affairs appointed under subsection (c).
``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 8(a)(13).
``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15).
``(4) Office.--The term `Office' means the Office of Native American Affairs described in this section.
``(b) Establishment.--
``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country.
``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1).
``(3) Alternative work sites.--
``(A) In general.--The Office may establish alternative work sites within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office.
``(B) Prohibition.--The alternative work sites established under subparagraph (A) shall not be field offices of the Administration.
``(c) Associate Administrator.--The Office shall be headed by an Associate Administrator for Native American Affairs, who shall--
``(1) be appointed by and report to the Administrator;
``(2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans;
``(3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups;
``(4) administer and manage Native American outreach expansion;
``(5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs;
``(6) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to--
``(A) deploy training, counseling, workshops, educational outreach, and supplier events; and
``(B) access the entrepreneurial, capital, and contracting programs of the Administration;
``(7) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and
``(8) recommend annual budgets for the Office.
``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office such sums as may be necessary for each of fiscal years 2024 through 2028 to carry out this section.''.
TITLE LXXV--RESEARCH ADVANCING TO MARKET PRODUCTION FOR INNOVATORS ACT
SEC. 11701. SHORT TITLE.
This title may be cited as the ``Research Advancing to Market Production for Innovators Act''.
SEC. 11702. IMPROVEMENTS TO COMMERCIALIZATION SELECTION.
(a) In General.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
(1) in subsection (g)--
(A) in paragraph (4)(B)(i), by striking ``1 year'' and inserting ``180 days'';
(B) in paragraph (16), by striking ``and'' at the end;
(C) in paragraph (17), by striking the period at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(18) with respect to peer review carried out under the SBIR program, to the extent practicable, include in the peer review--
``(A) the likelihood of commercialization in addition to scientific and technical merit and feasibility; and
``(B) not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization.'';
(2) in subsection (o)--
(A) in paragraph (4)(B)(i), by striking ``1 year'' and inserting ``180 days'';
(B) in paragraph (20), by striking ``and'' at the end;
(C) in paragraph (21), by striking the period at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(22) with respect to peer review carried out under the STTR program, to the extent practicable, include in the peer review--
``(A) the likelihood of commercialization in addition to scientific and technical merit and feasibility; and
``(B) not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization.'';
(3) in subsection (cc)--
(A) by striking ``During fiscal years 2012 through 2025, the National Institutes of Health, the Department of Defense, and the Department of Education'' and inserting the following:
``(1) In general.--During fiscal years 2024 and 2025, each Federal agency with an SBIR or STTR program''; and
(B) by adding at the end the following:
``(2) Limitation.--The total value of awards provided by a Federal agency under this subsection in a fiscal year shall be--
``(A) except as provided in subparagraph (B), not more than 10 percent of the total funds allocated to the SBIR and STTR programs of the Federal agency during that fiscal year; and
``(B) with respect to the National Institutes of Health, not more than 15 percent of the total funds allocated to the SBIR and STTR programs of the National Institutes of Health during that fiscal year.
``(3) Extension.--During fiscal year 2025, each Federal agency with an SBIR or STTR program may continue phase flexibility as described in this subsection only if the reports required under subsection (tt)(1) have been submitted to the appropriate committees.'';
(4) in subsection (hh)(2)(A)(i), by striking ``simplified and standardized procedures and model contracts'' and inserting ``a simplified and standardized application process and requirements, procedures, and model contracts''; and
(5) by adding at the end the following:
``(yy) Technology Commercialization Official.--Each Federal agency participating in the SBIR or STTR program shall designate a Technology Commercialization Official in the Federal agency, who shall--
``(1) have sufficient commercialization experience;
``(2) provide assistance to SBIR and STTR program awardees in commercializing and transitioning technologies;
``(3) identify SBIR and STTR program technologies with sufficient technology and commercialization readiness to advance to Phase III awards or other non-SBIR or STTR program contracts;
``(4) coordinate with the Technology Commercialization Officials of other Federal agencies to identify additional markets and commercialization pathways for promising SBIR and STTR program technologies;
``(5) submit to the Administration an annual report on the number of technologies from the SBIR or STTR program that have advanced commercialization activities, including information required in the commercialization impact assessment under subsection (aaa);
``(6) submit to the Administration an annual report on actions taken by the Federal agency, and the results of those actions, to simplify, standardize, and expedite the application process and requirements, procedures, and contracts as required under subsection (hh) and described in subsection (aaa)(1)(E); and
``(7) carry out such other duties as the Federal agency determines necessary.''.
(b) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report summarizing the metrics relating to and an evaluation of the authority provided under section 9(cc) of the Small Business Act (15 U.S.C. 638(cc)), as amended by subsection (a), which shall include the size and location of the small business concerns receiving awards under the SBIR or STTR program.
SEC. 11703. IMPROVEMENTS TO TECHNICAL AND BUSINESS
ASSISTANCE; COMMERCIALIZATION IMPACT
ASSESSMENT; PATENT ASSISTANCE.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this title, is amended--
(1) in subsection (q)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by striking ``may enter into an agreement with 1 or more vendors selected under paragraph (2)(A) to provide small business concerns engaged in SBIR or STTR projects with technical and business assistance services'' and inserting
``shall authorize recipients of awards under the SBIR or STTR program to select, if desired, technical and business assistance provided under subparagraph (A), (B), or (C) of paragraph (2) with respect to SBIR or STTR projects'';
(ii) by inserting ``cybersecurity assistance,'' after
``intellectual property protections,''; and
(iii) by striking ``such concerns'' and inserting ``such recipients'';
(B) in paragraph (2), by adding at the end the following:
``(C) Staff.--A small business concern may, by contract or otherwise, use funding provided under this section to hire new staff, augment staff, or direct staff to conduct or participate in training activities consistent with the goals listed in paragraph (1).'';
(C) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following:
``(A) Phase i.--A Federal agency described in paragraph (1) shall authorize a recipient of a Phase I SBIR or STTR award to utilize not more than $6,500 per project, included as part of the award of the recipient or in addition to the amount of the award of the recipient as determined appropriate by the head of the Federal agency, for the services described in paragraph (1)--
``(i) provided through a vendor selected under paragraph
(2)(A);
``(ii) provided through a vendor other than a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities described in paragraph (2)(C); or
``(iv) provided or achieved through any combination of clauses (i), (ii), and (iii).
``(B) Phase ii.--A Federal agency described in paragraph
(1) shall authorize a recipient of a Phase II SBIR or STTR award to utilize not more than $50,000 per project, included as part of the award of the recipient or in addition to the amount of the award of the recipient as determined appropriate by the head of the Federal agency, for the services described in paragraph (1)--
``(i) provided through a vendor selected under paragraph
(2)(A);
``(ii) provided through a vendor other than a vendor selected under paragraph (2)(A);
``(iii) achieved through the activities described in paragraph (2)(C); or
``(iv) provided or achieved through any combination of clauses (i), (ii), and (iii).''; and
(D) by adding at the end the following:
``(5) Targeted review.--A Federal agency may perform targeted reviews of technical and business assistance funding as described in subsection (mm)(1)(F).''; and
(2) by adding at the end the following:
``(zz) I-Corps Participation.--
``(1) In general.--Each Federal agency that is required to conduct an SBIR or STTR program with an Innovation Corps
(commonly known as `I-Corps') program shall--
``(A) provide an option for participation in an I-Corps teams course by recipients of an award under the SBIR or STTR program; and
``(B) authorize the recipients described in subparagraph
(A) to use an award provided under subsection (q) to provide additional technical assistance for participation in the I- Corps teams course.
``(2) Cost of participation.--The cost of participation by a recipient described in paragraph (1)(A) in an I-Corps course may be provided by--
``(A) an I-Corps team grant;
``(B) funds awarded to the recipient under subsection (q);
``(C) the participating teams or other sources as appropriate; or
``(D) any combination of sources described in subparagraphs
(A), (B), and (C).
``(aaa) Commercialization Impact Assessment.--
``(1) In general.--The Administrator shall coordinate with each Federal agency with an SBIR or STTR program to develop an annual commercialization impact assessment report of the Federal agency, which shall measure, for the 5-year period preceding the report (except with respect to subparagraph
(A)(x))--
``(A) for Phase II contracts--
``(i) the total amount of sales of new products and services to the Federal Government or other commercial markets;
``(ii) the total outside investment from partnerships, joint ventures, or other private sector funding sources;
``(iii) the total number of technologies licensed to other companies;
``(iv) the total number of acquisitions of small business concerns participating in the SBIR program or the STTR program that are acquired by other entities;
``(v) the total number of new spin-out companies;
``(vi) the total outside investment from venture capital or angel investments;
``(vii) the total number of patent applications;
``(viii) the total number of patents acquired;
``(ix) the year of first Phase I award and the total number of employees at time of first Phase I award;
``(x) the total number of employees, as of October 1 of the year preceding the year in which the report is submitted; and
``(xi) the percent of revenue, as of the date of the report, generated through SBIR or STTR program funding;
``(B) the total number and value of subsequent Phase II awards, as described in subsection (bb), awarded for each particular project or technology;
``(C) the total number and value of Phase III awards awarded subsequent to a Phase II award;
``(D) the total number and value of non-SBIR and STTR program Federal awards and contracts; and
``(E) actions taken by the Federal agency, and the results of those actions, relating to developing a simplified and standardized application process and requirements, procedures, and model contracts throughout the Federal agency for Phase I, Phase II, and Phase III SBIR program awards in subsection (hh).
``(2) Reporting by certain concerns.--For each fiscal year, each small business concern that has received more than 50 Phase II awards on or after October 1 of the ninth fiscal year before that fiscal year shall report to the Administration--
``(A) the rate of transition of the small business concern to Federal contracts outside of the SBIR and STTR program; and
``(B) the gross revenue of the small business concern and the amount of gross revenue derived from SBIR and STTR Phase I and Phase II awards.
``(3) Publication.--A commercialization impact assessment report described in paragraph (1) of a Federal agency shall be--
``(A) included in the annual report of the Federal agency required under this section; and
``(B) published on the website of the Administration.
``(bbb) Patent Assistance.--
``(1) Definitions.--In this subsection--
``(A) the term `Director' means the Under Secretary of Commerce for Intellectual Property and Director of the USPTO; and
``(B) the term `USPTO' means the United States Patent and Trademark Office.
``(2) Assistance.--
``(A) In general.--The Administrator shall enter into an interagency agreement with the Director under which the Director shall assist recipients of an award under the SBIR or STTR program (in this paragraph referred to as `SBIR and STTR recipients') relating to intellectual property protection by establishing a prioritized patent examination program for SBIR and STTR recipients.
``(B) Program details.--The program established by the Director under subparagraph (A) shall have the following characteristics:
``(i) The program shall incorporate all existing (as of the date on which the Director establishes the program) benefits under the procedures for prioritized examination described in section 11(h) of the Leahy-Smith America Invents Act (35 U.S.C. 41 note).
``(ii) Under the program, with respect to prioritized examination, an SBIR or STTR recipient shall not be required to pay any prioritized examination fee or processing fee otherwise required under section 11(h) of the Leahy-Smith America Invents Act (35 U.S.C. 41 note).
``(iii) Under the program, the Director shall ensure that, of the total number of requests for prioritized examination accepted by the USPTO in a fiscal year, the greater of the following shall be reserved for prioritized examinations for SBIR and STTR recipients:
``(I) 5 percent of the total number of such requests that may be accepted during that fiscal year.
``(II) 500 requests for prioritized examination.
``(iv) Under the program, the Director may not grant more than 2 prioritized examination requests to any individual recipient.
``(v) Under the program, the Director may increase the number of requests for prioritized examination that may be accepted in any fiscal year (as described in section 1.102(e) of title 37, Code of Federal Regulations, or any successor regulation) by the number determined under clause (iii) for that fiscal year.
``(C) Rules.--The Director shall issue rules to carry out the prioritized patent examination program established under this paragraph.
``(3) Outreach.--The Administrator shall coordinate with the Director to provide outreach regarding the Pro Se Assistance Program of, and scam prevention services provided by, the USPTO.''.
TITLE LXXVI--SUPPORTING COMMUNITY LENDERS ACT
SEC. 11801. SHORT TITLE.
This title may be cited as the ``Supporting Community Lenders Act''.
SEC. 11802. COORDINATOR FOR COMMUNITY FINANCIAL INSTITUTIONS.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following:
``(o) Coordinator for Community Financial Institutions.--
``(1) Definitions.--In this subsection--
``(A) the term `Associate Administrator' means the Associate Administrator of the Office of Capital Access of the Administration;
``(B) the term `community financial institution' has the meaning given the term in paragraph (36); and
``(C) the term `Coordinator' means the Coordinator for Community Financial Institutions.
``(2) Establishment.--There is established within the Office of Capital Access of the Administration the position of Coordinator for Community Financial Institutions, the occupant of which shall be responsible for the planning, coordination, implementation, evaluation, and improvement of the efforts of the Administrator to enhance the performance of community financial institutions and support access to capital for small business concerns.
``(3) Coordinator.--
``(A) In general.--Not later than 180 days after the date of enactment of the Supporting Community Lenders Act, the Administrator shall designate an individual to serve as Coordinator, who shall--
``(i) report to the Associate Administrator; and
``(ii) have knowledge of community financial institutions and experience providing access to capital to small business concerns in underserved communities.
``(B) Duties.--The Coordinator shall--
``(i) create and implement strategies and programs that support the activities, development, and growth of community financial institutions;
``(ii) administer and manage outreach, technical support, and training programs to existing, and potential, community financial institutions;
``(iii) establish partnerships within the Administration and with relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, the Department of Agriculture, and the Minority Business Development Agency, to advance the goal of supporting the economic success of small business concerns through community financial institutions;
``(iv) review the effectiveness and impact of community financial institutions;
``(v) when appropriate, advocate on behalf of community financial institutions within the Administration, and to outside organizations, including other relevant Federal agencies;
``(vi) hold public meetings with relevant stakeholders not less frequently than once every 6 months beginning 1 year after the date of enactment of the Supporting Community Lenders Act; and
``(vii) not later than 3 years after the date of enactment of the Supporting Community Lenders Act, and not less frequently than once every 3 years thereafter, submit to Congress a report on the major activities of the Coordinator, recommendations for congressional action based on the expertise of the Coordinator, and potential for growth within the areas in which the Coordinator operates.
``(C) Consultation.--In carrying out the duties under this paragraph, the Coordinator shall consult with--
``(i) district offices of the Administration; and
``(ii) other relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, and the Minority Business Development Agency.''.
SEC. 11803. OFFICE OF ADVOCACY EMPLOYEE ELIGIBILITY FOR
FAMILY AND MEDICAL LEAVE.
The Chief Counsel for Advocacy of the Administration shall immediately notify the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives if, at any point, an employee, including a contracted employee, of the Office of Advocacy who has been employed at the Office of Advocacy for more than 1 year is not eligible for paid leave under subchapter V of chapter 63 of title 5, United States Code.
TITLE LXXVII--SBIC ADVISORY COMMITTEE ACT OF 2023
SEC. 11901. SHORT TITLE.
This title may be cited as the ``SBIC Advisory Committee Act of 2023''.
SEC. 11902. SBIC ADVISORY COMMITTEE.
(a) Definitions.--In this section--
(1) the term ``Advisory Committee'' means the SBIC Advisory Committee established under subsection (b);
(2) the term ``covered Members'' means the Chair and Ranking Member of--
(A) the Committee on Small Business and Entrepreneurship of the Senate; and
(B) the Committee on Small Business of the House of Representatives;
(3) the terms ``licensee'', ``small business investment company'', and ``underlicensed State'' have the meanings given those terms in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662);
(4) the term ``low-income community'' has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986;
(5) the term ``rural area'' has the meaning given the term by the Bureau of the Census;
(6) the terms ``small business concern owned and controlled by veterans'' and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632);
(7) the term ``socially or economically disadvantaged individual'' means a socially disadvantaged individual or economically disadvantaged individual, as described in paragraphs (5) and (6)(A), respectively, of section 8(a) of the Small Business Act (15 U.S.C. 637(a));
(8) the term ``underfinanced State'' means a State that has below median financing, as determined by the Administrator; and
(9) the term ``underserved community'' means--
(A) a HUBZone, as defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b));
(B) a community that has been designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986;
(C) a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; or
(D) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986.
(b) Establishment.--The Administrator shall establish an SBIC Advisory Committee to convene outside experts to advise on the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.).
(c) Composition.--
(1) Membership.--The Advisory Committee shall be composed of 16 members appointed by the Administrator as follows:
(A) The Associate Administrator of the Office of Investment and Innovation of the Administration, or another designee of the Associate Administrator, as determined by the Administrator.
(B) 7 members with competence regarding, interest in, or knowledge of the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), of whom--
(i) not fewer than 3 shall have a demonstrated record of expertise in investing in--
(I) low-income communities;
(II) communities that have been designated as qualified opportunity zones under section 1400Z-1 of the Internal Revenue Code of 1986;
(III) businesses primarily engaged in research and development;
(IV) manufacturers;
(V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the licensee;
(VI) rural areas; or
(VII) underfinanced States; and
(ii) not less than 1 shall be a representative from a trade association for the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.).
(C) 8 members appointed by the Administrator as follows:
(i) 2 members shall be selected from among the individuals in the list submitted by the Chair of the Committee on Small Business and Entrepreneurship of the Senate under paragraph
(2).
(ii) 2 members shall be selected from among the individuals in the list submitted by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate under paragraph (2).
(iii) 2 members shall be selected from among the individuals in the list submitted by the Chair of the Committee on Small Business of the House of Representatives under paragraph (2).
(iv) 2 members shall be selected from among the individuals in the list submitted by the Ranking Member of the Committee on Small Business of the House of Representatives under paragraph (2).
(2) Recommendations.--Not later than 30 days after the date of enactment of this Act, each of the covered Members shall provide to the Administrator a list of 3 candidates for membership on the Advisory Committee, who shall be individuals who have no conflict of interest in the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) and hold a high-ranking position or senior leadership role in--
(A) a relevant industry trade association;
(B) the investment industry with expertise in pensions, endowments, and other non-banking institutions;
(C) academia with expertise in the investment industry; or
(D) a nonprofit institution, including a nonprofit institution that serves any of the entities described in subclauses (I) through (VII) of paragraph (1)(B)(i).
(3) Private sector members.--Not fewer than 2 and not more than 4 of the members of the Advisory Committee shall be investors in the private sector who--
(A) invest in small business concerns; and
(B) as of the date of appointment, do not participate in the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.).
(4) Chairperson.--The Chairperson of the Advisory Committee shall be the member of the Advisory Committee appointed under paragraph (1)(A).
(5) Period of appointment.--Members of the Advisory Committee shall be appointed for the life of the Advisory Committee.
(6) Vacancies.--Any vacancy in the Advisory Committee shall be filled in the same manner as the original appointment.
(d) Deadline for Appointment.--Not later than 60 days after the date on which the covered Members provide the lists to the Administrator under subsection (c)(2), the Administrator shall--
(1) appoint the members of the Advisory Committee; and
(2) submit to Congress a list of the members so appointed.
(e) Duties.--The Advisory Committee shall provide advice and recommendations to the Administrator concerning--
(1) policy and program development and other matters of significance concerning activities under the Small Business Act (15 U.S.C. 631 et seq.) and the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.), including diversifying management teams or companies;
(2) incentives for small business investment companies to--
(A) invest and locate in underlicensed States and underfinanced States; and
(B) invest in small business concerns, including small business concerns owned and controlled by socially or economically disadvantaged individuals, small business concerns owned and controlled by veterans, and small business concerns owned and controlled by women;
(3) metrics of success, and benchmarks for success, with respect to the goals described in this section; and
(4) the impact of the small business investment program under title III of the Small Business Investment Act of 1958
(15 U.S.C. 681 et seq.) on the private investment market, including whether investments under the program compete with the private sector.
(f) Report.--Not later than 18 months after the date on which the Administrator establishes the Advisory Committee under subsection (b), the Advisory Committee shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report that includes the recommendations of the Advisory Committee described in subsection (e).
(g) Termination.--The Advisory Committee shall terminate on the date on which the Advisory Committee submits the report required under subsection (f).
______
SA 1061. Ms. KLOBUCHAR (for herself, Mr. Cramer, Mr. Carper, and Mr. Daines) submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. CREDIT MONITORING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(1) in section 605A(k) (15 U.S.C. 1681c-1(k)) is amended--
(A) by amending paragraph (1) to read as follows:
``(1) Definitions.--In this subsection:
``(A) Uniformed services.--The term `uniformed services' has the meaning given the term in section 101(a) of title 10, United States Code.
``(B) Uniformed services member consumer.--The term
`uniformed services member consumer' means a consumer who, regardless of duty status, is--
``(i) a member of the uniformed services; or
``(ii) a spouse, or a dependent who is not less than 18 years old, of a member of the uniformed services.''; and
(B) in paragraph (2)(A), by striking ``active duty military consumer'' and inserting ``uniformed services member consumer''; and
(2) in section 625(b)(1)(K) (15 U.S.C. 1681t(b)(1)(K)), by striking ``active duty military consumers'' and inserting
``uniformed services member consumer''.
(b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 1 year after the date on which the agency described in section 605A(k)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681c-1(k)) issues a final rule that updates existing rules to implement the amendments made by subsection (a).
______
SA 1062. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION I--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-
DETERMINATION REAUTHORIZATION ACT OF 2023
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Native American Housing Assistance and Self-Determination Reauthorization Act of 2023''.
SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW
REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection
(c)--
``(A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and
``(B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review.
``(B) Remedies and sanctions.--Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with--
``(i) the regulations issued pursuant to section 106; or
``(ii) such regulations as are issued by the other head.
``(C) Statutory violation waivers.--If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph
(1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency.''.
SEC. 11003. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first sentence, by striking ``2009 through 2013'' and inserting ``2024 through 2034''.
SEC. 11004. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting ``including college housing assistance'' after ``self-sufficiency and other services,''.
SEC. 11005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR
OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED
HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by inserting ``owned or operated by a recipient and'' after ``residing in a dwelling unit''.
SEC. 11006. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND
SERVICES.
Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking ``$5,000'' and inserting ``$10,000''.
SEC. 11007. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME
REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the end; and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease- purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting the following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home.''.
SEC. 11008. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the end the following:
``(c) Notice of Termination.--The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act.''.
SEC. 11009. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Native American Housing Assistance and Self- Determination Act of 1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 11010. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN
EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking ``may take an action described in paragraph (1)(C)'' and inserting ``may immediately take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action.
``(ii) Notice requirements.--The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice.
``(iii) Hearing requirements.--A hearing requested under clause (ii) shall be conducted--
``(I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and
``(II) to the maximum extent practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective.''.
SEC. 11011. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and inserting ``Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a) shall be made publicly available, including to recipients.''.
SEC. 11012. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and inserting ``99 years''.
SEC. 11013. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE
HOUSING ACTIVITIES.
Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
(1) by striking ``The Director'' and inserting the following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act.''.
SEC. 11014. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
PROVISIONS.
Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by striking ``such sums as may be necessary'' and all that follows through the period at the end and inserting ``such sums as may be necessary for each of fiscal years 2024 through 2034.''.
SEC. 11015. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities.
SEC. 11016. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND
SPECIAL ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Indian Tribes and Tribally Designated Housing Entities as Community-based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally designated housing entity' has the meaning given the term in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1).
``(j) Special Activities by Indian Tribes.--An Indian tribe receiving a grant under paragraph (1) of section 106(a)(1) shall be authorized to directly carry out activities described in paragraph (15) of such section 106(a)(1).''.
SEC. 11017. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING
COUNSELING GRANTS.
Section 106(a)(4) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``and'' and inserting a comma; and
(B) by inserting before the period at the end the following: ``, Indian tribes, and tribally designated housing entities'';
(2) in subparagraph (B), by inserting ``, Indian tribes, and tribally designated housing entities'' after
``organizations)'';
(3) by redesignating subparagraph (F) as subparagraph (G); and
(4) by inserting after subparagraph (E) the following:
``(F) Definitions.--In this paragraph, the terms `Indian tribe' and `tribally designated housing entity' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).''.
SEC. 11018. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority.--To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land.''; and
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;
(ii) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so designated, by adding at the end the following:
``(v) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and
(iv) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default.
``(II) Fraud or misrepresentation.--If fraud or material misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section.
``(ii) Requirements.--In conducting a review under clause
(i), the Secretary--
``(I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee;
``(II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and
``(I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)--
``(aa) based on a comparison of any of the factors set forth in this subparagraph; or
``(bb) by a determination that the mortgagee engaged in fraud or misrepresentation.''; and
(C) in paragraph (5)(A), by inserting before the semicolon at the end the following: ``except, as determined by the Secretary, when there is a loan modification under subsection
(h)(1)(B), the term of the loan shall not exceed 40 years''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2034.''; and
(2) in subparagraph (C), by striking ``2008 through 2012'' and inserting ``2024 through 2034''.
SEC. 11019. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) by redesignating clause (iv) as clause (v); and
(II) by adding after clause (iii) the following:
``(iv) Any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and
(ii) by adding at the end the following:
``(C) Indemnification.--
``(i) In general.--If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this section was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this section to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default.
``(ii) Direct guarantee endorsement.--The Secretary may, dependent on the availability of systems development and staffing resources, delegate to eligible lenders the authority to directly endorse loans under this section.
``(iii) Fraud or misrepresentation.--If fraud or material misrepresentation was involved in the direct guarantee endorsement process by a lender under this section, the Secretary shall require the approved direct guarantee endorsement lender to indemnify the Secretary for any loss or potential loss, regardless of whether the fraud or misrepresentation caused or may cause the loan default.
``(iv) Implementation.--The Secretary may implement any requirements described in this subparagraph by regulation, notice, or Dear Lender Letter.''.
(C) in paragraph (5)(A), by inserting before the semicolon at the end the following: ``except, as determined by the Secretary, when there is a loan modification under subsection
(i)(1)(B), the term of the loan shall not exceed 40 years'';
(3) in subsection (d)--
(A) in paragraph (1), by adding at the end the following:
``(C) Exception.--When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and
(B) of this paragraph shall not apply.'';
(B) by amending paragraph (2) to read as follows:
``(2) Standard for approval.--
``(A) Approval.--The Secretary may approve a loan for guarantee under this section and issue a certificate under this subsection only if the Secretary determines that there is a reasonable prospect of repayment of the loan.
``(B) Exceptions.--When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement lender may issue a certificate under this paragraph as evidence of the guarantee in accordance with requirements prescribed by the Secretary.''; and
(C) in paragraph (3)(A), by inserting ``or, where applicable, the direct guarantee endorsement lender,'' after
``Secretary'' and
(4) in subsection (j)(5)(B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2034.''.
SEC. 11020. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime'' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.
(b) Establishment.--The Secretary may make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug- related and violent crime.
(c) Eligible Activities.--Grants under this section may be used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services;
(3) physical improvements which are specifically designed to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any administrative or judicial proceeding;
(5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), including drug-abuse prevention, intervention, referral, and treatment programs;
(7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and
(9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and
(B) such additional information as the Secretary may reasonably require.
(2) Criteria.--The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as--
(A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance;
(B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years;
(C) the capability of the applicant to carry out the plan; and
(D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of--
(A) the methodology used to distribute amounts made available under this section; and
(B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs.
(B) Description.--Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include--
(A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph
(2);
(B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and
(C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal years 2024 through 2034 to carry out this section.
SEC. 11021. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN
VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(E) Indian veterans housing rental assistance program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The term `eligible Indian veteran' means an Indian veteran who is--
``(aa) homeless or at risk of homelessness; and
``(bb) living--
``(AA) on or near a reservation; or
``(BB) in or near any other Indian area.
``(II) Eligible recipient.--The term `eligible recipient' means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).
``(III) Indian; indian area.--The terms `Indian' and
`Indian area' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103).
``(IV) Indian veteran.--The term `Indian veteran' means an Indian who is a veteran.
``(V) Program.--The term `Program' means the Tribal HUD- VASH program carried out under clause (ii).
``(VI) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
``(ii) Program specifications.--The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the
`Tribal HUD-VASH program', in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing and urban development.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
``(bb) Secretary of veterans affairs.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
``(iv) Eligible recipients.--The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients.
``(v) Funding criteria.--The Secretary shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall--
``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and
``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal organizations.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program.
``(II) Indian health service.--The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program.
``(viii) Waiver.--
``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans.
``(II) Exception.--The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made available for tenant- based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and
``(II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall--
``(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and
``(bb) submit a report describing the results of the review under item (aa) to--
``(AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and
``(BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.
``(II) Analysis of housing stock limitation.--The Secretary shall include in the initial report submitted under subclause
(I) a description of--
``(aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program;
``(bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and
``(cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.''.
SEC. 11022. CONTINUUM OF CARE.
(a) Definitions.--In this section--
(1) the terms ``collaborative applicant'' and ``eligible entity'' have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360); and
(2) the terms ``Indian tribe'' and ``tribally designated housing entity'' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103).
(b) Nonapplication of Civil Rights Laws.--With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading ``Homeless Assistance Grants'' in the Department of Housing and Urban Development Appropriations Act, 2021
(Public Law 116-260) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications by or awards for projects to be carried out--
(1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to eligible entities.
(c) Certification.--With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading ``Homeless Assistance Grants'' under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a)--
(1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and
(3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)).
SEC. 11023. LEVERAGING.
All funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal housing program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accordance with that Act.
______
SA 1063. Ms. SINEMA submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X of division A, add the following:
Subtitle H--Combating Cartels on Social Media Act of 2023
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Combating Cartels on Social Media Act of 2023''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives.
(2) Covered operator.--The term ``covered operator'' means the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093; and
(C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093.
(4) Criminal enterprise.--The term ``criminal enterprise'' has the meaning given the term ``continuing criminal enterprise'' in section 408 of the Controlled Substances Act
(21 U.S.C. 848).
(5) Illicit activities.--The term ``illicit activities'' means the following criminal activities that transcend national borders:
(A) A violation of section 401 of the Controlled Substances Act (21 U.S.C. 841).
(B) Narcotics trafficking, as defined in section 808 of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).
(C) Trafficking of weapons, as defined in section 922 of title 18, United States Code.
(D) Migrant smuggling, defined as a violation of section 274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(ii)).
(E) Human trafficking, defined as--
(i) a violation of section 1590, 1591, or 1592 of title 18, United States Code; or
(ii) engaging in severe forms of trafficking in persons, as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).
(F) Cyber crime, defined as a violation of section 1030 of title 18, United States Code.
(G) A violation of any provision that is subject to intellectual property enforcement, as defined in section 302 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8112).
(H) Bulk cash smuggling of currency, defined as a violation of section 5332 of title 31, United States Code.
(I) Laundering the proceeds of the criminal activities described in subparagraphs (A) through (H).
(6) Transnational criminal organization.--The term
``transnational criminal organization'' means groups, networks, and associated individuals who operate transnationally for the purposes of obtaining power, influence, or monetary or commercial gain, wholly or in part by certain illegal means, while advancing their activities through a pattern of crime, corruption, or violence, and while protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms.
SEC. 1093. ASSESSMENT OF ILLICIT USAGE.
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint assessment describing--
(1) the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to engage in recruitment efforts, including the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States;
(2) the use of covered services by transnational criminal organizations to engage in illicit activities or conduct in support of illicit activities, including--
(A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms;
(B) human smuggling or trafficking, including the exploitation of children; and
(C) transportation of bulk currency or monetary instruments in furtherance of smuggling activity; and
(3) the existing efforts of the Secretary of Homeland Security, the Secretary of State, and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2).
SEC. 1094. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL
MEDIA AND ONLINE PLATFORMS.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a) shall, at a minimum, include the following:
(A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary of Homeland Security, the Secretary of State, and relevant law enforcement entities with respect to the matters described in subsection (a).
(B) Recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations in the United States involving covered services.
(C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department of Homeland Security, the Department of State, and State, Tribal, and local governments.
(D) A proposal to improve coordination within the Department of Homeland Security and the Department of State and between the components of those Departments with respect to the matters described in subsection (a).
(E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment to engage in or provide support with respect to illicit activities.
(F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a).
(G) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities.
(H) A detailed description of the measures used to ensure--
(i) law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations not individuals the transnational criminal organizations attempt to or successfully recruit; and
(ii) the privacy rights, civil rights, and civil liberties protections in carrying out the activities described in clause (i), with a particular focus on the protections in place to protect minors and constitutionally protected activities.
(2) Limitation.--The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a).
(c) Consultation.--In drafting and implementing the strategy required under subsection (a), the Secretary of Homeland Security and the Secretary of State shall, at a minimum, consult and engage with--
(1) the heads of relevant components of the Department of Homeland Security, including--
(A) the Under Secretary for Intelligence and Analysis;
(B) the Under Secretary for Strategy, Policy, and Plans;
(C) the Under Secretary for Science and Technology;
(D) the Commissioner of U.S. Customs and Border Protection;
(E) the Director of U.S. Immigration and Customs Enforcement;
(F) the Officer for Civil Rights and Civil Liberties;
(G) the Privacy Officer; and
(H) the Assistant Secretary of the Office for State and Local Law Enforcement;
(2) the heads of relevant components of the Department of State, including--
(A) the Assistant Secretary for International Narcotics and Law Enforcement Affairs;
(B) the Assistant Secretary for Western Hemisphere Affairs; and
(C) the Coordinator of the Global Engagement Center;
(3) the Attorney General;
(4) the Secretary of Health and Human Services; and
(5) the Secretary of Education; and
(6) as selected by the Secretary of Homeland Security, or his or her designee in the Office of Public Engagement, representatives of border communities, including representatives of--
(A) State, Tribal, and local governments, including school districts and local law enforcement; and
(B) nongovernmental experts in the fields of--
(i) civil rights and civil liberties;
(ii) online privacy;
(iii) humanitarian assistance for migrants; and
(iv) youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary of Homeland Security and the Secretary of State shall commence implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint report describing the efforts of the Secretary of Homeland Security and the Secretary of State to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of--
(i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B);
(ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary of Homeland Security, the Secretary of State, other Federal entities, State, local, and Tribal entities, and foreign governments; and
(iii) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods.
(B) Form.--Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.
(3) Civil rights, civil liberties, and privacy assessment.--Not later than 2 years after the date on which the strategy required under subsection (a) is implemented under paragraph (1), the Office for Civil Rights and Civil Liberties and the Privacy Office of the Department of Homeland Security shall submit to the appropriate congressional committees a joint report that includes--
(A) a detailed assessment of the measures used to ensure the protection of civil rights, civil liberties, and privacy rights in carrying out this section; and
(B) recommendations to improve the implementation of the strategy required under subsection (a).
SEC. 1095. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to expand the statutory law enforcement or regulatory authority of the Department of Homeland Security or the Department of State.
SEC. 1096. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated to carry out this subtitle.
______
SA 1064. Mrs. HYDE-SMITH submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1083. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Section 484C(a) of the Higher Education Act of 1965 (20 U.S.C. 1091c(a)) is amended to read as follows:
``(a) Definition of Service in the Uniformed Services.--In this section, the term `service in the uniformed services' means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve.
______
SA 1065. Mrs. GILLIBRAND (for herself, Mr. Schumer, and Mr. Braun) submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert the following:
SEC. ___. 9/11 RESPONDER AND SURVIVOR HEALTH FUNDING
CORRECTION ACT OF 2023.
(a) Department of Defense, Armed Forces, or Other Federal Worker Responders to the September 11 Attacks at the Pentagon and Shanksville, Pennsylvania.--Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3306 (42 U.S.C. 300mm-5)--
(A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively;
(B) by inserting after paragraph (4) the following:
``(5) The term `Federal agency' means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.''; and
(C) by inserting after paragraph (12), as so redesignated, the following:
``(13) The term `uniformed services' has the meaning given the term in section 101(a) of title 10, United States Code.''; and
(2) in section 3311(a) (42 U.S.C. 300mm-21(a))--
(A) in paragraph (2)(C)(i)--
(i) in subclause (I), by striking ``; or'' and inserting a semicolon;
(ii) in subclause (II), by striking ``; and'' and inserting a semicolon; and
(iii) by adding at the end the following:
``(III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or
``(IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and''; and
(B) in paragraph (4)(A)--
(i) by striking ``(A) In general.--The'' and inserting the following:
``(A) Limit.--
``(i) In general.--The'';
(ii) by inserting ``or subclause (III) or (IV) of paragraph
(2)(C)(i)'' after ``or (2)(A)(ii)''; and
(iii) by adding at the end the following:
``(ii) Certain responders to the september 11 attacks at the pentagon and shanksville, pennsylvania.--The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or
(IV) of paragraph (2)(C)(i) shall not exceed 500 at any time.''.
(b) Additional Funding for the World Trade Center Health Program.--Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended by adding at the end the following:
``SEC. 3353. SPECIAL FUND.
``(a) In General.--There is established a fund to be known as the World Trade Center Health Program Special Fund
(referred to in this section as the `Special Fund'), consisting of amounts deposited into the Special Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)).
``(d) Remaining Amounts.--Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.
``SEC. 3354. PENTAGON/SHANKSVILLE FUND.
``(a) In General.--There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania
(referred to in this section as the `Pentagon/Shanksville Fund'), consisting of amounts deposited into the Pentagon/ Shanksville Fund under subsection (b).
``(b) Amount.--Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033.
``(c) Uses of Funds.--
``(1) In general.--Amounts deposited into the Pentagon/ Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause
(III) or (IV) of section 3311(a)(2)(C)(i).
``(2) Limitation on other funding.--Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1).
``(d) Remaining Amounts.--Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.''.
(c) Conforming Amendments.--Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended--
(1) in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm- 21(a)(4)(B)(i)(II)), by striking ``sections 3351 and 3352'' and inserting ``this title'';
(2) in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm- 31(a)(3)(B)(i)(II)), by striking ``sections 3351 and 3352'' and inserting ``this title'';
(3) in section 3331 (42 U.S.C. 300mm-41)--
(A) in subsection (a), by striking ``the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund'' and inserting ``(as applicable) the Funds established under sections 3351, 3352, 3353, and 3354''; and
(B) in subsection (d)--
(i) in paragraph (1)(A), by inserting ``or the World Trade Center Health Program Special Fund under section 3353'' after
``section 3351'';
(ii) in paragraph (1)(B), by inserting ``or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' after ``section 3352''; and
(iii) in paragraph (2), in the flush text following subparagraph (C), by inserting ``or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' after ``section 3352''; and
(4) in section 3351(b) (42 U.S.C. 300mm-61(b))--
(A) in paragraph (2), by inserting ``, the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' before the period at the end; and
(B) in paragraph (3), by inserting ``, the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354'' before the period at the end.
(d) Ensuring Timely Access to Generics.--Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i), by inserting ``, 10.31,'' after
``10.30'';
(B) in subparagraph (E)--
(i) by striking ``application and'' and inserting
``application or'';
(ii) by striking ``If the Secretary'' and inserting the following:
``(i) In general.--If the Secretary''; and
(iii) by striking the second sentence and inserting the following:
``(ii) Primary purpose of delaying.--
``(I) In general.--In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors:
``(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition.
``(bb) When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition.
``(cc) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions.
``(dd) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved.
``(ee) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition.
``(ff) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time.
``(gg) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug.
``(hh) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay.
``(ii) Other relevant and appropriate factors, which the Secretary shall describe in guidance.
``(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).'';
(C) by striking subparagraph (F);
(D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and
(E) in subparagraph (H), as so redesignated, by striking
``submission of this petition'' and inserting ``submission of this document'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively;
(B) by inserting before subparagraph (C), as so redesignated, the following:
``(A) In general.--A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence.
``(B) Timely submission of citizen petition.--A petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement.'';
(C) in subparagraph (C), as so redesignated--
(i) in the heading, by striking ``within 150 days'';
(ii) in clause (i), by striking ``during the 150-day period referred to in paragraph (1)(F),''; and
(iii) by amending clause (ii) to read as follows:
``(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision.'';
(D) by amending subparagraph (D), as so redesignated, to read as follows:
``(D) Dismissal of certain civil actions.--
``(i) Petition.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph
(A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.
``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition.
``(iii) Final response.--If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.''; and
(E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph
(2)(A)'' and inserting ``within the meaning of subparagraph
(C)''; and
(3) in paragraph (4)--
(A) by striking ``Exceptions'' in the paragraph heading and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does'';
(B) by striking subparagraph (B); and
(C) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and adjusting the margins accordingly.
______
SA 1066. Mr. WHITEHOUSE (for Mr. Cruz) proposed an amendment to the resolution S. Res. 166, honoring the efforts of the Coast Guard for excellence in maritime border security; as follows:
In the third whereas clause, in the matter preceding paragraph (1), strike ``through'' and insert ``executing Coast Guard missions across the world, including the''.
In the third whereas clause, in paragraph (1), strike
``15,000'' and insert ``17,000''.
In the third whereas clause, in paragraph (2), strike
``6,300'' and insert ``6,000 at sea''.
In the third whereas clause, in paragraph (2), strike
``100'' and insert ``90''.
In the third whereas clause, in paragraph (3), strike
``interdicted approximately 12,500 illegal immigrants'' and insert ``conducted approximately 12,500 migrant interdictions''.
In the third whereas clause, in paragraph (3), strike
``150'' and insert ``over 350''.
______
SA 1067. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert the following:
SEC. 10___. NOTIFICATIONS WITH RESPECT TO THE USE OF FACIAL
RECOGNITION TECHNOLOGY IN AIRPORTS.
(a) In General.--The Administrator of the Transportation Security Administration shall, at each airport where the Transportation Security Administration provides the screening of passengers, notify such passengers of the option to refuse to be identified through the use of facial recognition technology or facial matching software in such airport.
(b) Sign Requirements.--
(1) In general.--Not later than 30 days after the date of the enactment of this Act, the Administrator shall use available funds to post at each location specified in paragraph (2)(C) a sign that reads as follows:
``Identification Choices: Passengers have two options for matching their face to their ID. The first option is to hand your ID to the TSA agent who will compare it to your face. The second option is completely voluntary and uses facial recognition software, which will take a photo of you to match your identity with your ID.''.
(2) Sign specifications.--
(A) Accessibility.--A sign posted in accordance with paragraph (1) shall be--
(i) printed in a large, easy to read font; and
(ii) accessible to individuals with visual disabilities.
(B) Printing specifications.--For each sign posted in accordance with paragraph (1), the words ``completely voluntary'' shall be printed in bold type.
(C) Location specification.--For each checkpoint or kiosk of an airport where the Transportation Security Administration screens passengers through the use of facial recognition technology or facial matching software, the locations specified in this subparagraph are the following:
(i) A location that is visible from the security line and is not fewer than 10 feet and not more than 20 feet from the checkpoint or kiosk.
(ii) The checkpoint or kiosk.
(iii) Directly under any camera that is used for facial recognition or facial matching.
______
SA 1068. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION I--SMALL BUSINESS MATTERS
SEC. 11001. DEFINITIONS.
In this division:
(1) Administration.--The term ``Administration'' means the Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the Administrator of the Administration.
(3) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).
TITLE LXIX--COMMUNITY ADVANTAGE LOAN PROGRAM AND SMALL BUSINESS LENDING
COMPANIES
Subtitle A--Community Advantage Loan Program Act of 2023
SEC. 11101. SHORT TITLE.
This subtitle may be cited as the ``Community Advantage Loan Program Act of 2023''.
SEC. 11102. COMMUNITY ADVANTAGE LOAN PROGRAM.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following:
``(38) Community advantage loan program.--
``(A) Purposes.--The purposes of the Community Advantage Loan Program are--
``(i) to create a mission-oriented loan guarantee program;
``(ii) to increase lending to small business concerns in underserved and rural markets, including to new businesses;
``(iii) to ensure that the program under this subsection expands inclusion and more broadly meets congressional intent to reach borrowers who are unable to get credit elsewhere on reasonable terms and conditions;
``(iv) to help underserved small business concerns become bankable by utilizing the small dollar financing and business support experience of mission-oriented lenders;
``(v) to allow certain mission-oriented lenders, primarily financial intermediaries focused on economic development in underserved markets, access to guarantees for loans under this subsection (referred to in this paragraph as `7(a) loans') and provide management and technical assistance to small business concerns as needed; and
``(vi) to assist covered institutions with providing business support services and technical assistance to small business concerns, when needed.
``(B) Definitions.--In this paragraph:
``(i) Community advantage network partner.--The term
`Community Advantage Network Partner'--
``(I) means a nonprofit, mission-oriented organization that acts as a Referral Agent to covered institutions in order to expand the reach of the program to small business concerns in underserved markets; and
``(II) does not include a covered institution making loans under the program.
``(ii) Covered institution.--The term `covered institution' means an entity that--
``(I) is--
``(aa) a development company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), participating in the 504 Loan Guaranty program established under title V of that Act (15 U.S.C. 695 et seq.);
``(bb) a nonprofit intermediary, as defined in subsection
(m)(11), participating in the microloan program under subsection (m);
``(cc) a non-Federally regulated entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(a)); or
``(dd) an eligible intermediary, as defined in subsection
(l)(1), participating in the small business intermediary lending program established under subsection (l)(2); and
``(II) has approved and disbursed 10 similarly sized loans in the preceding 24-month period and is servicing not less than 10 similarly sized loans to small business concerns in the portfolio of the entity.
``(iii) Existing business.--The term `existing business' means a small business concern that has been in existence for not less than 2 years on the date on which a loan is made to the small business concern under the program.
``(iv) New business.--The term `new business' means a small business concern that has been in existence for not more than 2 years on the date on which a loan is made to the small business concern under the program.
``(v) Program.--The term `program' means the Community Advantage Loan Program established under subparagraph (C).
``(vi) Referral agent.--The term `Referral Agent' has the meaning given the term in section 103.1(f) of title 13, Code of Federal Regulations, or any successor regulation.
``(vii) Rural area.--The term `rural area' means any county that the Bureau of the Census has defined as mostly rural or completely rural in the most recent decennial census.
``(viii) Small business concern in an underserved market.-- The term `small business concern in an underserved market' means a small business concern--
``(I) that is located in--
``(aa) a low- to moderate-income community;
``(bb) a HUBZone, as that term is defined in section 31(b);
``(cc) a rural area;
``(dd) a community that has been designated as an empowerment zone or enterprise community under section 1391 of the Internal Revenue Code of 1986;
``(ee) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986; or
``(ff) a community that has been designated as a promise zone by the Secretary of Housing and Urban Development;
``(II) for which more than 50 percent of the employees reside in a low- or moderate-income community;
``(III) that is a new business; or
``(IV) that is owned and controlled by veterans or spouses of veterans.
``(C) Establishment.--There is established a Community Advantage Loan Program under which the Administration may guarantee loans closed by covered institutions under this subsection, with an emphasis on loans made to small business concerns in underserved markets.
``(D) Program levels.--In fiscal year 2024 and each fiscal year thereafter, not more than 10 percent of the number of loans guaranteed under this subsection may be guaranteed under the program.
``(E) Grandfathering of existing lenders.--Any covered institution that was licensed by the Administrator as a Community Advantage small business lending company, or that participated in the Community Advantage Pilot Program of the Administration, during the period beginning on May 1, 2023, and ending on September 30, 2023, and was in good standing during that period, as determined by the Administration--
``(i) shall be designated as participants in the program;
``(ii) shall not be required to submit an application to participate in the program; and
``(iii) for the purpose of determining the loan loss reserve amount of the covered institution, shall have participation in the Community Advantage Pilot Program included in the calculation under subparagraph (J).
``(F) Requirement to make loans to underserved markets.-- Not less than 60 percent of loans closed by a covered institution under the program shall consist of loans made to small business concerns in underserved markets.
``(G) Maximum loan amount; collateral.--
``(i) Maximum loan amount.--
``(I) In general.--Except as provided in subclause (II), the maximum loan amount for a loan guaranteed under the program is $350,000.
``(II) Experienced lenders.--
``(aa) In general.--The Administrator may approve not more than 8 covered institutions (referred to in this subclause as the `experienced lenders'), each of which has not less than 5 years of experience making loans under the Community Advantage Pilot Program of the Administration or the program established under this paragraph, to be eligible to make loans under this subclause.
``(bb) Maximum loan amount.--Subject to item (dd), an experienced lender may make a loan guaranteed under the program in an amount that is not more than $750,000.
``(cc) Participation by the administration.--With respect to an agreement to participate in a loan made under this subclause on a deferred basis, the participation by the Administration shall be--
``(AA) 75 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $350,000;
``(BB) as described in clause (i) of paragraph (2)(G), if the balance of the financing outstanding at the time of the disbursement of the loan is as described in that clause; or
``(CC) as described in clause (ii) of paragraph (2)(G), if the balance of the financing outstanding at the time of the disbursement of the loan is as described in that clause.
``(dd) Requirements to make loans in certain amounts.--Not less than 60 percent of loans closed by each experienced lender under the program shall consist of loans in an amount that is not more than $350,000.
``(ii) Collateral.--
``(I) In general.--A covered institution shall not be required to take collateral with respect to a loan guaranteed under the program if the amount of that loan is not more than
$50,000.
``(II) Policies and procedures of covered institution.--In determining the amount of collateral required with respect to a loan guaranteed under the program, a covered institution may use the collateral policies and procedures of the covered institution with respect to similarly sized commercial loans closed by the covered institution that are not guaranteed by the Administration.
``(H) Interest rates.--The maximum allowable interest rate prescribed by the Administration on any financing made on a deferred basis pursuant to the program shall not exceed the maximum allowable interest rate under sections 120.213 and 120.214 of title 13, Code of Federal Regulations, or any successor regulations.
``(I) Refinancing of community advantage program loans.--A loan guaranteed under the program or guaranteed under the Community Advantage Pilot Program of the Administration may be refinanced into another 7(a) loan made by a lender that does not participate in the program.
``(J) Loan loss reserve requirements.--
``(i) Loan loss reserve account for covered institutions.-- A covered institution--
``(I) with not more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to 5 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program; and
``(II) with more than 5 years of participation in the program shall maintain a loan loss reserve account with an amount equal to the average repurchase rate of the covered institution over the preceding 36-month period, except that such amount shall not be less than 3 percent of the outstanding amount of the unguaranteed portion of the loan portfolio of the covered institution under the program.
``(ii) Additional loan loss reserve amount for selling loans on the secondary market.--In addition to the amount required in the loan loss reserve account under clause (i), a covered institution that sells a program loan on the secondary market shall be required to maintain the following additional amounts in the loan loss reserve account:
``(I) For a covered institution with less than 5 years of experience selling program loans on the secondary market, an amount equal to 3 percent of the guaranteed portion of each program loan sold on the secondary market.
``(II) For a covered institution with more than 5 years of experience selling program loans on the secondary market, an amount equal to the average repurchase rate for loans sold by the covered institution on the secondary market over the preceding 36 months, except that such amount shall be not less than 2 percent of the guaranteed portion of each program loan sold into the secondary market.
``(iii) Recalculation.--On October 1 of each year, the Administrator shall recalculate the loan loss reserve required under clauses (i) and (ii).
``(K) Training.--The Administration--
``(i) shall provide accessible upfront and ongoing training for covered institutions making loans under the program to support program compliance and improve the interface between the covered institutions and the Administration, which shall include--
``(I) guidance for following the regulations of the Administration; and
``(II) guidance specific to mission-oriented lending that is intended to help lenders effectively reach and support small business concerns in underserved markets, including management and technical assistance delivery;
``(ii) may enter into a contract to provide the training described in clause (i) with an organization--
``(I) with expertise in lending under this subsection; and
``(II) primarily specializing in--
``(aa) mission-oriented lending; and
``(bb) lending to small business concerns in underserved markets; and
``(iii) shall provide training for the employees and contractors of the Administration that regularly engage with covered institutions or borrowers under the program.
``(L) Community advantage outreach and education.--The Administrator--
``(i) shall develop and implement a program to promote to, conduct outreach to, and educate prospective covered institutions about the program; and
``(ii) may enter into a contract with 1 or more nonprofit organizations experienced in working with and training mission-oriented lenders to provide the promotion, outreach, and education described in clause (i).
``(M) Community advantage network partner participation.--
``(i) In general.--A covered institution that uses a Community Advantage Network Partner shall abide by policies and procedures of the Administration concerning the use of Referral Agent fees permitted by the Administration and disclosure of those fees.
``(ii) Payment of fees.--Notwithstanding any other provision of law, all fees described in clause (i) shall be paid by the covered institution to the Community Advantage Network Partner upon disbursement of the applicable program loan.
``(N) Delegated authority.--A covered institution is not eligible to receive delegated authority from the Administration under the program until the covered institution has satisfied the following applicable requirements:
``(i) For a covered institution actively participating in the Community Advantage Pilot Program of the Administration, as of the day before the date of enactment of this paragraph--
``(I) the covered institution has approved and fully disbursed not fewer than 10 loans under that Pilot Program; and
``(II) the Administration has evaluated the ability of the covered institution to fulfill program requirements.
``(ii) For any covered institution not described in clause
(i)--
``(I) the covered institution has approved and fully disbursed not fewer than 20 loans under the program; and
``(II) the Administration has evaluated the ability of the covered institution to fulfill program requirements.
``(O) Reporting.--
``(i) Weekly reports.--
``(I) In general.--The Administration shall report on the website of the Administration, as part of the weekly reports on lending approvals under this subsection--
``(aa) on and after the date of enactment of this paragraph, the number and dollar amount of loans guaranteed under the Community Advantage Pilot Program of the Administration; and
``(bb) on and after the date on which the Administration begins to approve loans under the program, the number and dollar amount of loans guaranteed under the program.
``(II) Separate accounting.--The number and dollar amount of loans reported in a weekly report under subclause (I) for loans guaranteed under the Community Advantage Pilot Program of the Administration and under the program shall include a breakdown by the demographic information of the owners of the small business concerns, by whether the small business concern is a new business or an existing business, and by whether the small business concern is located in an urban or rural area, and broken down by--
``(aa) loans of not more than $50,000;
``(bb) loans of more than $50,000 and not more than
$150,000;
``(cc) loans of more than $150,000 and not more than
$250,000;
``(dd) loans of more than $250,000 and not more than
$350,000; and
``(ee) loans of more than $350,000 and not more than
$750,000.
``(ii) Annual reports.--
``(I) In general.--For each fiscal year in which the program is in effect, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, and make publicly available on the internet, information about loans provided under the program and under the Community Advantage Pilot Program of the Administration.
``(II) Contents.--Each report submitted and made publicly available under subclause (I) shall include--
``(aa) the number and dollar amounts of loans provided to small business concerns under the program, including a breakdown by--
``(AA) the demographic information of the owners of the small business concern;
``(BB) whether the small business concern is located in an urban or rural area; and
``(CC) whether the small business concern is an existing business or a new business, as provided in the weekly reports on lending approvals under this subsection;
``(bb) the proportion of loans described in item (aa) compared to--
``(AA) other 7(a) loans of any amount;
``(BB) other 7(a) loans of similar amounts;
``(CC) express loans provided under paragraph (31) of similar amounts; and
``(DD) other 7(a) loans of similar amounts provided to small business concerns in underserved markets;
``(cc) the number and dollar amounts of loans provided to small business concerns under each category described in subitems (AA), (BB), and (CC) of item (aa), which shall be broken down by--
``(AA) loans of not more than $50,000;
``(BB) loans of more than $50,000 and not more than
$150,000;
``(CC) loans of more than $150,000 and not more than
$250,000;
``(DD) loans of more than $250,000 and not more than
$350,000; and
``(EE) loans of more than $350,000 and not more than
$750,000;
``(dd) the number and dollar amounts of loans provided to small business concerns under the program by State, and the jobs created or retained within each State; and
``(ee) a list of covered institutions participating in the program and the Community Advantage Pilot Program of the Administration, including--
``(AA) the name, location, and contact information, such as the website and telephone number, of each covered institution; and
``(BB) a breakdown by the number and dollar amount of the loans approved for small business concerns.
``(III) Timing.--An annual report required under this clause shall--
``(aa) be submitted and made publicly available not later than December 1 of each year; and
``(bb) cover the lending activity for the fiscal year that ended on September 30 of that same year.
``(P) GAO report.--Not later than 5 years after the date of enactment of this paragraph, the Comptroller General of the United States shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report--
``(i) assessing--
``(I) the extent to which the program fulfills the requirements of this paragraph; and
``(II) the performance of covered institutions participating in the program; and
``(ii) providing recommendations on the administration of the program and the findings under subclauses (I) and (II) of clause (i).
``(Q) Regulations.--
``(i) In general.--Not later than 180 days after the date of enactment of this paragraph, the Administrator shall promulgate regulations governing the program, including metrics for lender performance, metrics of success and benchmarks of the program, and criteria for appropriate management and technical assistance.
``(ii) Updates.--The Administrator shall consult the report submitted under subparagraph (P) and, not later than 180 days after the date on which the Comptroller General of the United States submits the report, promulgate any necessary changes to existing regulations of the Administration based on the recommendations contained in the report.''.
(b) Participation.--Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``and (F)'' and inserting ``(F), and (G)''; and
(2) by adding at the end the following:
``(G) Participation in the community advantage loan program.--Subject to subparagraph (G)(i)(II)(cc) of paragraph
(38), in an agreement to participate in a loan on a deferred basis under that paragraph, the participation by the Administration shall be--
``(i) 80 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is more than $150,000 and not more than
$350,000; or
``(ii) 90 percent of the balance of the financing outstanding at the time of the disbursement of the loan, if that balance is not more than $150,000.''.
Subtitle B--Modernizing SBA's Loan Programs Act of 2023
SEC. 11111. SHORT TITLE.
This subtitle may be cited as the ``Modernizing SBA's Business Loan Programs Act of 2023''.
SEC. 11112. FINDINGS.
Congress finds that--
(1) in 1982, the Administration placed a moratorium on licensing new small business lending companies because the Administration lacked the resources to effectively service and supervise additional small business lending companies;
(2) according to the Office of the Inspector General of the Administration, the reduction in staff in the Office of Credit Risk Management of the Administration from 42 full- time employees to 29 full-time employees could affect the fiscal year 2023 goals of the Administration for oversight reviews;
(3) the Administration has finalized a rulemaking to lift the moratorium on the licensing new small business lending companies and establish a new Community Advantage small business lending company license, and there is no cap on the number of small business lending companies licenses that could be issued by the Administration;
(4) the increased costs and fees for an existing Community Advantage lender in the Community Advantage Pilot Program of the Administration to obtain and maintain a Community Advantage small business lending company license could be cost prohibitive for a majority of current Community Advantage lenders to transition to a Community Advantage small business lending company;
(5) on May 1, 2023, the Administration announced that the Community Advantage Pilot Program would sunset on September 30, 2023, and the authority of a Community Advantage lender to make loans under section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) under the pilot program will terminate;
(6) the Administration does not have adequate resources to issue either more than 3 new small business lending company licenses or new Community Advantage small business lending company licenses, as the Office of Credit Risk Management does not have the capacity to assume additional oversight responsibilities; and
(7) in order to increase small dollar lending in underserved areas, the Community Advantage Pilot Program should be made permanent, giving lenders certainty to continue to make loans under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
SEC. 11113. LENDING CRITERIA.
(a) 7(a) Loans.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)) is amended by adding at the end the following:
``(D) Underwriting requirements.--
``(i) In general.--With respect to a loan guaranteed under this subsection--
``(I) the applicant (including an operating company) shall be creditworthy;
``(II) the loan must be so sound as to reasonably assure repayment; and
``(III) subject to the approval of the Administrator, the Director of the Office of Credit Risk Management may require additional criteria.
``(ii) Lending criteria for loans of $350,000 or more.-- With respect to a loan guaranteed under this section that is not less than $350,000, the Administration and lenders shall, as applicable, consider the following:
``(I) Credit history of the applicant (and the operating company, if applicable), and the associates and guarantors of the applicant.
``(II) Experience and depth of management.
``(III) Strength of the business.
``(IV) Past earnings, projected cash flow, and future prospects.
``(V) Ability to repay the loan with earnings from the business of the applicant.
``(VI) Sufficient invested equity to operate on a sound financial basis.
``(VII) Potential for long-term success.
``(VIII) Nature and value of collateral (although inadequate collateral may not be the sole reason for denial of a loan application).
``(IX) The effect any affiliate of the applicant may have on the ultimate repayment ability of the applicant.
``(iii) Lending criteria for loans of less than $350,000.-- With respect to a loan guaranteed under this section that is less than $350,000--
``(I) lenders shall use appropriate and generally acceptable commercial credit analysis processes and procedures consistent with those used for similarly-sized commercial loans that are not guaranteed by the Administration;
``(II) the Administration and lenders may use a business credit scoring model; and
``(III) the Administration and lenders shall, as applicable, consider--
``(aa) the credit score or credit history of the applicant
(and the operating company, if applicable), and the associates and guarantors of the applicant;
``(bb) the earnings or cash flow of the applicant;
``(cc) any equity or collateral of the applicant; and
``(dd) the effect any affiliates of the applicant may have on the ultimate repayment ability of the applicant.''.
(b) 504/CDC Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by adding at the end the following:
``(8) Underwriting requirements.--
``(A) In general.--With respect to a loan made under this section--
``(i) the applicant (including an operating company) shall be creditworthy; and
``(ii) the loan must be so sound as to reasonably assure repayment.
``(B) Lending criteria.--With respect to a loan made under this section--
``(i) lenders and certified development companies shall use appropriate and generally acceptable commercial credit analysis processes and procedures consistent with those used for similarly-sized commercial loans that are not guaranteed by the Administration;
``(ii) the Administration, lenders, and certified development companies may use a business credit scoring model; and
``(iii) the Administration, lenders, and certified development companies shall, as applicable, consider--
``(I) the credit score or credit history of the applicant
(and the operating company, if applicable), and the associates and guarantors of the applicant;
``(II) the earnings or cash flow of the applicant; and
``(III) any equity or collateral of the applicant.''.
SEC. 11114. AFFILIATION AND FRANCHISE DIRECTORY.
(a) Affiliation Principles.--
(1) Business loans.--Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(E) Affiliation principles.--Affiliation under any of the circumstances described below is sufficient to establish affiliation for applicants for a loan guaranteed under this subsection:
``(i) Affiliation based on ownership.--
``(I) In general.--For determining affiliation based on equity ownership, a concern is an affiliate of an individual, concern, or entity that owns or has the power to control more than 50 percent of the voting equity of the concern.
``(II) Other officers.--If no individual, concern, or entity is found to control a concern under subclause (I), the Administrator shall deem the board of directors, president, or chief executive officer (or other officers, managing members, or partners who control the management of the concern) to be in control of the concern.
``(III) Minority shareholder.--The Administrator shall deem a minority shareholder of a concern to be in control of the concern if that individual or entity has the ability, under the charter, by-laws, or shareholder agreement of the concern, to prevent a quorum or otherwise block action by the board of directors or shareholders of the concern.
``(ii) Affiliation arising under stock options, convertible securities, and agreements to merge.--
``(I) In general.--In determining the size of a concern, the Administrator shall--
``(aa) consider stock options, convertible securities, and agreements to merge (including agreements in principle) to have a present effect on the power to control a concern; and
``(bb) treat options, convertible securities, and agreements described in item (aa) as though the rights granted have been exercised.
``(II) Agreements to open or continue negotiations.--An agreement to open or continue negotiations towards the possibility of a merger or a sale of stock at some later date is not considered an `agreement in principle' and is not given present effect.
``(III) Conditions precedent.--Stock options, convertible securities, and agreements that are subject to conditions precedent that are incapable of fulfillment, speculative, conjectural, or unenforceable under State or Federal law, or where the probability of the transaction (or exercise of the rights) occurring is shown to be extremely remote, are not given present effect.
``(IV) Termination of control.--
``(aa) In general.--An individual, concern, or other entity that controls 1 or more other concerns cannot use stock options, convertible securities, or agreements to appear to terminate such control before actually doing so.
``(bb) Divesting.--The Administrator shall not give present effect to the ability of an individual, concern, or other entity to divest all or part of their ownership interest in a concern in order to avoid a finding of affiliation.
``(iii) Affiliation based on management.--Affiliation arises where--
``(I) the chief executive officer or president of the applicant concern (or other officers, managing members, or partners who control the management of the concern) also controls the management of 1 or more other concerns;
``(II) a single individual, concern, or entity that controls the board of directors or management of 1 concern also controls the board of directors or management of 1 of more other concerns; or
``(III) a single individual, concern, or entity controls the management of the applicant concern through a management agreement.
``(iv) Affiliation based on identity of interest.--
``(I) Definition.--In this clause, the term `close relative' means--
``(aa) a spouse, parent, child, or sibling; and
``(bb) the spouse of any individual described in item (aa).
``(II) Close relatives.--Affiliation arises when there is an identity of interest between close relatives with identical or substantially identical business or economic interests, such as where the close relatives operate concerns in the same or similar industry in the same geographic area.
``(III) Aggregated interests.--If the Administrator determines that interests described in subclause (II) should be aggregated, an individual or firm may rebut that determination with evidence showing that the interests deemed to be affiliated are in fact separate.
``(v) Affiliation based on franchise and license agreements.--
``(I) In general.--The restraints imposed on a franchisee or licensee by its franchise or license agreement generally shall not be considered in determining whether the franchisor or licensor is affiliated with an applicant franchisee or licensee, if the applicant franchisee or licensee has the right to profit from its efforts and bears the risk of loss commensurate with ownership.
``(II) Nature of agreement.--For purposes of subclause (I), the Administrator shall only consider the franchise or license agreements of the applicant concern.
``(vi) Determining the concern's size.--In determining the size of a concern, the Administrator counts the receipts, employees, or the alternate size standard (if applicable) of the concern whose size is at issue and all of the domestic and foreign affiliates of the concern, regardless of whether the affiliates are organized for profit.
``(vii) Exceptions to affiliation.--The exceptions to affiliation described in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply.''.
(2) 504/CDC loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by this subtitle, is amended by adding at the end the following:
``(9) Affiliation principles.--Affiliation under any of the circumstances described below is sufficient to establish affiliation for applicants for a loan under this section:
``(A) Affiliation based on ownership.--
``(i) Ownership of another business.--When the applicant owns more than 50 percent of another business, the applicant and the other business are affiliated.
``(ii) Ownership by other businesses.--
``(I) In general.--When a business owns more than 50 percent of an applicant, the business that owns the applicant is affiliated with the applicant.
``(II) Other business owned by owner of applicant.--If a business entity owner that owns more than 50 percent of an applicant also owns more than 50 percent of another business that operates in the same 3-digit North American Industry Classification System subsector as the applicant, then the business entity owner, the other business, and the applicant are all affiliated.
``(iii) Ownership by individuals.--When an individual owns more than 50 percent of the applicant and the individual also owns more than 50 percent of another business entity that operates in the same 3-digit North American Industry Classification System subsector as the applicant, the applicant and the individual owner's other business entity are affiliated.
``(iv) Less than 50 percent.--When an applicant does not have an owner that owns more than 50 percent of the applicant, if an owner of 20 percent or more of the applicant also owns more than 50 percent of another business entity that operates in the same 3-digit North American Industry Classification System subsector as the applicant, the applicant and the owner's other business entity are affiliated.
``(v) Spouse and minor children.--Ownership interests of spouses and minor children shall be combined when determining amount of ownership interest.
``(vi) Percentage of ownership.--When determining the percentage of ownership that an individual owns in a business, the Administrator shall consider the pro rata ownership of entities.
``(B) Affiliation arising under stock options, convertible securities, and agreements to merge.--
``(i) In general.--The Administrator shall--
``(I) consider stock options, convertible securities, and agreements to merge (including agreements in principle) to have a present effect on the ownership of an entity; and
``(II) treat options, convertible securities, and agreements described in subclause (I) as though the rights granted have been exercised.
``(ii) Agreements to open or continue negotiations.--An agreement to open or continue negotiations towards the possibility of a merger or a sale of stock at some later date is not considered an `agreement in principle' and is not given present effect.
``(iii) Conditions precedent.--Stock options, convertible securities, and agreements that are subject to conditions precedent that are incapable of fulfillment, speculative, conjectural, or unenforceable under State or Federal law, or where the probability of the transaction (or exercise of the rights) occurring is shown to be extremely remote, are not given present effect.
``(iv) Ability to divest.--The Administrator shall not give present effect to individuals', concerns', or other entities' ability to divest all or part of their ownership interest to avoid a finding of affiliation.
``(C) Determining the concern's size.--In determining the size of a concern, the Administrator counts the receipts, employees, or the alternate size standard (if applicable) of the concern whose size is at issue and all of the domestic and foreign affiliates of the concern, regardless of whether the affiliates are organized for profit.
``(D) Exceptions to affiliation.--The exceptions to affiliation described in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply.''.
(b) Franchise Directory.--Not later than 30 days after the date of enactment of this Act, the Administration shall publish and maintain on the website of the Administration a Franchise Directory, which shall contain a list that lenders and certified development companies may use in evaluating whether a franchise is eligible for financing from the Administration.
SEC. 11115. LOAN AUTHORIZATION.
(a) 7(a) Loans.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(F) Loan authorization.--
``(i) In general.--With respect to a loan made or guaranteed under this subsection, the Administration shall issue a written agreement providing the terms and conditions under which the Administration will make or guarantee the loan.
``(ii) Not a contract.--A written agreement issued under clause (i) is not a contract to make a loan.''.
(b) 504/CDC Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by this subtitle, is amended by adding at the end the following:
``(10) Loan authorization.--
``(A) In general.--With respect to a loan made under this section, the Administration shall issue a written agreement providing the terms and conditions under which the Administration will make the loan.
``(B) Not a contract.--A written agreement issued under subparagraph (A) is not a contract to make a loan.''.
SEC. 11116. OVERSIGHT OF SMALL BUSINESS LENDING COMPANIES.
(a) Definition.--Section 3(r) of the Small Business Act (15 U.S.C. 632(r)) is amended, in the matter preceding paragraph
(1), by striking ``As used in section 23 of this Act'' and inserting ``In this Act''.
(b) Capital Requirements; Maximum Number.--Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(G) Additional provisions relating to small business lending companies.--
``(i) Maximum number.--
``(I) In general.--Not more than 17 small business lending companies may be authorized to make loans under this subsection at any time.
``(II) Existing small business lending companies.--
``(aa) In general.--Except as provided in subclause (III), each of the 14 small business lending companies authorized to make loans under this subsection as of June 1, 2023 shall retain such authorization on and after the date of enactment of this subparagraph.
``(bb) Loss of authorization.--With respect to a lender that, as of the date of enactment of this subparagraph, is authorized as a Community Advantage small business lending company, that lender shall, beginning on that date of enactment--
``(AA) no longer have that authorization; and
``(BB) be designated as a lender under the Community Advantage Loan Program established under paragraph (38).
``(III) Transfer or sale.--The Administrator shall have the discretion to authorize the transfer or sale of a license of a small business lending company to make loans under this subsection to another small business lending company.
``(IV) Limitation of delegated authority.--
``(aa) In general.--Notwithstanding paragraph (31), any small business lending company that the Administration authorizes after June 1, 2023 to make loans under this subsection shall be ineligible for delegated authority from the Administration to process, close, service, and liquidate certain loans made under this subsection for the 5-year period beginning on the date on which the Administration authorizes the small business lending company to make loans under this subsection.
``(bb) Existing sblcs.--Item (aa) shall not apply with respect to each of the 14 small business lending companies authorized to make loans under this subsection as of June 1, 2023.
``(ii) Minimum capital requirements.--
``(I) In general.--Except as provided in subclauses (II) and (III), to be authorized to make loans under this subsection, a small business lending company shall comply with the minimum capital requirements in effect on January 3, 2021.
``(II) Approved on or after january 4, 2021.--Any small business lending company authorized by the Administration to make loans under this subsection on or after January 4, 2021, including in the event of a change of ownership or control, shall maintain, at a minimum, the greater of--
``(aa) unencumbered paid-in capital and paid-in surplus of not less than $5,000,000; or
``(bb) an amount equal to 10 percent of the aggregate of its share of all outstanding loans.
``(III) Requirements on and after january 4, 2024.--On and after January 4, 2024, each small business lending company that makes or acquires a loan under this subsection shall maintain, at a minimum, the greater of--
``(aa) unencumbered paid-in capital and paid-in surplus of not less than $5,000,000; or
``(bb) an amount equal to 10 percent of the aggregate of its share of all outstanding loans.
``(iii) Criteria for licensing small business lending companies.--The Administrator shall use uniform terms for the licensing of business concerns as small business lending companies and the participation of those companies in the programs under this subsection.''.
(c) Annual Stress Testing and Reviews.--Section 23(d) of the Small Business Act (15 U.S.C. 650(d)) is amended--
(1) in paragraph (1), by inserting ``In general.--'' after
``(1)'';
(2) in paragraph (2), by inserting ``Hearing.--'' after
``(2)'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) Special supervisory authorities related to small business lending companies.--
``(A) Review and revocation of authority.--
``(i) In general.--The Director of the Office of Credit Risk Management (in this paragraph referred to as the
`Director')--
``(I) may review and revoke the authority of a small business lending company to make, service, or liquidate business loans under section 7(a) for performance, excessive losses, or predatory lending;
``(II) shall review and may revoke the authority of a small business lending company to make, service, or liquidate business loans under section 7(a) if--
``(aa) the early default rate for the small business lending company exceeds the average default rate for all small business lending companies participating in the loan program under section 7(a);
``(bb) the small business lending company fails to comply with the requirements under subparagraph (B); or
``(cc) the Director finds in an audit conducted under subparagraph (C)(ii) that the small business lending company is not in compliance with 1 or more of the requirements described in subparagraph (C); and
``(III) shall revoke the authority of a small business lending company to make, service, or liquidate business loans under section 7(a) if the Director has determined the small business lending company has failed to comply with the requirements in subclause (II) or (III) of subparagraph
(B)(ii) for 2 or more years in a row.
``(ii) Reporting requirement.--If the Director revokes the authority of a small business lending company to make, service, or liquidate business loans under section 7(a), the Director shall report the revocation, along with details and information describing why that decision was made, to the Office of the Inspector General of the Administration.
``(B) Annual stress tests.--
``(i) In general.--Each small business lending company shall--
``(I) conduct an annual stress test of the portfolio of the small business lending company under section 7(a) in accordance with the requirements under clause (ii); and
``(II) report to the Director the findings of each annual stress test conducted under subclause (I).
``(ii) Requirements.--Each stress test conducted under clause (i) shall comply with the following requirements:
``(I) The small business lending company shall use financial data as of December 31 of the calendar year prior to the reporting year.
``(II) The small business lending company shall use the scenarios provided by the Director, which shall reflect a minimum of 2 sets of economic and financial conditions, including baseline and severely adverse scenarios that incorporate consideration of interest rate risk. The Director shall provide a description of the scenarios required to be used by each small business lending company not later than February 15 of the reporting year.
``(III) The board of directors and senior management of each small business lending company shall consider the results of the stress tests conducted under this subsection in the normal course of business, including capital planning, assessment of capital adequacy, and risk management practices of the small business lending company.
``(C) Compliance with bank secrecy act and anti-money laundering requirements.--
``(i) Definition.--In this subparagraph, the term `Bank Secrecy Act' means--
``(I) section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b);
``(II) chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.); and
``(III) subchapter II of chapter 53 of title 31, United States Code.
``(ii) Annual reviews.--The Director--
``(I) shall conduct annual reviews to ensure that small business lending companies are in compliance with the requirements contained in the regulations issued under clause
(iii); and
``(II) in conducting a review under subclause (I), may not rely on self-certification by a small business lending company that the small business lending company is in compliance with those requirements.
``(iii) Regulations.--Not later than 1 year after the date of enactment of the Modernizing SBA's Business Loan Programs Act of 2023, the Administrator shall, in consultation with other appropriate Federal agencies, issue regulations to provide a framework to ensure that small business lending companies are in compliance with the requirements under the Bank Secrecy Act, including Know Your Customer and anti-money laundering requirements, and any applicable consumer protection laws, including the Truth in Lending Act (15 U.S.C. 1601 et seq.), the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.), and the Gramm-Leach-Bliley Act (Public Law 106-102; 113 Stat. 1338).'';
(5) in paragraph (4), as so redesignated, by inserting
``Notification.--'' after ``(4)''; and
(6) in paragraph (5), as so redesignated, by inserting
``Delegation.--'' after ``(5)''.
SEC. 11117. OFFICE OF CREDIT RISK MANAGEMENT.
Section 47 of the Small Business Act (15 U.S.C. 657t) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting before the period at the end the following: ``with a demonstrated career in or outstanding qualifications or expertise related to finance and financial risk management. The Director shall report directly to the Administrator''; and
(B) by adding at the end the following:
``(3) Compensation.--The Administrator shall fix the compensation of the Director--
``(A) as necessary to carry out the duties of the Office; and
``(B) in an amount that is not less than the highest rate of basic pay for the Senior Executive Service under section 5382(b) of title 5, United States Code.''; and
(2) in subsection (h)(2)--
(A) in subparagraph (I), by striking ``and'' at the end;
(B) in subparagraph (J), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(K) the number of 7(a) lenders that had an early default rate of more than 3 percent; and
``(L) an analysis of the median and average credit scores of borrowers relating to early default rates, purchase rates, and charge offs.''.
SEC. 11118. DENIED LOAN OR LOAN MODIFICATION REQUEST.
(a) 7(a) Loans.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(H) Denied loan or loan modification request.--
``(i) Role of administrator.--The Administrator may not intervene or make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this subsection.
``(ii) Final decision.--Only the Director of the Office of Financial Assistance may make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this subsection.''.
(b) 504/CDC Loans.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), as amended by this subtitle, is amended by adding at the end the following:
``(11) Denied loan or loan modification request.--
``(A) Role of administrator.--The Administrator may not intervene or make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this section.
``(B) Final decision.--Only the Director of the Office of Financial Assistance may make a final decision with respect to a request for reconsideration of a denied loan or loan modification request made by an applicant or recipient of a loan under this section.''.
SEC. 11119. DIRECT LENDING.
Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(I) Notification required before direct lending.--Not later than 60 days before the Administration implements any policy or pilot program that would allow the Administration to directly make a loan under this subsection, the Administrator shall submit a notification to Congress for review.''.
SEC. 11120. RESTRICTION ON REFINANCING DEBT.
Section 7(a)(1) of the Small Business Act (15 U.S.C. 636(a)(1)), as amended by this subtitle, is amended by adding at the end the following:
``(J) Restriction on refinancing debt.--
``(i) Definition.--In this subparagraph, the term
`delegated authority' means status granted by the Administration to a lender to allow the lender to process, close, service, and liquidate certain loans made under this subsection without prior review by the Administration.
``(ii) Restriction.--A lender shall be prohibited from using any delegated authority under this subsection to refinance any debt held by the lender, including any loan made under this subsection.''.
SEC. 11121. GAO STUDY.
Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report that includes--
(1) an analysis of the use of alternative credit models for loans made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) in an amount of less than $350,000, including--
(A) an analysis of whether appropriate guardrails are in place to prevent fraud, waste, and abuse and provide protections for the borrower;
(B) an evaluation of the effectiveness of those credit models in reducing barriers to access to capital to underserved and rural communities; and
(C) recommendations as to whether improvements can be made by Administration in its use of alternative credit models to prevent waste, fraud, and abuse and to improve access to capital to underserved and rural communities;
(2) an audit of the operations, staffing, and resources of the Office of Credit Risk Management of the Administration, including the efforts of the Office to implement the new oversight provisions under the amendments made by this title; and
(3) a survey of the practices of lenders under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) relating to the use of criminal history when determining whether to approve a loan under that section or a similarly sized commercial loan that is not guaranteed by the Administration.
TITLE LXX--VETERAN ENTREPRENEURSHIP TRAINING ACT OF 2023
SEC. 11201. SHORT TITLE.
This title may be cited as the ``Veteran Entrepreneurship Training Act of 2023''.
SEC. 11202. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by adding at the end the following:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the term `covered individual' means--
``(A) a member of the Armed Forces, including the National Guard or Reserves;
``(B) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and
``(ii) was discharged or released from such service under conditions other than dishonorable; and
``(D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).
``(2) Establishment.--During the period beginning on the date of enactment of this subsection and ending on September 30, 2028, the Administrator shall carry out a program to be known as the `Boots to Business Program' to provide entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program are to--
``(A) provide assistance and in-depth training to covered individuals interested in business ownership; and
``(B) provide covered individuals with the tools, skills, and knowledge necessary to identify a business opportunity, draft a business plan, identify sources of capital, connect with local resources for small business concerns, and start up a small business concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program may include--
``(i) an in-person and virtual, as applicable, presentation providing exposure to the considerations involved in self- employment and ownership of a small business concern;
``(ii) an online, self-study course focused on the basic skills of entrepreneurship, the language of business, and the considerations involved in self-employment and ownership of a small business concern;
``(iii) an in-person and virtual, as applicable, classroom instruction component providing an introduction to the foundations of self employment and ownership of a small business concern; and
``(iv) in-depth training delivered through online instruction, including an online course that leads to the creation of a business plan.
``(B) Travel costs.--
``(i) In general.--Subject to the other provisions of this subparagraph, of the total amount of grant funding that a Veteran Business Outreach Center participating in the Boots to Business Program receives from the Administration, the center may not expend more than 35 percent of that funding on costs relating to international travel with respect to the Boots to Business Program.
``(ii) Costs not included in cap.--Costs relating to the salaries of, or stipends for, instructors under the Boots to Business Program shall not be included for the purposes of the limitation under clause (i).
``(iii) Petition.--
``(I) In general.--A Veteran Business Outreach Center may petition the Administrator for the center to expend additional funds beyond the limitation under clause (i) for the purposes described in that clause.
``(II) Notification requirement.--If the Administrator grants any petition submitted under subclause (I), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a notification regarding that decision by the Administrator.
``(C) Collaboration.--The Administrator may--
``(i) collaborate with public and private entities to develop course curricula for the Boots to Business Program;
``(ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note); and
``(iii) consult with Directors of Veteran Business Outreach Centers regarding the necessity of instructor international travel and the feasibility of incorporating virtual classroom components.
``(D) Use of resource partners and district offices.--
``(i) In general.--The Administrator shall--
``(I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and
``(II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program.
``(ii) Grant authority.--In carrying out clause (i), the Administrator may make grants to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.
``(E) Availability to department of defense and the department of labor.--The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor.
``(F) Availability to department of veterans affairs.--In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum--
``(i) describe the Boots to Business Program and the services provided; and
``(ii) include eligibility requirements for participating in the Boots to Business Program.
``(G) Availability to other participating agencies.--The Administrator shall ensure information regarding the Boots to Business program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies.
``(5) Competitive bidding procedures.--The Administration shall use relevant competitive bidding procedures with respect to any contract or cooperative agreement executed by the Administration under the Boots to Business Program.
``(6) Publication of notice of funding opportunity.--Not later than 30 days before the deadline for submitting applications for any funding opportunity under the Boots to Business Program, the Administration shall publish a notice of the funding opportunity.
``(7) Report.--Not later than 180 days after the date of enactment of this subsection, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which--
``(A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and
``(B) shall summarize available information relating to--
``(i) grants awarded under paragraph (4)(D);
``(ii) the total cost of the Boots to Business Program;
``(iii) the amount of program funds used for domestic and international travel expenses;
``(iv) each domestic location and international location traveled to for Boots to Business program instruction;
``(v) the number of program participants using each component of the Boots to Business Program;
``(vi) the completion rates for each component of the Boots to Business Program; and
``(vii) to the extent possible--
``(I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to the Armed Forces;
``(II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration;
``(III) the number of program participants that start a small business concern;
``(IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants;
``(V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and
``(VI) the results of other germane participant satisfaction surveys;
``(C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year;
``(D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;
``(E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;
``(F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and
``(G) any additional information the Administrator determines necessary.''.
TITLE LXXI--SMALL BUSINESS CHILD CARE INVESTMENT ACT
SEC. 11301. SHORT TITLE.
This title may be cited as the ``Small Business Child Care Investment Act''.
SEC. 11302. SMALL BUSINESS LOANS FOR NONPROFIT CHILD CARE
PROVIDERS.
(a) In General.--Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following:
``(10) Nonprofit child care providers.--
``(A) Definition.--In this paragraph, the term `covered nonprofit child care provider' means an organization--
``(i) that--
``(I) is in compliance with licensing requirements for child care providers of the State in which the organization is located;
``(II) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code;
``(III) is primarily engaged in providing child care for children from birth to compulsory school age; and
``(IV) is in compliance with the size standards established under this subsection for business concerns in the applicable industry;
``(ii) for which each employee and regular volunteer complies with the criminal background check requirements under section 658H(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(b));
``(iii) that may--
``(I) provide care for school-age children outside of school hours or outside of the school year; or
``(II) offer preschool or prekindergarten educational programs; and
``(iv) subject to any exemption under Federal law applicable to the organization, that certifies to the Administrator that the organization will not discriminate in any business practice, including providing services to the public, on the basis of race, color, religion, sex, sexual orientation, marital status, age, disability, or national origin.
``(B) Eligibility for certain loan programs.--
``(i) In general.--Notwithstanding any other provision of this subsection, a covered nonprofit child care provider shall be deemed to be a small business concern for purposes of loans under section 7(a) of this Act or financing under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.).
``(ii) Loan guarantee.--A covered nonprofit child care center provider--
``(I) shall obtain a guarantee of timely payment of the loan or financing from another person or entity to be eligible for a loan or financing of more than $500,000 under the authority under clause (i); and
``(II) shall not be required to obtain a guarantee of timely payment of the loan or financing to be eligible for a loan or financing that is not more than $500,000 under the authority under clause (i).
``(C) Limitation on basis for ineligibility.--The Administrator may not determine that a covered nonprofit child care center provider is not eligible for a loan or financing described in subparagraph (B)(i) on the basis that the proceeds of the loan or financing will be used for a religious activity protected under the First Amendment to the Constitution of the United States, as interpreted by the courts of the United States.''.
(b) Reporting.--
(1) Definition.--In this subsection, the term ``covered nonprofit child care provider'' has the meaning given the term in paragraph (10) of section 3(a) of the Small Business Act (15 U.S.C. 632(a)), as added by subsection (a).
(2) Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report that contains--
(A) for the year covered by the report--
(i) the number of loans made under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and the number of financings provided under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) to covered nonprofit child care providers; and
(ii) the amount of such loans made and the amount of such financings provided to covered nonprofit child care providers; and
(B) any other information determined relevant by the Administrator.
TITLE LXXII--SUPPORTING SMALL BUSINESS AND CAREER AND TECHNICAL
EDUCATION ACT OF 2023
SEC. 11401. SHORT TITLE.
This title may be cited as the ``Supporting Small Business and Career and Technical Education Act of 2023''.
SEC. 11402. INCLUSION OF CAREER AND TECHNICAL EDUCATION.
(a) Definition.--Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:
``(gg) Career and Technical Education.--The term `career and technical education' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).''.
(b) Small Business Development Centers.--Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is amended--
(1) in subparagraph (T), by striking ``and'' at the end;
(2) in clause (v) of the first subparagraph (U) (relating to succession planning), by striking the period at the end and inserting a semicolon;
(3) by redesignating the second subparagraph (U) (relating to training on domestic and international intellectual property protections) as subparagraph (V);
(4) in subparagraph (V)(ii)(II), as so redesignated, by striking the period at the end and inserting a semicolon; and
(5) by adding at the end the following:
``(W) assisting small business concerns in hiring graduates from career and technical education programs or programs of study; and
``(X) assisting graduates of career and technical education programs or programs of study in starting up a small business concern.''.
(c) Women's Business Centers.--Section 29(b) of the Small Business Act (15 U.S.C. 656(b)) 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 a semicolon; and
(3) by adding at the end the following:
``(4) assistance for small business concerns to hire graduates from career and technical education programs or programs of study; and
``(5) assistance for graduates of career and technical education programs or programs of study to start up a small business concern.''.
TITLE LXXIII--SMALL BUSINESS DISASTER DAMAGE FAIRNESS ACT OF 2023
SEC. 11501. SHORT TITLE.
This title may be cited as the ``Small Business Disaster Damage Fairness Act of 2023''.
SEC. 11502. COLLATERAL REQUIREMENTS FOR DISASTER LOANS.
Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is amended, in the third proviso--
(1) by striking ``$14,000'' and inserting ``$25,000''; and
(2) by striking ``major disaster'' and inserting
``disaster''.
SEC. 11503. GAO REPORT ON DEFAULT RATES.
Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance, including the default rate, of loans made under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)), and the impact of the amendments to collateral amounts made under section 11502 on the performance of those loans, during the period--
(1) beginning on September 30, 2020; and
(2) ending on the date on that is 2 years after the date of enactment of this Act.
TITLE LXXIV--NATIVE AMERICAN ENTREPRENEURIAL AND OPPORTUNITY ACT OF
2023
SEC. 11601. SHORT TITLE.
This title may be cited as the ``Native American Entrepreneurial and Opportunity Act of 2023''.
SEC. 11602. OFFICE OF NATIVE AMERICAN AFFAIRS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 (15 U.S.C. 631 note) as section 50; and
(2) by inserting after section 48 (15 U.S.C. 657u) the following:
``SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS.
``(a) Definitions.--In this section:
``(1) Associate administrator.--The term `Associate Administrator' means the Associate Administrator for Native American Affairs appointed under subsection (c).
``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 8(a)(13).
``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15).
``(4) Office.--The term `Office' means the Office of Native American Affairs described in this section.
``(b) Establishment.--
``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize Native businesses and economic development in Indian country.
``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1).
``(3) Alternative work sites.--
``(A) In general.--The Office may establish alternative work sites within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office.
``(B) Prohibition.--The alternative work sites established under subparagraph (A) shall not be field offices of the Administration.
``(c) Associate Administrator.--The Office shall be headed by an Associate Administrator for Native American Affairs, who shall--
``(1) be appointed by and report to the Administrator;
``(2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans;
``(3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups;
``(4) administer and manage Native American outreach expansion;
``(5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs;
``(6) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to--
``(A) deploy training, counseling, workshops, educational outreach, and supplier events; and
``(B) access the entrepreneurial, capital, and contracting programs of the Administration;
``(7) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and
``(8) recommend annual budgets for the Office.
``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office such sums as may be necessary for each of fiscal years 2024 through 2028 to carry out this section.''.
TITLE LXXV--SUPPORTING COMMUNITY LENDERS ACT
SEC. 11701. SHORT TITLE.
This title may be cited as the ``Supporting Community Lenders Act''.
SEC. 11702. COORDINATOR FOR COMMUNITY FINANCIAL INSTITUTIONS.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended by adding at the end the following:
``(o) Coordinator for Community Financial Institutions.--
``(1) Definitions.--In this subsection--
``(A) the term `Associate Administrator' means the Associate Administrator of the Office of Capital Access of the Administration;
``(B) the term `community financial institution' has the meaning given the term in paragraph (36); and
``(C) the term `Coordinator' means the Coordinator for Community Financial Institutions.
``(2) Establishment.--There is established within the Office of Capital Access of the Administration the position of Coordinator for Community Financial Institutions, the occupant of which shall be responsible for the planning, coordination, implementation, evaluation, and improvement of the efforts of the Administrator to enhance the performance of community financial institutions and support access to capital for small business concerns.
``(3) Coordinator.--
``(A) In general.--Not later than 180 days after the date of enactment of the Supporting Community Lenders Act, the Administrator shall designate an individual to serve as Coordinator, who shall--
``(i) report to the Associate Administrator; and
``(ii) have knowledge of community financial institutions and experience providing access to capital to small business concerns in underserved communities.
``(B) Duties.--The Coordinator shall--
``(i) create and implement strategies and programs that support the activities, development, and growth of community financial institutions;
``(ii) administer and manage outreach, technical support, and training programs to existing, and potential, community financial institutions;
``(iii) establish partnerships within the Administration and with relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, the Department of Agriculture, and the Minority Business Development Agency, to advance the goal of supporting the economic success of small business concerns through community financial institutions;
``(iv) review the effectiveness and impact of community financial institutions;
``(v) when appropriate, advocate on behalf of community financial institutions within the Administration, and to outside organizations, including other relevant Federal agencies;
``(vi) hold public meetings with relevant stakeholders not less frequently than once every 6 months beginning 1 year after the date of enactment of the Supporting Community Lenders Act; and
``(vii) not later than 3 years after the date of enactment of the Supporting Community Lenders Act, and not less frequently than once every 3 years thereafter, submit to Congress a report on the major activities of the Coordinator, recommendations for congressional action based on the expertise of the Coordinator, and potential for growth within the areas in which the Coordinator operates.
``(C) Consultation.--In carrying out the duties under this paragraph, the Coordinator shall consult with--
``(i) district offices of the Administration; and
``(ii) other relevant Federal agencies, including the Department of the Treasury, the Federal Deposit Insurance Corporation, and the Minority Business Development Agency.''.
SEC. 11703. OFFICE OF ADVOCACY EMPLOYEE ELIGIBILITY FOR
FAMILY AND MEDICAL LEAVE.
The Chief Counsel for Advocacy of the Administration shall immediately notify the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives if, at any point, an employee, including a contracted employee, of the Office of Advocacy who has been employed at the Office of Advocacy for more than 1 year is not eligible for paid leave under subchapter V of chapter 63 of title 5, United States Code.
TITLE LXXVI--SBIC ADVISORY COMMITTEE ACT OF 2023
SEC. 11801. SHORT TITLE.
This title may be cited as the ``SBIC Advisory Committee Act of 2023''.
SEC. 11802. SBIC ADVISORY COMMITTEE.
(a) Definitions.--In this section--
(1) the term ``Advisory Committee'' means the SBIC Advisory Committee established under subsection (b);
(2) the term ``covered Members'' means the Chair and Ranking Member of--
(A) the Committee on Small Business and Entrepreneurship of the Senate; and
(B) the Committee on Small Business of the House of Representatives;
(3) the terms ``licensee'', ``small business investment company'', and ``underlicensed State'' have the meanings given those terms in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662);
(4) the term ``low-income community'' has the meaning given the term in section 45D(e) of the Internal Revenue Code of 1986;
(5) the term ``rural area'' has the meaning given the term by the Bureau of the Census;
(6) the terms ``small business concern owned and controlled by veterans'' and ``small business concern owned and controlled by women'' have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632);
(7) the term ``socially or economically disadvantaged individual'' means a socially disadvantaged individual or economically disadvantaged individual, as described in paragraphs (5) and (6)(A), respectively, of section 8(a) of the Small Business Act (15 U.S.C. 637(a));
(8) the term ``underfinanced State'' means a State that has below median financing, as determined by the Administrator; and
(9) the term ``underserved community'' means--
(A) a HUBZone, as defined in section 31(b) of the Small Business Act (15 U.S.C. 657a(b));
(B) a community that has been designated as an empowerment zone or an enterprise community under section 1391 of the Internal Revenue Code of 1986;
(C) a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; or
(D) a community that has been designated as a qualified opportunity zone under section 1400Z-1 of the Internal Revenue Code of 1986.
(b) Establishment.--The Administrator shall establish an SBIC Advisory Committee to convene outside experts to advise on the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.).
(c) Composition.--
(1) Membership.--The Advisory Committee shall be composed of 16 members appointed by the Administrator as follows:
(A) The Associate Administrator of the Office of Investment and Innovation of the Administration, or another designee of the Associate Administrator, as determined by the Administrator.
(B) 7 members with competence regarding, interest in, or knowledge of the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), of whom--
(i) not fewer than 3 shall have a demonstrated record of expertise in investing in--
(I) low-income communities;
(II) communities that have been designated as qualified opportunity zones under section 1400Z-1 of the Internal Revenue Code of 1986;
(III) businesses primarily engaged in research and development;
(IV) manufacturers;
(V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the licensee;
(VI) rural areas; or
(VII) underfinanced States; and
(ii) not less than 1 shall be a representative from a trade association for the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.).
(C) 8 members appointed by the Administrator as follows:
(i) 2 members shall be selected from among the individuals in the list submitted by the Chair of the Committee on Small Business and Entrepreneurship of the Senate under paragraph
(2).
(ii) 2 members shall be selected from among the individuals in the list submitted by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate under paragraph (2).
(iii) 2 members shall be selected from among the individuals in the list submitted by the Chair of the Committee on Small Business of the House of Representatives under paragraph (2).
(iv) 2 members shall be selected from among the individuals in the list submitted by the Ranking Member of the Committee on Small Business of the House of Representatives under paragraph (2).
(2) Recommendations.--Not later than 30 days after the date of enactment of this Act, each of the covered Members shall provide to the Administrator a list of 3 candidates for membership on the Advisory Committee, who shall be individuals who have no conflict of interest in the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) and hold a high-ranking position or senior leadership role in--
(A) a relevant industry trade association;
(B) the investment industry with expertise in pensions, endowments, and other non-banking institutions;
(C) academia with expertise in the investment industry; or
(D) a nonprofit institution, including a nonprofit institution that serves any of the entities described in subclauses (I) through (VII) of paragraph (1)(B)(i).
(3) Private sector members.--Not fewer than 2 and not more than 4 of the members of the Advisory Committee shall be investors in the private sector who--
(A) invest in small business concerns; and
(B) as of the date of appointment, do not participate in the small business investment program under title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.).
(4) Chairperson.--The Chairperson of the Advisory Committee shall be the member of the Advisory Committee appointed under paragraph (1)(A).
(5) Period of appointment.--Members of the Advisory Committee shall be appointed for the life of the Advisory Committee.
(6) Vacancies.--Any vacancy in the Advisory Committee shall be filled in the same manner as the original appointment.
(d) Deadline for Appointment.--Not later than 60 days after the date on which the covered Members provide the lists to the Administrator under subsection (c)(2), the Administrator shall--
(1) appoint the members of the Advisory Committee; and
(2) submit to Congress a list of the members so appointed.
(e) Duties.--The Advisory Committee shall provide advice and recommendations to the Administrator concerning--
(1) policy and program development and other matters of significance concerning activities under the Small Business Act (15 U.S.C. 631 et seq.) and the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.), including diversifying management teams or companies;
(2) incentives for small business investment companies to--
(A) invest and locate in underlicensed States and underfinanced States; and
(B) invest in small business concerns, including small business concerns owned and controlled by socially or economically disadvantaged individuals, small business concerns owned and controlled by veterans, and small business concerns owned and controlled by women;
(3) metrics of success, and benchmarks for success, with respect to the goals described in this section; and
(4) the impact of the small business investment program under title III of the Small Business Investment Act of 1958
(15 U.S.C. 681 et seq.) on the private investment market, including whether investments under the program compete with the private sector.
(f) Report.--Not later than 18 months after the date on which the Administrator establishes the Advisory Committee under subsection (b), the Advisory Committee shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report that includes the recommendations of the Advisory Committee described in subsection (e).
(g) Termination.--The Advisory Committee shall terminate on the date on which the Advisory Committee submits the report required under subsection (f).
______
SA 1069. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. ___. AMENDMENT TO DEPARTMENT OF STATE REWARDS PROGRAM.
Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended--
(1) in paragraph (13), by striking ``; or'' and inserting a semicolon;
(2) in paragraph (14), by striking the period at the end and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(15) the conviction of any individual for a criminal violation of United States sanctions.''.
______
SA 1070. Ms. SINEMA (for herself and Mr. Lankford) submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X of division A, add the following:
Subtitle H--Combating Cartels on Social Media Act of 2023
SEC. 1091. SHORT TITLE.
This subtitle may be cited as the ``Combating Cartels on Social Media Act of 2023''.
SEC. 1092. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives.
(2) Covered operator.--The term ``covered operator'' means the operator, developer, or publisher of a covered service.
(3) Covered service.--The term ``covered service'' means--
(A) a social media platform;
(B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093; and
(C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093.
(4) Criminal enterprise.--The term ``criminal enterprise'' has the meaning given the term ``continuing criminal enterprise'' in section 408 of the Controlled Substances Act
(21 U.S.C. 848).
(5) Illicit activities.--The term ``illicit activities'' means the following criminal activities that transcend national borders:
(A) A violation of section 401 of the Controlled Substances Act (21 U.S.C. 841).
(B) Narcotics trafficking, as defined in section 808 of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).
(C) Trafficking of weapons, as defined in section 922 of title 18, United States Code.
(D) Migrant smuggling, defined as a violation of section 274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(ii)).
(E) Human trafficking, defined as--
(i) a violation of section 1590, 1591, or 1592 of title 18, United States Code; or
(ii) engaging in severe forms of trafficking in persons, as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).
(F) Cyber crime, defined as a violation of section 1030 of title 18, United States Code.
(G) A violation of any provision that is subject to intellectual property enforcement, as defined in section 302 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8112).
(H) Bulk cash smuggling of currency, defined as a violation of section 5332 of title 31, United States Code.
(I) Laundering the proceeds of the criminal activities described in subparagraphs (A) through (H).
(6) Transnational criminal organization.--The term
``transnational criminal organization'' means groups, networks, and associated individuals who operate transnationally for the purposes of obtaining power, influence, or monetary or commercial gain, wholly or in part by certain illegal means, while advancing their activities through a pattern of crime, corruption, or violence, and while protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms.
SEC. 1093. ASSESSMENT OF ILLICIT USAGE.
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint assessment describing--
(1) the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to engage in recruitment efforts, including the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States;
(2) the use of covered services by transnational criminal organizations to engage in illicit activities or conduct in support of illicit activities, including--
(A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms;
(B) human smuggling or trafficking, including the exploitation of children; and
(C) transportation of bulk currency or monetary instruments in furtherance of smuggling activity; and
(3) the existing efforts of the Secretary of Homeland Security, the Secretary of State, and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2).
SEC. 1094. STRATEGY TO COMBAT CARTEL RECRUITMENT ON SOCIAL
MEDIA AND ONLINE PLATFORMS.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States.
(b) Elements.--
(1) In general.--The strategy required under subsection (a) shall, at a minimum, include the following:
(A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary of Homeland Security, the Secretary of State, and relevant law enforcement entities with respect to the matters described in subsection (a).
(B) Recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations in the United States involving covered services.
(C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department of Homeland Security, the Department of State, and State, Tribal, and local governments.
(D) A proposal to improve coordination within the Department of Homeland Security and the Department of State and between the components of those Departments with respect to the matters described in subsection (a).
(E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment to engage in or provide support with respect to illicit activities.
(F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a).
(G) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities.
(H) A detailed description of the measures used to ensure--
(i) law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations not individuals the transnational criminal organizations attempt to or successfully recruit; and
(ii) the privacy rights, civil rights, and civil liberties protections in carrying out the activities described in clause (i), with a particular focus on the protections in place to protect minors and constitutionally protected activities.
(2) Limitation.--The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a).
(c) Consultation.--In drafting and implementing the strategy required under subsection (a), the Secretary of Homeland Security and the Secretary of State shall, at a minimum, consult and engage with--
(1) the heads of relevant components of the Department of Homeland Security, including--
(A) the Under Secretary for Intelligence and Analysis;
(B) the Under Secretary for Strategy, Policy, and Plans;
(C) the Under Secretary for Science and Technology;
(D) the Commissioner of U.S. Customs and Border Protection;
(E) the Director of U.S. Immigration and Customs Enforcement;
(F) the Officer for Civil Rights and Civil Liberties;
(G) the Privacy Officer; and
(H) the Assistant Secretary of the Office for State and Local Law Enforcement;
(2) the heads of relevant components of the Department of State, including--
(A) the Assistant Secretary for International Narcotics and Law Enforcement Affairs;
(B) the Assistant Secretary for Western Hemisphere Affairs; and
(C) the Coordinator of the Global Engagement Center;
(3) the Attorney General;
(4) the Secretary of Health and Human Services; and
(5) the Secretary of Education; and
(6) as selected by the Secretary of Homeland Security, or his or her designee in the Office of Public Engagement, representatives of border communities, including representatives of--
(A) State, Tribal, and local governments, including school districts and local law enforcement; and
(B) nongovernmental experts in the fields of--
(i) civil rights and civil liberties;
(ii) online privacy;
(iii) humanitarian assistance for migrants; and
(iv) youth outreach and rehabilitation.
(d) Implementation.--
(1) In general.--Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary of Homeland Security and the Secretary of State shall commence implementation of the strategy.
(2) Report.--
(A) In general.--Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint report describing the efforts of the Secretary of Homeland Security and the Secretary of State to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of--
(i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B);
(ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary of Homeland Security, the Secretary of State, other Federal entities, State, local, and Tribal entities, and foreign governments; and
(iii) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods.
(B) Form.--Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.
(3) Civil rights, civil liberties, and privacy assessment.--Not later than 2 years after the date on which the strategy required under subsection (a) is implemented under paragraph (1), the Office for Civil Rights and Civil Liberties and the Privacy Office of the Department of Homeland Security shall submit to the appropriate congressional committees a joint report that includes--
(A) a detailed assessment of the measures used to ensure the protection of civil rights, civil liberties, and privacy rights in carrying out this section; and
(B) recommendations to improve the implementation of the strategy required under subsection (a).
(4) Rulemaking.--Prior to implementation of the strategy required under subsection (a) at the Department of Homeland Security, the Secretary of Homeland Security shall issue rules to carry out this section in accordance with section 553 of title 5, United States Code.
SEC. 1095. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to expand the statutory law enforcement or regulatory authority of the Department of Homeland Security or the Department of State.
SEC. 1096. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle.
______
SA 1071. Mr. DAINES submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. PROHIBITION ON USE OF FUNDS FOR ADULT CABARET
PERFORMANCES.
(a) Prohibition.--None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Department of Defense and no facilities owned or operated by Department of Defense may be used to host, advertise, or otherwise support an adult cabaret performance.
(b) Definitions.--In this section:
(1) Adult cabaret performance.--The term ``adult cabaret performance'' means a performance that features topless dancers, go-go dancers, exotic dances, strippers, or male or female impersonators who provide entertainment that appeals to prurient interest.
(2) Facilities owned or operated by the department of defense.--The term ``facilities owned or operated by the Department of Defense'' means any facility owned, operated, or defended by members of the Armed Forces or civilian employees of the Department of Defense, including maritime vessels, OCONUS installations, Department of State facilities, intelligence community facilities, and cemeteries.
(3) Host, advertise, or otherwise support.--The term
``host, advertise, or otherwise support'' includes such activities as social media, background checks, transportation or escort, meal services, event venues, non-governmental or non-military related flags, banners, and fliers.
______
SA 1072. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION I--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2023
SEC. 11001. SHORT TITLE.
This division may be cited as the ``Native American Housing Assistance and Self-Determination Reauthorization Act of 2023''.
SEC. 11002. CONSOLIDATION OF ENVIRONMENTAL REVIEW
REQUIREMENTS.
Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following:
``(e) Consolidation of Environmental Review Requirements.--
``(1) In general.--In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project.
``(2) Discharge.--The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project.
``(3) Certification.--An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection
(c)--
``(A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and
``(B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1).
``(4) Liability.--
``(A) In general.--An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review.
``(B) Remedies and sanctions.--Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with--
``(i) the regulations issued pursuant to section 106; or
``(ii) such regulations as are issued by the other head.
``(C) Statutory violation waivers.--If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph
(1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency.''.
SEC. 11003. AUTHORIZATION OF APPROPRIATIONS.
Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first sentence, by striking ``2009 through 2013'' and inserting ``2024 through 2030''.
SEC. 11004. STUDENT HOUSING ASSISTANCE.
Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting ``including college housing assistance'' after ``self-sufficiency and other services,''.
SEC. 11005. APPLICATION OF RENT RULE ONLY TO UNITS OWNED OR
OPERATED BY INDIAN TRIBE OR TRIBALLY DESIGNATED
HOUSING ENTITY.
Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by inserting ``owned or operated by a recipient and'' after ``residing in a dwelling unit''.
SEC. 11006. DE MINIMIS EXEMPTION FOR PROCUREMENT OF GOODS AND
SERVICES.
Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking ``$5,000'' and inserting ``$10,000''.
SEC. 11007. HOMEOWNERSHIP OR LEASE-TO-OWN LOW-INCOME
REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (C), by striking ``and'' at the end; and
(B) by adding at the end the following:
``(E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease- purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and''; and
(2) in subsection (c)--
(A) by striking ``The provisions'' and inserting the following:
``(1) In general.--The provisions''; and
(B) by adding at the end the following:
``(2) Applicability to improvements.--The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home.''.
SEC. 11008. LEASE REQUIREMENTS AND TENANT SELECTION.
Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the end the following:
``(c) Notice of Termination.--The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act.''.
SEC. 11009. INDIAN HEALTH SERVICE.
(a) In General.--Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end the following:
``SEC. 211. IHS SANITATION FACILITIES CONSTRUCTION.
``Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of the Native American Housing Assistance and Self- Determination Act of 1996 (Public Law 104-330; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following:
``Sec. 211. IHS sanitation facilities construction.''.
SEC. 11010. STATUTORY AUTHORITY TO SUSPEND GRANT FUNDS IN
EMERGENCIES.
Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended--
(1) in subparagraph (A), by striking ``may take an action described in paragraph (1)(C)'' and inserting ``may immediately take an action described in paragraph (1)(C)''; and
(2) by striking subparagraph (B) and inserting the following:
``(B) Procedural requirements.--
``(i) In general.--If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action.
``(ii) Notice requirements.--The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice.
``(iii) Hearing requirements.--A hearing requested under clause (ii) shall be conducted--
``(I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and
``(II) to the maximum extent practicable, on an expedited basis.
``(iv) Failure to conduct a hearing.--If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective.''.
SEC. 11011. REPORTS TO CONGRESS.
Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended--
(1) in subsection (a), by striking ``Congress'' and inserting ``Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives''; and
(2) by adding at the end the following:
``(c) Public Availability.--The report described in subsection (a) shall be made publicly available, including to recipients.''.
SEC. 11012. 99-YEAR LEASEHOLD INTEREST IN TRUST OR RESTRICTED
LANDS FOR HOUSING PURPOSES.
Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended--
(1) in the section heading, by striking ``50-year'' and inserting ``99-year'';
(2) in subsection (b), by striking ``50 years'' and inserting ``99 years''; and
(3) in subsection (c)(2), by striking ``50 years'' and inserting ``99 years''.
SEC. 11013. AMENDMENTS FOR BLOCK GRANTS FOR AFFORDABLE
HOUSING ACTIVITIES.
Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by--
(1) by striking ``The Director'' and inserting the following:
``(1) In general.--The Director''; and
(2) by adding at the end the following:
``(2) Subawards.--Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act.''.
SEC. 11014. REAUTHORIZATION OF NATIVE HAWAIIAN HOMEOWNERSHIP
PROVISIONS.
Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by striking ``such sums as may be necessary'' and all that follows through the period at the end and inserting ``such sums as may be necessary for each of fiscal years 2024 through 2030.''.
SEC. 11015. TOTAL DEVELOPMENT COST MAXIMUM PROJECT COST.
Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities.
SEC. 11016. COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AND
SPECIAL ACTIVITIES BY INDIAN TRIBES.
Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:
``(i) Indian Tribes and Tribally Designated Housing Entities as Community-based Development Organizations.--
``(1) Definition.--In this subsection, the term `tribally designated housing entity' has the meaning given the term in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103).
``(2) Qualification.--An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1).
``(j) Special Activities by Indian Tribes.--An Indian tribe receiving a grant under paragraph (1) of section 106(a)(1) shall be authorized to directly carry out activities described in paragraph (15) of such section 106(a)(1).''.
SEC. 11017. SECTION 184 INDIAN HOME LOAN GUARANTEE PROGRAM.
(a) In General.--Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Authority.--To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land.''; and
(2) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;
(ii) by striking ``The loan'' and inserting the following:
``(A) In general.--The loan'';
(iii) in subparagraph (A), as so designated, by adding at the end the following:
``(v) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and
(iv) by adding at the end the following:
``(B) Direct guarantee process.--
``(i) Authorization.--The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section.
``(ii) Indemnification.--
``(I) In general.--If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default.
``(II) Fraud or misrepresentation.--If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid.
``(C) Review of mortgagees.--
``(i) In general.--The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section.
``(ii) Requirements.--In conducting a review under clause
(i), the Secretary--
``(I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee;
``(II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary;
``(iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and
``(I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)--
``(aa) based on a comparison of any of the factors set forth in this subparagraph; or
``(bb) by a determination that the mortgagee engaged in fraud or misrepresentation.''; and
(C) in paragraph (5)(A), by inserting before the semicolon at the end the following: ``except, as determined by the Secretary, when there is a loan modification under subsection
(h)(1)(B), the term of the loan shall not exceed 40 years''.
(b) Loan Guarantees for Indian Housing.--Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a(i)(5)) is amended--
(1) in subparagraph (B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030.''; and
(2) in subparagraph (C), by striking ``2008 through 2012'' and inserting ``2024 through 2030''.
SEC. 11018. LOAN GUARANTEES FOR NATIVE HAWAIIAN HOUSING.
Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b) is amended--
(1) in subsection (b), by inserting ``, and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii'' after ``markets'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) Eligible housing.--The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.'';
(B) in paragraph (4)--
(i) in subparagraph (B)--
(I) by redesignating clause (iv) as clause (v); and
(II) by adding after clause (iii) the following:
``(iv) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).''; and
(ii) by adding at the end the following:
``(C) Indemnification.--
``(i) In general.--If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this section was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this section to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default.
``(ii) Direct guarantee endorsement.--The Secretary may, dependent on the availability of systems development and staffing resources, delegate to eligible lenders the authority to directly endorse loans under this section.
``(iii) Fraud or misrepresentation.--If fraud or misrepresentation was involved in the direct guarantee endorsement process by a lender under this section, the Secretary shall require the approved direct guarantee endorsement lender to indemnify the Secretary for any loss or potential loss, regardless of whether the fraud or misrepresentation caused or may cause the loan default.
``(iv) Implementation.--The Secretary may implement any requirements described in this subparagraph by regulation, notice, or Dear Lender Letter.''.
(C) in paragraph (5)(A), by inserting before the semicolon at the end the following: ``except, as determined by the Secretary, when there is a loan modification under subsection
(i)(1)(B), the term of the loan shall not exceed 40 years'';
(3) in subsection (d)--
(A) in paragraph (1), by adding at the end the following:
``(C) Exception.--When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and
(B) of this paragraph shall not apply.'';
(B) by amending paragraph (2) to read as follows:
``(2) Standard for approval.--
``(A) Approval.--The Secretary may approve a loan for guarantee under this section and issue a certificate under this subsection only if the Secretary determines that there is a reasonable prospect of repayment of the loan.
``(B) Exceptions.--When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii)--
``(i) subparagraph (A) shall not apply; and
``(ii) the direct guarantee endorsement lender may issue a certificate under this paragraph as evidence of the guarantee in accordance with requirements prescribed by the Secretary.''; and
(C) in paragraph (3)(A), by inserting ``or, where applicable, the direct guarantee endorsement lender,'' after
``Secretary'' and
(4) in subsection (j)(5)(B), by inserting after the first sentence the following: ``There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030.''.
SEC. 11019. DRUG ELIMINATION PROGRAM.
(a) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled substance'' has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) Drug-related crime.--The term ``drug-related crime'' means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.
(3) Recipient.--The term ``recipient''--
(A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); and
(B) includes a recipient of funds under title VIII of that Act (25 U.S.C. 4221 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.
(b) Establishment.--The Secretary may, in consultation with the Bureau of Indian Affairs and relevant Tribal law enforcement agencies, make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-related and violent crime.
(c) Eligible Activities.--Grants under this section may be used for--
(1) the employment of security personnel;
(2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services;
(3) physical improvements which are specifically designed to enhance security;
(4) the employment of 1 or more individuals--
(A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(B) to provide evidence relating to such crime in any administrative or judicial proceeding;
(5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials;
(6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), including drug-abuse prevention, intervention, referral, and treatment programs;
(7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents;
(8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and
(9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math.
(d) Applications.--
(1) In general.--To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by--
(A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and
(B) such additional information as the Secretary may reasonably require.
(2) Criteria.--The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as--
(A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance;
(B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years;
(C) the capability of the applicant to carry out the plan; and
(D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application.
(e) High Intensity Drug Trafficking Areas.--In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).
(f) Reports.--
(1) Grantee reports.--The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section.
(2) HUD reports.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of--
(A) the methodology used to distribute amounts made available under this section; and
(B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2).
(g) Notice of Funding Awards.--The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants.
(h) Monitoring.--
(1) In general.--The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section.
(2) Prohibition of funding baseline services.--
(A) In general.--Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs.
(B) Description.--Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located.
(3) Enforcement.--The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include--
(A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph
(2);
(B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and
(C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)
(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal years 2024 through 2030 to carry out this section.
SEC. 11020. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN
VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
``(E) Indian veterans housing rental assistance program.--
``(i) Definitions.--In this subparagraph:
``(I) Eligible indian veteran.--The term `eligible Indian veteran' means an Indian veteran who is--
``(aa) homeless or at risk of homelessness; and
``(bb) living--
``(AA) on or near a reservation; or
``(BB) in or near any other Indian area.
``(II) Eligible recipient.--The term `eligible recipient' means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4111).
``(III) Indian; indian area.--The terms `Indian' and
`Indian area' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103).
``(IV) Indian veteran.--The term `Indian veteran' means an Indian who is a veteran.
``(V) Program.--The term `Program' means the Tribal HUD- VASH program carried out under clause (ii).
``(VI) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
``(ii) Program specifications.--The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the
`Tribal HUD-VASH program', in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans.
``(iii) Model.--
``(I) In general.--Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs.
``(II) Exceptions.--
``(aa) Secretary of housing and urban development.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
``(bb) Secretary of veterans affairs.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.
``(iv) Eligible recipients.--The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients.
``(v) Funding criteria.--The Secretary shall award grants under the Program based on--
``(I) need;
``(II) administrative capacity; and
``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs.
``(vi) Administration.--Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall--
``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and
``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans.
``(vii) Consultation.--
``(I) Grant recipients; tribal organizations.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program.
``(II) Indian health service.--The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program.
``(viii) Waiver.--
``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans.
``(II) Exception.--The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.
``(ix) Renewal grants.--The Secretary may--
``(I) set aside, from amounts made available for tenant- based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and
``(II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program.
``(x) Reporting.--
``(I) In general.--Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall--
``(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and
``(bb) submit a report describing the results of the review under item (aa) to--
``(AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and
``(BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.
``(II) Analysis of housing stock limitation.--The Secretary shall include in the initial report submitted under subclause
(I) a description of--
``(aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program;
``(bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and
``(cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.''.
SEC. 11021. CONTINUUM OF CARE.
(a) Definitions.--In this section--
(1) the terms ``collaborative applicant'' and ``eligible entity'' have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360); and
(2) the terms ``Indian tribe'' and ``tribally designated housing entity'' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103).
(b) Nonapplication of Civil Rights Laws.--With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading ``Homeless Assistance Grants'' in the Department of Housing and Urban Development Appropriations Act, 2021
(Public Law 116-260) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications by or awards for projects to be carried out--
(1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or
(2) on reservation or trust lands for awards made to eligible entities.
(c) Certification.--With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading ``Homeless Assistance Grants'' under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a)--
(1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);
(2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and
(3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)).
SEC. 11022. LEVERAGING.
All funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal housing program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accordance with that Act.
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SOURCE: Congressional Record Vol. 169, No. 129
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