The Clerk read the title of the bill.
The text of the amendment is as follows:
Text printed in the Record (10,320 characters)
At the end of title V, add the following new subtitle:
Subtitle __--Military Chaplains Modernization Act of 2026
SEC. 5__. SHORT TITLE.
This subtitle may be cited as the "Military Chaplains Modernization Act of 2026".
SEC. 5__. FINDINGS.
Congress makes the following findings:
(1) Religion and religious liberty have always served an essential role in society, culture, and military service, making them necessary for good democratic governance and a strong military.
(2) George Washington, as a young colonel, recognized the importance of religious practice for his soldiers, repeatedly requesting chaplains for his troops and periodically performing religious duties himself.
(3) When the Second Continental Congress established the Continental Army in June 1775, it recommended "all officers and soldiers diligently to attend Divine Service".
(4) In 1775, at the behest of George Washington, then General of the Continental Army, the Second Continental Congress established the Federal chaplaincy that is in existence to this day, making it one of the oldest military services provided for American troops.
(5) From their earliest days, military chaplains have existed to provide pastoral care, meeting the religious needs of members of the Armed Forces and their families.
(6) In 1775, the Continental Congress, understanding the significance of chaplaincy, similarly instructed its fledgling navy that, "The commanders of the ships of the Thirteen United Colonies are to take care that divine services be performed twice a day on board, and a sermon preached on Sundays, unless bad weather or other extraordinary accidents prevent it.".
(7) John Adams instructed his Secretary of the Navy on the influence of a Navy chaplaincy, stating, "I know not whether the commanders of our ships have given much attention to this subject [chaplains], but in my humble opinion, we shall be very unskillful politicians as well as bad Christians and unwise men if we neglect this important office in our infant Navy.".
(8) In 1942, Franklin D. Roosevelt also acknowledged the importance of the chaplaincy by vowing to "never fail to provide for the spiritual needs of our officers and men under the Chaplains of our armed forces", and during World War II, President Roosevelt had Bibles printed and provided to troops in the field.
(9) Understanding the importance of religion not only to the members of the United States military, but also to the United States as a whole, the Founders ratified the First Amendment to the United States Constitution in 1791.
(10) Under the First Amendment, which applies to the Armed Forces, the Federal Government has a constitutional duty to provide for the religious exercise of members of the Armed Forces, an obligation to which the chaplain corps is essential.
(11) The Supreme Court stated, in Kennedy v. Bremerton School District, 597 U.S. 507 (2022), that the court is "aware of no historically sound understanding of the Establishment Clause that begins to `mak[e] it necessary for government to be hostile to religion'. . .".
(12) In Kennedy v. Bremerton School District, the Supreme Court further explained that "the Establishment Clause does not include anything like a `modified heckler's veto, in which . . . religious activity can be proscribed' based on `perceptions' or `discomfort' " and that the Clause does not " `compel the government to purge from the public sphere' anything an objective observer could reasonably infer endorses or `partakes of the religious' ".
(13) The Supreme Court made clear in Parker v. Levy, 417 U.S. 733 (1974) that chaplains in the Armed Forces do not forfeit their First Amendment rights by virtue of their military service.
(14) Section 6 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-3) specifies that that Act (42 U.S.C. 2000bb et seq.) "applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after [November 16, 1993]".
SEC. 5__. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR ARMY CHAPLAINS.
(a) Chaplains.--Section 7073 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (1) the following new paragraph:
"(2) the Deputy Chief of Chaplains;
"(3) the Deputy Chief of Chaplains for the Army Reserve;
"(4) the Deputy Chief of Chaplains for the Army National Guard;";
(2) by redesignating subsection (b) as subsection (f);
(3) by inserting after subsection (a) the following new subsections:
"(b) The Chief of Chaplains shall serve as a principal advisor to the Secretary of the Army and the Chief of Staff of the Army.
"(c) The Deputy Chief of Chaplains shall serve under the authority, direction, and control of the Chief of Chaplains.
"(d) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for the Army Reserve shall serve as a principal advisor to the Chief of the Army Reserve.
"(e) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for the Army National Guard shall serve as a principal advisor to the Chief of the National Guard Bureau."; and
(4) adding at the end the following new subsection:
"(g) The Deputy Chiefs of Chaplains, while so serving, hold the grade of brigadier general.".
(b) Chiefs of Branches: Appointment; Duties.--Section 7036 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection (g):
"(g) The Chief of Chaplains serves as the principal advisor to the Secretary of the Army and the Chief of Staff of the Army on chaplaincy matters and the provision of religious support in the Army, including strategic planning and the development of policies that affect religious support or have a nexus with the chaplaincy.".
(c) Chaplains.--Section 7217 of title 10, United States Code, is amended to read as follows:
"Sec. 7217. Duties, responsibilities, requirements, and
protections for Army chaplains
"(a) Duties, Responsibilities, and Requirements.--(1) The Army Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Army and the Chief of Chaplains of the Army.
"(2) The Army Chaplaincy shall be overseen by the Chief of Chaplains and shall--
"(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion's influence on military operations, which shall include, but not be limited to--
"(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1), and related statutes and policies;
"(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
"(iii) assisting commanders by serving as advisers with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
"(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
"(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents of members, potentially in isolated or combat environments;
"(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
"(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
"(E) maintain confidential, sacramental, and privileged communications, including those recognized under applicable laws and policies.
"(3) The tasks of chaplains in the Army shall include, but not be limited to, the following:
"(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
"(B) Counseling, meeting, advising, and praying with individuals or groups.
"(C) Providing crisis prevention and response.
"(D) Providing pastoral and spiritual care, guidance, support, and activities.
"(E) Advising on religious accommodation requests.
"(F) Providing religious training and education.
"(b) Protections.--(1) A chaplain's duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization.
"(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
"(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(4) No member of the Armed Forces may--
"(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
"(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the religious-endorsing organization of the chaplain, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C.
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2000bb-1);
"(C) retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a chaplain, any adverse personnel action including--
"(i) denial of promotion, schooling, training, assignment, or financial recoupment;
"(ii) issuance of letters of reprimand; or
"(iii) any other adverse action or entry in the chaplain's record; or
"(D) preclude a chaplain from conducting an activity described in paragraph (2).
"(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
"(c) Assistance by Commanding Officers.--Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
"(d) Definitions.--In this section:
"(1) Administrative endorser.--The term `administrative endorser' means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that--
"(A) are religious-endorsing organizations;
"(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
"(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
"(2) Adverse personnel action.--The term `adverse personnel action' means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including--
"(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
"(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
"(3) Censorship.--The term `censorship' means any governmental action taken to suppress or restrict information, ideas, or expression.
"(4) Confidential, sacramental, and privileged communications.--The term `confidential, sacramental, and privileged communications' means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor.
"(5) Religious-endorsing organization.--(A) The term `religious-endorsing organization' means an entity that--
"(i)(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
"(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
"(ii)(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
"(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
"(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
"(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).".
SEC. 5__. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR NAVY CHAPLAINS.
(a) Chaplain Corps and Chief of Chaplains.--Section 8082 of title 10, United States Code, is amended by adding at the end the following new subsection:
"(f) The Chief of Chaplains shall serve as a principal adviser to the Secretary of the Navy and the Chief of Naval Operations.".
(b) Deputy Chiefs of Chaplains.--Section 8082a of title 10, United States Code, is amended to read as follows:
"Sec. 8082a. Deputy Chiefs of Chaplains
"(a) The Secretary of the Navy shall detail as Deputy Chiefs of Chaplains officers of the Chaplain Corps in the grade of commander or above who are on active duty and who have served on active duty in the Chaplain Corps for at least eight years.
"(b) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains shall also serve as the Chaplain of the Marine Corps and shall serve as a principal advisor to the Commandant of the Marine Corps.
"(c) Under the authority, direction, and control of the Chief of Chaplains, the Deputy Chief of Chaplains for Reserve Matters shall also serve as a principal advisor to the Chief of Navy Reserve.
"(d) The Deputy Chiefs of Chaplains, while so serving, hold the grade of rear admiral (lower half).".
(c) Chaplains.--Section 8221 of title 10, United States Code, is amended to read as follows:
"Sec. 8221. Duties, responsibilities, requirements, and
protections for Navy chaplains
"(a) Duties, Responsibilities, and Requirements.--(1) The Navy Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Navy and the Chief of Chaplains of the Navy.
"(2) The Navy Chaplaincy shall be overseen by the Chief of Chaplains and shall--
"(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion's influence on military operations, which shall include, but not be limited to--
"(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1), and related statutes and policies;
"(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
"(iii) assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
"(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
"(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents, potentially in isolated or combat environments;
"(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
"(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
"(E) maintain confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(3) The tasks of chaplains in the Navy shall include, but not be limited to, the following:
"(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
"(B) Counseling, meeting, advising, and praying with individuals or groups.
"(C) Providing crisis prevention and response.
"(D) Providing pastoral and spiritual care, guidance, support, and activities.
"(E) Advising on religious accommodation requests.
"(F) Providing religious training and education.
"(b) Protections.--(1) A chaplain's duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization.
"(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
"(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(4) No member of the Armed Forces may--
"(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or
speech, contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
"(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C.
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2000bb-1);
"(C) retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a chaplain, any adverse personnel action including--
"(i) denial of promotion, schooling, training, assignment, or financial recoupment;
"(ii) issuance of letters of reprimand; or
"(iii) any other adverse action or entry in the chaplain's record; or
"(D) preclude a chaplain from conducting an activity described in paragraph (2).
"(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
"(c) Assistance by Commanding Officers.--Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
"(d) Definitions.--In this section:
"(1) Administrative endorser.--The term `administrative endorser' means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that--
"(A) are religious-endorsing organizations;
"(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
"(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
"(2) Adverse personnel action.--The term `adverse personnel action' means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including--
"(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
"(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
"(3) Censorship.--The term `censorship' means any governmental action taken to suppress or restrict information, ideas, or expression.
"(4) Confidential, sacramental, and privileged communications.--The term `confidential, sacramental, and privileged communications' means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor.
"(5) Religious-endorsing organization.--(A) The term `religious-endorsing organization' means an entity that--
"(i)(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
"(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
"(ii)(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
"(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
"(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
"(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).".
SEC. 5__. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR AIR FORCE CHAPLAINS.
(a) Chief of Chaplains.--Section 9039 of title 10, United States Code, is amended by adding at the end the following:
"(d) The Chief of Chaplains shall serve as the principal adviser to the Secretary of the Air Force and the Chief of Staff of the Air Force on chaplaincy and religious support, including strategic planning and policy development related to those areas.
"(e) The Air Force Chaplaincy, which also services the Space Force, shall--
"(1) be overseen by the Office of the Chief of Chaplains; and
"(2) advise and assist commanders in ensuring the right of members of the armed forces to religious freedom, in accordance with the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1), and applicable laws and policies.".
(b) Deputy Chief of Chaplains.--Chapter 905 of title 10, United States Code, is amended by inserting after section 9039 the following new section:
"Sec. 9039a. Deputy Chief of Chaplains: appointment; duties
"(a) The Secretary of the Air Force shall detail as a Deputy Chief of Chaplains one or more officers of the Chaplain Corps in the grade of colonel or above who are on active duty and who have served on active duty in the Chaplain Corps for at least eight years.
"(b) Under the authority, direction, and control of the Chief of Chaplains, a Deputy Chief of Chaplains shall also serve as the Chaplain of the Space Force and shall serve as a principal advisor to the Chief of Space Operations.
"(c) A Deputy Chief of Chaplains, while so serving, holds the grade of brigadier general.".
(c) The Air Staff: Function; Composition.--Section 9031 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and
(2) by inserting after paragraph (6) the following new paragraph (7):
"(7) The Chief of Chaplains for the Air Force and the Space Force.".
(d) Chaplains.--Section 9217 of title 10, United States Code, is amended to read as follows:
"Sec. 9217. Duties, responsibilities, requirements, and
protections for Air Force chaplains
"(a) Duties, Responsibilities, and Requirements.--(1) The Air Force Chaplaincy shall perform such duties as may be prescribed by the Secretary of the Air Force and the Chief of Chaplains of the Air Force.
"(2) The Air Force Chaplaincy shall be overseen by the Chief of Chaplains and shall--
"(A) serve as principal advisers to commanders on all issues concerning religious practices, spiritual readiness, spiritual care, religious provisions, and religion's influence on military operations, which shall include, but not be limited to--
"(i) advising and assisting commanders in discharging their responsibilities to provide for the free exercise of religion in military service, pursuant to the First Amendment to the Constitution of the United States, section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1), and related statutes and policies;
"(ii) assisting commanders in managing religious affairs, including the accommodation of religious practices and the development of policies and procedures related to the free exercise of religion;
"(iii) assisting commanders by serving as an adviser with respect to all religious accommodation requests and by providing advice on spiritual readiness and matters concerning religion, morals, ethics, well-being, and morale; and
"(iv) overseeing education and training programs concerning the accommodation of religious practices for members of the armed forces;
"(B) meet the religious requirements and care for the spiritual needs of members of the armed forces, other authorized persons, and dependents, potentially in isolated or combat environments;
"(C) have a primary role in providing for the free exercise of religion and other religious requirements associated with the free exercise of religion;
"(D) facilitate meeting the religious needs and requirements for members of the armed forces to whom an assigned chaplain cannot directly minister; and
"(E) maintain confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(3) The tasks of chaplains in the Air Force shall include, but not be limited to, the following:
"(A) Performing religious rites, rituals, services, ordinances, ceremonies, and observances (such as memorials, weddings, retirements, sermons, worship, and burials).
"(B) Counseling, meeting, advising, and praying with individuals or groups.
"(C) Providing crisis prevention and response.
"(D) Providing pastoral and spiritual care, guidance, support, and activities.
"(E) Advising on religious accommodation requests.
"(F) Providing religious training and education.
"(b) Protections.--(1) A chaplain's duties, responsibilities, and requirements, as set forth in subsection (a), shall be conducted in a manner consistent with the chaplain's sincerely held religious beliefs and the manner, form, and tenets of the chaplain's religious-endorsing organization.
"(2) A chaplain shall have the right to conduct public worship, provide counseling, teach, deliver sermons, advise, minister, and offer prayer in accordance with the chaplain's sincerely held religious beliefs and the
manner, form, and tenets of the chaplain's religious-endorsing organization. Those activities shall be free from censorship, undue restriction, or fear of retribution.
"(3) A chaplain shall uphold the chaplain's duty to protect confidential, sacramental, and privileged communications, including communications recognized under applicable laws and policies.
"(4) No member of the Armed Forces may--
"(A) require or assign a chaplain to perform any rite, ritual, ceremony, sermon, or speech contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization;
"(B) require or assign a chaplain to perform any task or action contrary to the sincerely held religious beliefs of the chaplain or contrary to the manner, form, or tenets of the chaplain's religious-endorsing organization, consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C.
Text printed in the Record (6,609 characters)
2000bb-1);
"(C) retaliate or discriminate against a chaplain based on the chaplain's refusal to comply with a requirement prohibited under this subsection, or take, with respect to such a chaplain, any adverse personnel action including--
"(i) denial of promotion, schooling, training, assignment, or financial recoupment;
"(ii) issuance of letters of reprimand; or
"(iii) any other adverse action or entry in the chaplain's record; or
"(D) preclude chaplains from exercising the activities described in paragraph (2).
"(5) A member of the Armed Forces who violates paragraph (4) shall be subject to prosecution under the Uniform Code of Military Justice.
"(c) Assistance by Commanding Officers.--Each officer shall furnish facilities, including necessary transportation, to any chaplain assigned to the command of the officer, to assist the chaplain in performing the duties, responsibilities, and requirements of the chaplain under subsection (a).
"(d) Definitions.--In this section:
"(1) Administrative endorser.--The term `administrative endorser' means an organization that was approved to endorse chaplains for service in the armed forces under the requirements of the Department of Defense and the armed force in which those chaplains will serve, as in effect at the time the organization initially began endorsing chaplains, not on its own behalf, but on behalf of one or more external religious organizations that--
"(A) are religious-endorsing organizations;
"(B) at the time the organization initially began endorsing chaplains, did not possess the organizational capacity to endorse chaplains directly; and
"(C) were not members of, nor otherwise affiliated with, a fellowship or other organizational structure meeting the requirements set forth in paragraph (5)(A)(iii) that possessed authority to endorse chaplains.
"(2) Adverse personnel action.--The term `adverse personnel action' means any action taken against a member of the Armed Forces that affects or has the potential to adversely affect the member's current position or career, including--
"(A) a disciplinary action, transfer, negative performance evaluation, removal, separation, discharge, or mental health evaluation; and
"(B) a decision not to give the member a promotion, an increase in pay or benefits, an award, training, or relief.
"(3) Censorship.--The term `censorship' means any governmental action taken to suppress or restrict information, ideas, or expression.
"(4) Confidential, sacramental, and privileged communications.--The term `confidential, sacramental, and privileged communications' means any private communication made to a chaplain acting in the chaplain's capacity as a spiritual advisor.
"(5) Religious-endorsing organization.--(A) The term `religious-endorsing organization' means an entity that--
"(i)(I) is organized and functions primarily to perform religious ministries to nonmilitary lay members and meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve; and
"(II) possesses ecclesiastical authority to endorse and withdraw endorsements for chaplains serving under the authority of the entity to conduct religious observances or ceremonies in a military context; or
"(ii)(I) meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the entity will serve;
"(II) is organized and functions primarily to support member religious organizations and religious ministry professionals that function primarily to perform religious ministries to nonmilitary lay members; and
"(III) performs the function described in clause (i)(II) on behalf of its member religious organizations and religious ministry professionals.
"(B) An administrative endorser that endorses chaplains before the date of the enactment of this section may continue to endorse chaplains on and after such date of enactment if administrative endorser meets the requirements of the Department of Defense and the armed force in which chaplains endorsed by the administrative endorser will serve to provide documentation verifying that the religious organizations the administrative endorser represents meet the requirements of subclause (I) and (II) of subparagraph (A)(i).".
SEC. 5__. DEFINITION OF CHAPLAIN FOR TITLE 10, UNITED STATES
CODE.
Section 101(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
"(17) The term `chaplain' means a fully qualified religious ministry professional from a religious tradition who--
"(A) satisfies the professional qualifications of the chaplain's religious-endorsing organization (as defined in sections 7217, 8221, and 9217 of this title) and the educational requirements of the Department of Defense and the Armed Force in which the chaplain serves or will serve; and
"(B) is appointed as both an officer in the Chaplain Corps of the Armed Forces and a representative of the chaplain's religious-endorsing organization, to which the chaplain shall remain accountable to for providing religious ministry to the armed forces.".
SEC. 5__. EFFECT OF VIOLATIONS.
(a) In General.--A member of the Armed Forces who violates section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10, United States Code, as added by section 3, shall be subject to prosecution under section 934 of such title (article 134 of the Uniform Code of Military Justice).
(b) Regulations.--Not later than one year after the date of the enactment of this Act, the President shall--
(1) prescribe regulations establishing that a violation of section 7217(b)(4), 8221(b)(4), or 9217(b)(4) of title 10, United States Code, as added by section 3, constitutes an offense punishable under section 934 of such title (article 134 of the Uniform Code of Military Justice); and
(2) revise the Manual for Courts-Martial to include such offenses.
SEC. 5__. REGULATIONS.
The Secretary of Defense shall prescribe such regulations as are necessary to carry out the amendments made by this subtitle.
SEC. 5__. CONFORMING AMENDMENTS.
(a) Existing Protections for Chaplains.--Section 533 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1030 note prec.) is amended--
(1) in the section heading, by striking "and chaplains of such members";
(2) by striking subsection (b); and
(3) by redesignating subsection (c) as subsection (b).
(b) Professional Functions of the Air Force.--Section 9063(h) of title 10, United States Code, is amended by adding "in accordance with section 9217(a)" after "Secretary".
The question was taken; and the Acting Chair announced that the ayes appeared to have it.
The text of the amendment is as follows:
Text printed in the Record (11,460 characters)
At the end of subtitle B of title II, add the following new section:
SEC. 2__. NATIONAL SECURITY INVESTOR PERSONNEL CLEARANCE
PILOT PROGRAM.
(a) Establishment.--The Secretary of Defense, acting through the Defense Counterintelligence and Security Agency, shall establish a pilot program under which eligible investors may sponsor and maintain security clearances for certain personnel for the purpose of supporting investments in small- and medium-sized businesses developing technologies relevant to the national security interests of the United States.
(b) Authority to Sponsor Security Clearances.--
(1) In general.--An eligible investor may sponsor security clearances for cleared investment professionals, subject to approval by the Secretary of Defense.
(2) Relationship to specific contracts.--A security clearance granted under this section may be maintained independent of any specific Federal Government contract, provided the sponsoring investor remains eligible under this section.
(3) Access level.--Cleared investment professionals may access classified information only pursuant to a lawful determination of need-to-know and in accordance with applicable laws, regulations, and security procedures.
(c) Authorized Purposes.--A security clearance granted under this section may be used solely for purposes of--
(1) conducting diligence on covered companies;
(2) supporting the development, scaling, and commercialization of technologies relevant to national security;
(3) facilitating engagement between covered companies and the Department of Defense, intelligence community, or any other Federal agencies;
(4) providing strategic, operational, technical, governance, or management support to covered companies; and
(5) assisting covered companies in obtaining contracts, grants, cooperative agreements, facility clearances, personnel clearances, or other authorizations necessary to support national security missions.
(d) Security Requirements.--
(1) Facility clearance.--Each eligible investor participating in the pilot program shall maintain a facility clearance or such alternative security arrangement as the Secretary of Defense determines appropriate.
(2) Compliance with other requirements.--Each eligible investor participating in the pilot program shall comply with all applicable industrial security requirements, insider threat requirements, and reporting obligations.
(3) Suspension.--The Secretary of Defense may suspend or revoke an individual's or entity's eligibility to participate in the pilot program for any violation of security requirements or for any foreign ownership, control, or influence concern.
(e) Limitations.--
(1) In general.--No participant in the pilot program may
use access to classified information for personal financial
gain, securities trading, market manipulation, or any purpose
unrelated to supporting covered companies and national
security objectives.
(2) Foreign persons.--No foreign person may serve as a
cleared investment professional under this section.
(3) No preference in federal awards.--Participation in the
pilot program shall not confer any preference in the award of
Federal contracts, grants, or other Federal assistance.
(f) Participation.--
(1) In general.--The Secretary may approve any eligible
investor and any cleared investment professional that
satisfies the requirements of this section and any
regulations promulgated pursuant to this section.
(2) Rule of construction.--Nothing in this section shall be
construed to impose a numerical limitation on the number of
participating investors, cleared investment professionals, or
covered companies that may participate in the program.
(g) Annual Report.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the congressional
defense committees a report describing--
(1) the number of eligible investors participating in the
pilot program under this section;
(2) the number and type of clearances sponsored under the
program;
(3) the number of covered companies supported through the
program;
(4) measurable impacts of the program on defense
innovation, manufacturing capacity, technology transition,
and the defense industrial base;
(5) any security incidents or counterintelligence concerns
identified during implementation of the program; and
(6) recommendations for improving the effectiveness of the
program.
(h) Sunset.--The authority provided by this section shall
terminate on the date that is five years after the date of
the enactment of this Act unless subsequently reauthorized by
law.
(i) Definitions.--In this section:
(1) The term "cleared investment professional" means an
employee, partner, member, advisor, director, officer,
operating partner, consultant, or other representative of an
eligible investor who has been granted a security clearance
under this section.
(2) The term "covered company" means a United States
small business concern, as defined in section 3 of the Small
Business Act (15 U.S.C. 632), or a medium-sized business
designated by the Secretary, that is engaged in the
development, production, or commercialization of technology,
products, or services relevant to national security.
(3) The term "eligible investor" means a United States
person or entity that--
(A) provides equity, debt, strategic, operational, or other
investment support to United States businesses;
(B) is not owned, controlled, or influenced by a foreign
person;
(C) demonstrates a history of investing in, supporting, or
developing technologies, products, or services with defense,
intelligence, homeland security, or other national security
applications; and
(D) meets such additional requirements as the Secretary of
Defense may prescribe.
The Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from California (Mr. Issa) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. ISSA. Mr. Chair, I rise in support of this amendment.
We are in changing times. The ongoing battles, both in Iran and in Ukraine, have taught us an important lesson. That is that large, long-term vendors for production of innovative tools don't work together. The lead time is too long. The requirement for us to innovate at the Department of War simply isn't working. We need to have small, innovative companies to be able to come forward and be given small allotments in order to develop. However, those allotments are seldom sufficient to operate a company for 1, 2, or 3 years to develop and get a contract going.
For that reason, like other startups of all sorts, particularly in the technology field in America, they would normally go to private funding, go to venture firms. But there is a problem. If what you are producing for the Department of War or any other part of our government is classified, you have to say: I have a new product. I can't tell you about it. Trust me and invest.
That simply doesn't work.
More importantly, the requirements from within the government often are not available to the investor. Therefore, it is difficult to get.
My amendment deals with this serious problem in a predictable and controlled way. Our 5-year pilot program simply says that with the permission of the Department of War, individuals within qualified investment firms may receive or update their clearances so that they can be part of the investment decision.
It does not preclude their being excluded for any reason, including--and I particularly want to note this--companies which have a foreign investment profile would have to disclose and may very well be excluded.
However, the American investment community with American funds is more than sufficient to find, seek out, and invest in innovative companies that can give us a low-cost antidrone product or a low-cost drone, or any other number of critically needed and affordable products.
For that reason, we are asking that the Department of War under this pilot program be empowered to allow for these nonoriginal participants to have, on a limited basis, with controls completely in the hands of the Secretary of War and while he retains full authority to revoke participation for any security violation, foreign ownership, control, influence, or any other concern.
With that, I reserve the balance of my time.
Mr. CASTEN. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentleman from Illinois is recognized for 5 minutes.
Mr. CASTEN. Mr. Speaker, I rise in opposition to this amendment.
This amendment would give the Secretary of Defense sweeping discretion to grant the highest level of security clearances to an unlimited number of investment professionals without any contract, mission, or defined purpose.
Now, the theory, as we just heard, is that these investors would then conduct due diligence and steer Federal resources toward companies that can support our national defense.
In practice, this would turn our national secrets into another way for the Trump White House to monetize their jobs, putting their friends' wealth over the national interest.
Now, lest anybody accuse me of making a partisan point, let's review some recent history, tying specifically to the individuals in the Trump administration who would be making decisions about how to share our national secrets.
In the weeks leading up to President Trump's military strikes on Iran, reports found that Secretary Hegseth's broker inquired about a multimillion dollar investment in major defense companies.
Earlier this year, President Trump's own leadership PAC sent fundraising emails that offered his donors access to national security debriefings on threats, border security, and foreign adversaries.
Don Trump, Jr.'s venture capital firm has invested in more than a dozen defense tech companies. Subsequent to his investment, those companies secured $3.2 billion in direct government business and $3.1 billion in additional future contract options.
In one case, the White House directly pressured the Department of Defense to provide $620 million in financing to one of young Donald's portfolio companies.
Speaking of the children, the Trump administration recently approved $1.6 billion in Federal financing for a small U.S. company to lead a major mining project in Kazakhstan. That company is not only partially owned by Donald Trump's children, but the deal was negotiated by Secretary of Commerce Lutnick's children.
Hell, even Donald Trump's teleprompter operator is in on the action, having just made $100,000 by betting on Trump's speeches that only he had seen on prediction markets.
Of course, just this past week, Trump Media announced plans to sell early access to the President's market-moving Truth Social posts so that Trump can make money while you front-run the stock market.
To be sure, Mr. Issa's amendment does specifically say that no investor may use classified information for personal financial gain. But I would ask you: Who in the Trump White House is going to enforce that provision? Trump? Lutnick? His personal lawyer, Todd Blanche? I think we know better.
What we have here is an amendment to provide investment professionals with both the means and the motive to engage in insider trading, to help the rich get richer, and to compromise the integrity of U.S. financial markets.
The question that we have right now in this amendment is a really simple one: What do you stand for? If you stand for corruption, vote "yes". But if you stand for national security, for integrity, and for capitalism, vote "no".
That may be a character test for some in this Chamber, but it is not a remotely close call.
Mr. Chair, I reserve the balance of my time.
The question was taken; and the Acting Chair announced that the ayes appeared to have it.
The text of the amendment is as follows:
Text printed in the Record (1,325 characters)
At the end of subtitle B of title XXXI, add the following new section:
SEC. 31__. PROHIBITION ON AVAILABILITY OF FUNDS FOR NATIONAL
LABORATORIES THAT ADMIT CERTAIN FOREIGN
NATIONAL VISITORS.
(a) Prohibition.--No funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Energy may be obligated or expended for any National Laboratory that authorizes the admission of a covered visitor to any area of the National Laboratory not accessible to the general public.
(b) Definitions.--In this section:
(1) The term "covered visitor", with respect to a National Laboratory--
(A) means a foreign national from a country of concern (as such term is defined in section 8512 of the National Defense Authorization Act for Fiscal Year 2026 (50 U.S.C. 4581 note; Public Law 119-60)) that--
(i) is not an employee of the Department of Energy or a management and operations contractor operating the National Laboratory on behalf of the Department of Energy; and
(ii) has requested access to the premises, information, or technology of the National Laboratory; and
(B) does not include any lawful permanent resident of the United States.
(2) The term "National Laboratory" has the meaning given such term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
The amendment was agreed to.
The text of the amendment is as follows:
Text printed in the Record (1,821 characters)
At the end of subtitle C of title XXVIII, add the following new section:
SEC. 28__. PROHIBITION ON USE OF AUTOMATED SPEED ENFORCEMENT
CAMERAS ON MILITARY INSTALLATIONS.
Section 2661 of title 10, United States Code, is amended by inserting at the end the following new subsection:
"(e) Prohibition on Use of Automated Speed Enforcement Cameras.--(1) Notwithstanding any other provision of law, no Federal funds may be used by the Secretary of Defense to purchase, install, operate, maintain, or contract for the operation of an automated speed enforcement camera system on a military installation.
"(2) By not later than 180 days after the date of the enactment of this subsection, the Secretary shall ensure that any automated speed enforcement camera system in operation on a military installation as of the date of the enactment of this section is decommissioned and removed.
"(3) Nothing in this subsection may be construed to--
"(A) limit the authority of an installation commander to enforce posted speed limits on the military installation under the jurisdiction of the commander through means other than automated speed enforcement cameras; or
"(B) affect the use of any camera or photographic device for purposes of security, access control, force protection, or criminal investigation, so long as such camera or photographic device is not primarily used for speed enforcement.
"(4) In this subsection:
"(A) The term `automated speed enforcement camera system' means any system that uses a photographic, video, or other electronic device to--
"(i) automatically detect and record the speed of a motor vehicle; and
"(ii) generate a record of any vehicle traveling in excess of a posted speed limit.
"(B) The term `military installation' has the meaning given such term in section 2801 of this title.".
The question was taken; and the Acting Chair announced that the ayes appeared to have it.
Text printed in the Record (57 characters)
Amendments En Bloc No. 2 Offered by Mr. Rogers of Alabama
The Acting CHAIR11:50 a.m.
The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, and 158, printed in part A of House Report 119-755, offered by Mr. Rogers of Alabama.
Text printed in the Record (8,703 characters)
Add at the end of subtitle E of title VIII, the following new section:
SEC. 8__. ELIMINATION OF USE OF CERTAIN PAYMENT PROCESSING
EQUIPMENT, SYSTEMS, OR SERVICES.
(a) Review.--Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall complete a review of all retailers to determine if such retailers use covered equipment, systems, or services as a substantial or essential component of the performance of a contract to provide payment processing equipment, systems, or services for the Department of Defense.
(b) Guidance.--Not later than 90 days after completing the review required by subsection (a), the Secretary of Defense shall issue guidance prohibiting the use of covered equipment, systems, or services by a retailer in a contract with the Department of Defense. Such policy and guidance shall direct the modification or termination of such a contract unless the retailer for such contract ceases use of covered equipment, systems, or services in a timely manner.
(c) Prohibition.--Effective January 1, 2027, the Secretary of Defense may not enter into a contract for payment processing equipment, systems, or services with a retailer that uses covered equipment, systems, or services as a substantial or essential component of the performance of such contract.
(d) Report.--Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a written report on the implementation on the requirements of this section.
(e) Definitions.--In this section:
(1) The term "country of concern" means--
(A) China;
(B) Russia;
(C) the Islamic Republic of Iran;
(D) North Korea; and
(E) any other country designated by the Secretary of Defense, as posing a significant risk to the national security of the United States.
(2) The term "covered equipment, system, or service"--
(A) means a payment processing equipment, system, or service for which the application processor, source code, secure processor, or secure firmware is directly or indirectly developed, manufactured, provided, owned, controlled, or operated by--
(i) an entity organized under the laws of a country of concern;
(ii) an entity owned or controlled by the government of a country of concern;
(iii) an entity subject to the direction, jurisdiction, or control of the government, military, or intelligence services of a country of concern;
(iv) any subsidiary, affiliate, or successor entity of an entity described in clauses (i) through (iii); or
(v) an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected entity owned or controlled by a country of concern; and
(B) includes payment processing equipment, systems, or services substantially comprised of components, software, or technology supplied by an entity described in any of clauses (i) through (v) of subparagraph (A).
(3) The term "electronic fund transfer"--
(A) means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal (as defined in section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a)), telephone, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account; and
(B) includes point-of-sale transfers, automated teller machine transactions, and direct deposits or withdrawals of funds from an account.
(4) The term "payment processing equipment, system, or service" means--
(A) a card, code, or other means of access to a consumer's account, or any combination thereof, that may be used by the consumer to initiate electronic fund transfers; or
(B) an electronic device, other than a telephone operated by a consumer, through which a consumer may initiate an electronic fund transfer.
(5) The term "retailer" has the meaning given in section 4664 of title 10, United States Code.
Page 1341, line 22, strike "(b)" and insert "(c)".
(b) Recovery of Outlays.--Write-offs under subsection (a) shall be done in a manner than ensures any previous cash outlay from a revolving fund is recovered.
Amendment No. 107 Offered by Mr. Courtney of Connecticut
Add at the end of subtitle E of title XII the following:
SEC. 12__. MODIFICATION OF AUTHORIZATION OF SALE TO AUSTRALIA
OF IN-SERVICE VIRGINIA CLASS SUBMARINES TO
PROVIDE FOR SALE OF ADDITIONAL IN-SERVICE
SUBMARINE IN LIEU OF NEW CONSTRUCTION
SUBMARINE.
(a) Modification of Authorization.--Subsection (a) of section 1352 of the AUKUS Submarine Transfer Authorization Act (22 U.S.C. 10431 note) is amended--
(1) by striking "two" and inserting "three"; and
(2) by striking ", and transfer not more than one additional Virginia Class submarine to the Government of Australia on a sale basis".
(b) Technical Amendments.--Such section is further amended--
(1) in subsection (a)--
(A) by striking "Effective beginning on" and all that follows through "the President" and inserting "The President"; and
(B) by striking "20-year period beginning on the date of the enactment of this Act" and inserting "20-year period beginning on December 22, 2023";
(2) in subsection (d)(4), by striking "the date of the enactment of this Act" and inserting "December 22, 2023"; and
(3) in subsection (i)(1)--
(A) in the matter preceding subparagraph (A), by striking "Not later than" and all that follows through "15 years" and inserting "Not later than July 1 of each year through 2039"; and
(B) in subparagraph (D), by striking "over the" and all that follows through "this Act" and inserting "through December 22, 2038".
At the end of subtitle A of title VII, add the following new section:
SEC. 7__. COVERAGE OF CRANIAL ORTHOTIC DEVICES FOR
DEFORMATIONAL PLAGIOCEPHALY UNDER TRICARE
PROGRAM.
Section 1079(a) of title 10, United States Code, as amended by section 703, is further amended by adding at the end the following new paragraph:
"(22) Cranial orthotic devices (molding helmets) for deformational plagiocephaly may be provided as part of a reconstructive medical treatment.".
At the end of subtitle B of title XVII, insert the following:
SEC. 17__. ASSESSMENT OF COUNTER-SUBTERRANEAN TECHNOLOGIES.
(a) Assessment.--Not later than one year after the date of the enactment of this Act, and annually thereafter for each of the subsequent five years, the Director of the Combating Terrorism Technical Support Office of the Department of Defense, in coordination with the Under Secretary of Defense for Research and Engineering, shall convene an engagement with appropriate officials of the Department of Homeland Security, including the United States Border Patrol Subterranean Program Management Office, to--
(1) identify Department of Defense-developed or Department of Defense-sponsored technologies, capabilities, and research efforts relevant to the detection, mapping, monitoring, or mitigation of subterranean threats;
(2) assess opportunities to transition, adapt, test, or evaluate such technologies for operational use in detecting, monitoring, and countering illicit cross-border tunnel activity along the international borders of the United States;
(3) identify opportunities for collaboration relating to research, development, testing, evaluation, and technology transition activities concerning counter-subterranean capabilities; and
(4) identify barriers to interagency cooperation, technology transfer, testing, evaluation, or deployment of such capabilities.
(b) Annual Report and Briefing.--Not later than 90 days after each engagement required under subsection (a), the Director of the Combating Terrorism Technical Support Office shall submit a report and provide a briefing to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives and the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate that includes a description of--
(1) the technologies, capabilities, and research efforts discussed during the engagement;
(2) opportunities identified for further research, development, testing, evaluation, transition, or operational assessment activities;
(3) recommendations for improving coordination between the Department of Defense and Federal partners regarding counter-subterranean technologies; and
(4) any legislative, regulatory, or administrative barriers affecting the development, transition, or deployment of counter-subterranean capabilities.
At the end of subtitle B of title V, add the following new section:
SEC. 5__.
Text printed in the Record (9,994 characters)
REPORT ON EDUCATIONAL PARTNERSHIPS TO SUPPORT
MILITARY RECRUITMENT, READINESS, AND END
STRENGTH REQUIREMENTS.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Education, shall submit to the congressional defense committees, the Committee on Education and Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate a report on opportunities to strengthen military recruitment and support the readiness and end strength requirements of the Armed Forces through partnerships with secondary schools, institutions of higher education, and career and technical education programs.
(b) Matters Included.--The report required under subsection (a) shall include the following:
(1) An assessment of current and projected recruiting challenges affecting the Armed Forces and the ability of the military departments to meet authorized end strength requirements.
(2) An assessment of the extent to which academic preparedness, physical fitness, workforce readiness, and awareness of military service opportunities impact the pool of qualified applicants available to the Armed Forces.
(3) An evaluation of existing Department of Defense engagement with secondary schools, institutions of higher education, and career and technical education programs and the effectiveness of such engagement in supporting recruiting objectives and military readiness.
(4) An assessment of the Junior Reserve Officers' Training Corps program and the Senior Reserve Officers' Training Corps program, including--
(A) participation levels and recent enrollment trends;
(B) geographic distribution and accessibility of those programs;
(C) barriers to program expansion, including in areas experiencing recruiting shortfalls; and
(D) opportunities to increase participation, improve awareness of military service pathways, and strengthen leadership development among participants.
(5) An assessment of opportunities to expand partnerships between the Department of Defense and educational institutions to support recruitment into mission-critical military career fields, including science, technology, engineering, mathematics, cybersecurity, aviation, logistics, healthcare, artificial intelligence, and other fields identified by the Secretary of Defense.
(6) Recommendations for improving coordination between the Department of Defense and the Department of Education to increase awareness of military service opportunities, scholarships, service academies, Senior Reserve Officers' Training Corps scholarships, military career pathways, and other programs that support military recruiting and readiness.
(7) An assessment of opportunities to align existing educational, workforce development, and career readiness programs with current and projected Armed Forces personnel requirements.
(8) Recommendations for legislative or administrative actions to strengthen the pipeline of qualified applicants for military service and support long-term military readiness and end strength requirements.
(9) Recommendations to increase the attractiveness of military service as a career path and form of public service, including recommendations to improve awareness of military career opportunities, expand pathways to service through the Junior Reserve Officers' Training Corps and Senior Reserve Officers' Training Corps programs, strengthen educational and workforce development partnerships, and increase the pool of qualified applicants available to meet military readiness and end strength requirements.
(c) Briefing.--Not later than 30 days after submitting the report required under subsection (a), the Secretary of Defense shall provide a briefing to the congressional defense committees on the findings and recommendations contained in the report.
(d) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
At the end of subtitle B of title II, add the following new section:
SEC. 2__. MOBILE DEVICE FORCE PROTECTION AGAINST COMMERCIAL
SURVEILLANCE THREATS.
(a) Pilot Program.--
(1) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a pilot program to evaluate mobile device force protection technologies intended to reduce the operational exposure of covered personnel arising from application-generated signals.
(2) Participation.--The Secretary shall make participation in the pilot program available to the military departments, the combatant commands, and other covered organizations seeking to participate.
(3) Acquisition authorities.--The Secretary shall, to the maximum extent practicable, use existing rapid acquisition authorities and other transaction authorities to minimize administrative barriers to participation in the pilot program.
(4) Measures of effectiveness.--The Secretary shall establish objective, outcome-based measures of effectiveness before the initiation of the pilot program..
(b) Minimum Operational Requirements.--A technology evaluated under the pilot program shall demonstrate the ability to--
(1) identify applications generating signals relevant to force protection;
(2) determine the destinations receiving such signals;
(3) characterize the categories of information transmitted in sufficient detail to assess operational exposure;
(4) distinguish legitimate application functionality from analytics, diagnostics, advertising, profiling, and related exploitation activities;
(5) maintain auditable records and generate commander-level reporting sufficient to support force protection decisions;
(6) actively control application-generated transmissions, including the ability to block, throttle, or otherwise govern which signals leave the device and the destinations to which they may be sent, and not merely to observe, characterize, or report them;
(7) enable the Department of Defense, and not solely a vendor, to independently verify the matters described in paragraphs (1) through (6) and to confirm measured reductions in operational exposure; and
(8) adapt as commercial surveillance techniques evolve.
(c) Transition and Operational Adoption.--
(1) Determination.--Not later than 90 days after the evaluation of a technology is completed under the pilot program, the Secretary shall determine whether the evaluated technology demonstrated measurable reductions in operational exposure associated with commercial mobile surveillance.
(2) Adoption.--If the Secretary determines that the effectiveness of a technology evaluated under the pilot program has been adequately demonstrated, the Secretary may authorize operational deployment of the technology without initiating a duplicative requirements process.
(3) Transition pathways.--The Secretary shall identify potential transition pathways for a technology before evaluating the technology under the pilot program.
(d) Continuous Assessment.--
(1) Framework.--The Secretary shall establish a continuous assessment framework applicable to deployed mobile device force protection technologies, under which each such technology is reviewed not less frequently than annually to evaluate whether it continues to reduce operational exposure arising from commercial mobile surveillance.
(2) Annual report.--Not less frequently than annually, the Secretary shall submit to the congressional defense committees a report that summarizes the findings of the assessments conducted under paragraph (1), identifies emerging commercial surveillance techniques, documents the effectiveness of deployed technologies, and recommends modifications to standards and procurement approaches.
(e) Degradation and Reassessment.--If the Secretary determines that a deployed mobile device force protection technology no longer provides meaningful protection against identified threats, the Secretary shall initiate a review of alternative capabilities using the authorities established under this section.
(f) Rule of Construction.--Nothing in this section shall be construed to require the use of a particular technical architecture, implementation methodology, or commercial vendor. The requirements established under this section are intended to define the operational outcomes necessary to support force protection and not to prescribe the means by which those outcomes are achieved.
(g) Definitions.--In this section:
(1) The term "application-generated signal" means any data transmitted from a mobile device by, or on behalf of, a software application, including data derived from device sensors, network and environmental observations, diagnostic and behavioral telemetry, and embedded software development kits, whether or not the data includes a persistent identifier.
(2) The term "covered personnel" means--
(A) members of the Armed Forces;
(B) civilian employees of the Department of Defense;
(C) contractors supporting the Department of Defense;
(D) employees of entities engaged in the development or manufacture of weapons systems or other defense articles; and
(E) any other category of personnel designated by the Secretary of Defense whose duties involve heightened operational security considerations.
(3) The term "mobile device force protection technology" means a technology or capability intended to identify, observe, characterize, audit, report upon, restrict, suppress, or otherwise manage application-generated signals that may contribute to operational surveillance or pattern-of-life reconstruction affecting covered personnel.
(4) The term "Secretary" means the Secretary of Defense.
In title XVI, subtitle B, add at the end the following new section:
SEC. 1619. OFFICE FOR BOMBING PREVENTION.
(a) In General.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following new section:
"SEC. 211.
Text printed in the Record (11,920 characters)
OFFICE FOR BOMBING PREVENTION.
"(a) Establishment.--There is established within the Office of Intelligence and Analysis of the Department an Office for Bombing Prevention (in this section referred to as the `Office'), which shall be headed by an individual in the Senior Executive Service with subject matter expertise in deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks.
"(b) Principal Responsibilities.--The head of the Office shall--
"(1) act as the primary coordinator for the Department of Homeland Security with all elements of the Department of Defense that have responsibilities for the disposal of explosive ordnance;
"(2) ensure the effectiveness of intelligence and other information sharing between such elements of the Department of Defense and the Department of Homeland Security, including the Federal, State, local, and tribal partners of the Department of Homeland Security; and
"(3) advise the Secretary on matters related to terrorist explosive threats and attacks in the United States.
"(c) Functions.--The Office shall have the primary responsibility within the Department of Homeland Security for enhancing the ability of, and coordinating the efforts of, the United States to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including by the following:
"(1) Coordinating the efforts of the Department to counter terrorist explosive threats and attacks in the United States, including by--
"(A) developing, in consultation with the Under Secretary for Strategy, Policy, and Plans, the strategy of the Department against terrorist explosive threats and attacks, including efforts to support the security and preparedness of critical infrastructure and the public sector and private sector;
"(B) leading the prioritization of the efforts of the Department against terrorist explosive threats and attacks, including preparedness and operational requirements;
"(C) ensuring, in consultation with the Under Secretary for Science and Technology and the Administrator of the Federal Emergency Management Agency, the identification, evaluation, and availability of effective technology applications through field pilot testing and acquisition of such technology applications by the public sector to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States;
"(D) providing advice and recommendations to the Administrator of the Federal Emergency Management Agency regarding the effective use of grants authorized under section 2002; and
"(E) aligning, in consultation with the Assistant Secretary for the Countering Weapons of Mass Destruction Office, the efforts of the Department related to terrorist explosive threats and attacks in the United States and weapons of mass destruction.
"(2) Engaging other Federal departments and agencies, including Sector Risk Management Agencies and relevant elements of the Department of Defense, regarding terrorist explosive threats and attacks in the United States.
"(3) Facilitating information sharing and decision support of the public and private sectors involved in deterrence, detection, prevention, protection against, mitigation of, and response to terrorist explosive threats and attacks in the United States, including, when appropriate, delivering information to the public and private sectors using open-source materials or downgrading the classification level of information.
"(4) Providing training, guidance, planning, assessments, and technical assistance to the public and private sectors, as appropriate, to help counter the risk of terrorist explosive threats and attacks in the United States. The training and technical assistance provided under this paragraph shall include--
"(A) support efforts to prepare for and respond to bomb threats or other acts concerning explosive threats and attacks in the United States; and
"(B) support of public and private sector preparedness for security of critical infrastructure, facilities, and special events, as appropriate.
"(5) Promoting security awareness, through educational outreach or secure information sharing, where appropriate, among the public sector, the private sector, and the general public regarding the risks posed by the misuse of explosive precursor chemicals and other bomb-making materials.
"(6) Conducting analysis and planning for the capabilities and requirements necessary for the public and private sectors, as appropriate, to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States, including by--
"(A) maintaining a database on capabilities and requirements, including capabilities and requirements of public safety bomb squads, explosive detection canine teams, special tactics teams, and public safety dive teams; and
"(B) applying the analysis derived from the database described in subparagraph (A) with respect to--
"(i) evaluating progress toward closing identified gaps relating to national strategic goals and standards related to deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States; and
"(ii) informing decisions relating to homeland security policy, assistance, training, research, development efforts, testing and evaluation, and related requirements regarding deterring, detecting, preventing, protecting against, mitigating, and responding to terrorist explosive threats and attacks in the United States.
"(7) Facilitating secure information sharing of sensitive material and promoting security awareness, including by--
"(A) operating and maintaining a secure information sharing system that allows sharing among and between the public and private sectors of critical information relating to explosive attack tactics, techniques, and procedures;
"(B) working with international partners, in consultation with the Office of International Affairs of the Department, to develop and share effective practices to deter, detect, prevent, protect against, mitigate, and respond to terrorist explosive threats and attacks in the United States;
"(C) executing national public awareness and vigilance campaigns relating to--
"(i) terrorist explosive threats and attacks in the United States;
"(ii) preventing explosive attacks; and
"(iii) activities and measures underway to safeguard the United States; and
"(D) working with relevant stakeholder organizations.
"(8) Providing any other assistance the Secretary determines necessary.".
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 210G the following new item: "Sec. 211. Office for Bombing Prevention.".
(c) Department of Defense Synchronization.--The Secretary
of Defense shall ensure that--
(1) planning and operations of the Department of Defense
are updated to reflect the changes made by this section in a
timely manner; and
(2) access to appropriate defense and military intelligence
information sharing is maintained during the transition from
any existing office with the Department of Homeland Security
to the Office of Bombing Prevention as established by this
section in a way that would not impede a response in an
emergency or on-going operations.
At the end of subtitle A of title VI, add the following new section:
SEC. 6__. IMPROVEMENTS TO INCENTIVE PAY FOR EXPLOSIVE
ORDNANCE DISPOSAL DUTY.
(a) Establishment.--Subchapter I of Chapter 5 of title 37, United States Code, is amended by inserting, after section 301e, the following new section:
"Sec. 301f. Incentive pay: explosive ordnance disposal duty
"(a) Eligibility.--(1) Subject to regulations prescribed by the Secretary of Defense, a regular member of a covered armed force is entitled to continuous monthly explosive ordnance disposal duty incentive pay in the amount specified in subsection (b)(1) if the member--
"(A) is entitled to basic pay;
"(B) holds (or is in training leading to) an explosive ordnance disposal duty designator; and
"(C) is in and remains in explosive ordnance disposal duty on a career basis.
"(2) Subject to regulations prescribed by the Secretary of Defense, a member of a covered armed force who is entitled to basic pay but is not entitled to continuous monthly explosive ordnance disposal duty incentive pay under paragraph (1) is entitled to explosive ordnance disposal duty incentive pay in the amount prescribed pursuant to subsection (b)(2) for any period during which such member performs explosive ordnance disposal duty under orders.
"(b) Rates.--(1) Continuous monthly explosive ordnance disposal duty incentive pay under subsection (a)(1) shall be in the following amounts:
------------------------------------------------------------------------"Years of explosive ordnance disposal duty (including training): Monthly Rate ------------------------------------------------------------------------2 or fewer........................................... $125 Over 2............................................... $156 Over 3............................................... $188 Over 4............................................... $206 Over 6............................................... $650 Over 8............................................... $800 Over 10.............................................. $1,000 Over 17.............................................. $840 Over 22.............................................. $585 Over 24.............................................. $385 Over 25.............................................. $250 ------------------------------------------------------------------------
"(2) Explosive ordnance disposal duty incentive pay under subsection (a)(2)--
"(A) shall be in amounts prescribed by the Secretary of Defense;
"(B) may not, for any month, exceed the maximum amount specified in paragraph (1); and
"(C) may not be less per day than the amount under subsection (d).
"(c) Computation of Years.--Years of explosive ordnance disposal duty by a member shall be computed beginning with the effective date of the initial order to such member to perform explosive ordnance disposal duty.
"(d) Applicability to Certain Duty in the Reserve Components.--Under regulations prescribed by the Secretary of Defense and to the extent provided for by appropriations, for each day that a member of a reserve component of a covered armed force who is entitled to compensation under section 206 of this title, performs, under orders, explosive ordnance disposal duty, such member is eligible for an increase in compensation equal to one-thirtieth of the continuous monthly incentive pay under subsection (b)(1) for a member of corresponding years of service entitled to basic pay.
"(e) Definitions.--In this section:
"(1) The term `covered armed force' means the Army, Navy, Marine Corps, Air Force, or Space Force.
"(2) The term `explosive ordnance disposal' has the meaning given such term in section 2284 of title 10.
"(3) The term `explosive ordnance disposal duty' means duty performed by a member of a covered armed force, under regulations prescribed by the Secretary of Defense, in explosive ordnance disposal.".
(b) Effective Date.--Section 301f of title 37, United States Code, as added by subsection (a), shall take effect on the date that is 180 days after the date of the enactment of this Act and apply to explosive ordnance disposal duty performed on or after such date.
At the end of subtitle F of title X, insert the following:
SEC. 10__.
Text printed in the Record (11,494 characters)
PILOT PROGRAM ON THE ARMY NATIONAL GUARD AS THE
HOMELAND DEFENSE INTEGRATOR FOR DEFEATING
EXPLOSIVE ORDNANCE.
(a) Pilot Program Authorized.--
(1) In general.--The Secretary of the Army may conduct a pilot program to assess the feasibility and advisability of the development of a capability in support of Department of the Army missions within the National Guard through which the National Guard of a State remotely provides to the National Guard of other States (whether or not in the same Armed Force as the providing National Guard) explosive ordnance disposal capability through technical assistance in the planning, preparation, training, and response to accidents and incidents involving foreign and domestic explosive ordnance, as such term is defined in section 283(d) of title 10, United States Code.
(2) Assessment prior to commencement.--For the purposes of the pilot program described in subsection (a), the Director of the Army National Guard shall, prior to commencing the pilot program, determine--
(A) which of the service component commands of the Army best supports the responsible combatant commands that defend the homeland including the United States Strategic Command, the United States Space Command, and the United States Northern Command;
(B) the command and support relationships of Army National Guard explosive ordnance disposal formations, and other military explosive ordnance disposal units, to the Army service component command identified pursuant to subparagraph (A);
(C) the required increase in the number of members of the National Guard performing full-time National Guard duty in the Active Guard and Reserve Program that may support or execute such homeland defense activities performed by the National Guard under section 904 of title 32, United States Code; and
(D) the crosswalk of designated Army National Guard explosive ordnance disposal units to that of the Department of Defense prioritized critical infrastructure listing with an emphasis on United States left of launch capability including missile production and storage facilities, missile launching equipment and positions, and command and control equipment generally recognized as lawful military objectives that may be targeted.
(b) Elements.--The pilot program described in subsection (a) may include the following:
(1) A secure net-worked capability, including joint worldwide intelligence communication system and secure internet protocol router networks, that enables the National Guard explosive ordnance disposal unit of a State to remotely provide command and control, intelligence, technical operations oversight, and explosives safety compliance without the need to deploy outside its home State.
(2) The development of policies, processes, procedures, program element and management decision packages, and authorities for use of such a capability, including with respect to the following:
(A) The roles and responsibilities of both requesting and deploying National Guards with respect to such explosive ordnance disposal capabilities as defined in section 2284(d)(2) of title 10, United States Code.
(B) Program management and governance structures for deployment and maintenance of such a capability.
(3) The conduct of at least three annual exercises known as "Ravens Challenge exercises" with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Army which shall include the following:
(A) The participation of not fewer than the National Guards of two States.
(B) Circumstances designed to test and validate the policies, processes, procedures, program elements, and management decision packages and authorities pursuant to paragraph (2).
(c) Construction With Certain Current Authorities.--
(1) Command authorities.--Nothing in this section may be construed as affecting or altering the command authorities otherwise applicable to any unit of the National Guard participating in the pilot program.
(2) Emergency management assistance compact.--Nothing in the section may be construed as affecting or altering any current agreement under the Emergency Management Assistance Compact, or any other State agreements, or as determinant of the future content of any such agreement.
(d) Evaluation Metrics.--The Director of the Army National Guard shall establish metrics to evaluate the effectiveness of the pilot program.
(e) Term.--The pilot program under subsection (a) shall not terminate not later than five years (a future years defense program cycle) after the date of the commencement of the pilot program.
(f) Reports.--
(1) Initial report.--Not later than 180 days after the date of the commencement of the pilot program, the Secretary of the Army shall submit to the defense and intelligence committees of Congress an initial report setting forth a description of the pilot program and such other matters in connection with the pilot program as the Secretary considers appropriate.
(2) Final report.--Not later than 180 days after the termination of the pilot program, the Secretary of the Army shall submit to the defense and intelligence committees of Congress a final report. The report shall include the following:
(A) A description of the pilot program including any partnerships entered into under the pilot program.
(B) A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (a)(2).
(C) A summary of the evaluation metrics established in accordance with subsection (d).
(D) An assessment of the effectiveness of the pilot program, and capability elements described in subsection (b).
(E) A description of the costs associated with implementation and conduct of the pilot program.
(F) A recommendation as to authorizing a permanent program modeled on the pilot program.
(G) An estimate of the costs on making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F).
(H) Such recommendations for legislative or administrative action as the Secretary of the Army considers appropriate in light of the pilot program.
(g) State Defined.--In this section, the term "State" means--
(1) the several States;
(2) the District of Columbia;
(3) the Commonwealth of Puerto Rico;
(4) American Samoa;
(5) Guam;
(6) the United States Virgin Islands; and
(7) the Commonwealth of the Northern Mariana Islands.
At the end of subtitle G of title V, add the following new section:
SEC. 5__. PILOT PROGRAM TO PROVIDE BENEFITS AND SERVICES TO
ARMY EXPLOSIVE ORDNANCE DISPOSAL MEMBERS WHO
ARE SEPARATING.
(a) Pilot Program.--Not later than one year after the date of the enactment of this Act, the Secretary of the Army and the Secretary of Homeland Security shall jointly establish a pilot program to provide members of the Army who are separating under honorable conditions who are qualified for explosive ordnance disposal to attend the Criminal Investigator Training Program of the Federal Law Enforcement Training Centers.
(b) Requirements.--In carrying out the pilot program required by subsection (a), the Secretary of the Army shall--
(1) require participants in the pilot program to be separated from the Armed Forces or on terminal leave, as determined by the Secretary;
(2) shall reimburse the Director of the Federal Law Enforcement Training Centers not more than $50,000 per participant in the pilot program for not more than 24 participants per fiscal year; and
(3) shall not reimburse any other agency for any additional training provided to participants.
(c) Reports.--
(1) Annual report.--Not later than one year after the establishment of the pilot program required by subsection (a), and annually thereafter until the termination of the pilot program, the Secretary of the Army, in consultation with the Secretary of Homeland Security, shall submit to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives and the Committee on Armed Services and the Committee on Homeland Security and Government Affairs of the Senate a report on the pilot program, including--
(A) the number of participants in the pilot program who successfully complete the Criminal Investigator Training Program;
(B) the recommendation of the Secretary as to whether the number of participants authorized to participate in the pilot program should be increased or decreased; and
(C) an assessment of the viability of expanding the pilot program to members of other Armed Forces with expertise in explosive ordnance disposal.
(2) Final report.--Not later than 90 days after the termination of the pilot program required by subsection (a), the Secretary of the Army, in consultation with the Secretary of Homeland Security, shall submit to the committees described in paragraph (1) a report that includes--
(A) the elements described in subparagraphs (A) through (C) of paragraph (1); and
(B) the recommendation of the Secretary as to whether to make the pilot program permanent.
(d) Termination.--The pilot program required by subsection (a) shall terminate on the date that is five years after the date on which such pilot program is established.
At the end of subtitle G of title XII of division A, add the following:
SEC. 12_. STUDY AND REPORT ON ADVANCING UNITED STATES
INTERESTS IN THE WESTERN HEMISPHERE.
(a) Findings.--Congress finds that there are unconventional transnational threat networks that--
(1) are centered on, but not exclusive to, drug trafficking organizations; and
(2) the President's National Security Strategy has identified as challenges to the core national interests of the United States.
(b) Study.--The Secretary of Defense shall carry out a study of the major threat networks operating in the Western Hemisphere, with the purpose of revealing their principal leaders, capabilities, activities, methods, infrastructure, financial assets, and weapons, as well as how they overlap with drug trafficking organizations. In carrying out the study, the Secretary should prioritize such major threats that--
(1) threaten the homeland;
(2) abet international terrorism;
(3) smuggle illegal drugs or supply weapons;
(4) are heavily reliant on entities not located in the Western Hemisphere; or
(5) traffic human beings or facilitate mass migration.
(c) Report.--Not later than 180 days after the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives a report containing--
(1) all findings and determinations made in carrying out the study required under subsection (b);
(2) a comparison of the threats identified in such study to the global threat priorities of the Department of Defense; and
(3) an explanation of how the Department of Defense plans to coordinate with the heads of other appropriate departments and agencies of the United States to use the resources of the Department, in coordination with criminal prosecutions, diplomacy, and other tools, to dismantle the major threat networks studied under subsection (b).
Page 305, after line 7, insert the following new section:
SEC. 5__. PROHIBITED DIETARY SUPPLEMENT INGREDIENTS AND
PERFORMANCE-ENHANCING SUBSTANCES.
(a) Prohibition.--Chapter 49 of title 10, United States Code, is amended by inserting after section 978 the following new section:
"Sec. 978a.
Text printed in the Record (10,122 characters)
Prohibited dietary supplement ingredients and
performance-enhancing substances
"(a) Prohibited Ingredient and Substance Lists.--The Secretary shall publish and, not less frequently than once every 90 days, shall update a list of--
"(1) dietary supplement ingredients prohibited for use by members of the armed forces; and
"(2) performance-enhancing substances prohibited for use by members of the armed forces.
"(b) Required Formats.--The Secretary shall publish the list under subsection (a)--
"(1) on an internet website where such list may be viewed in full without use of a search function;
"(2) in a searchable database; and
"(3) in a digital file that may be downloaded from such internet website in a common format.
"(c) Commanding Officer May Elect Not to Discipline.--The commanding officer of a member of the armed forces who possesses or uses a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1)--
"(1) may elect not to subject such member to discipline if--
"(A) such possession or use is the first disciplinary offense committed by such member;
"(B) such commanding officer determines that such member satisfies the good faith standard under subsection (e); and
"(C) such member agrees to participate in education, counseling, or drug testing in lieu of discipline; and
"(2) may elect not to subject such member to administrative separation.
"(d) Possession of Prohibited Ingredient Not Drug Abuse.--Notwithstanding any other provision of law, possession of a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1) shall not constitute drug abuse for purposes of this title.
"(e) Good Faith Standard.--A member of the armed forces satisfies the good faith standard under this subsection if such member--
"(1) possesses or uses a dietary supplement containing an ingredient (other than a substance included in the schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812)) appearing on the list under subsection (a)(1) without actual knowledge that such dietary supplement contains such ingredient;
"(2) purchases such supplement from a retail facility affiliated with the Department of Defense;
"(3) reasonably relies, prior to purchasing or using such supplement, on a search of the list under subsection (a)(1) that fails to identify such ingredient as prohibited under subsection (a)(1), including due to a misspelling or variation in the name of such ingredient on such list; or
"(4) otherwise demonstrates a reasonable belief that such supplement does not contain such ingredient.".
(b) Secretary to Update Department of Defense Instruction.--Not later than 120 days after the date of the enactment of this section, the Secretary of Defense, acting through the Under Secretary for Personnel and Readiness, shall revise Department of Defense Instruction 6130.06 pursuant to section 978a of title 10, United States Code, as added by subsection (a).
(c) Secretary to Update Operation Supplement Safety Internet Website.--Not later than one year after the date of the enactment of this section, the Secretary shall--
(1) update the Operation Supplement Safety internet website to enhance functionality for--
(A) vendors of dietary supplements; and
(B) members of the Armed Forces; and
(2) review possible improvements to such internet website, including with respect to--
(A) search tools that employ--
(i) autofill functionality; and
(ii) autocorrect functionality;
(B) artificial intelligence tools that can--
(i) scan product labels; and
(ii) search such internet website for information on the ingredients found on such labels; and
(C) capacity to allow a user to register to receive a notification when a dietary supplement ingredient is added to the list under section 978a(a)(1) of title 10, United States Code, as added by subsection (a).
(d) Secretary to Review Dietary Supplement Safety Education Opportunities.--Not later than one year after the date of the enactment of this section, the Secretary shall review opportunities for incorporating into existing training programs for members of the Armed Forces education concerning--
(1) dietary supplement safety; and
(2) the list under section 978a(a) of title 10, United States Code, as added by subsection (a).
(e) Reports.--
(1) Initial implementation report.--Not later than 120 days after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a report describing efforts made to ensure that retail facilities affiliated with the Department of Defense do not sell any products containing an ingredient appearing on the list under section 978a(a) of title 10, United States Code, as added by subsection (a).
(2) Final implementation report.--Not later than two years after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a report describing steps taken to implement section 978a of title 10, United States Code, as added by subsection (a).
(3) Annual reports.--Not later than one year after the date of the enactment of this section, and annually thereafter for a period of five years, the Secretary shall submit to the congressional defense committees a report--
(A) listing, for the one-year period ending on the date on which such report is submitted--
(i) the total number of administrative separation actions initiated for possession or use of a dietary supplement containing an ingredient appearing on the list under section 978a(a)(1) of title 10, United States Code, as added by subsection (a), disaggregated by--
(I) armed force;
(II) pay grade;
(III) characterization of discharge sought;
(IV) whether the member subject to the administrative separation action contested such action; and
(V) outcome; and
(ii) the number of commanding officers who elected not to subject a member of the Armed Forces to discipline under section 978a(c) of such title; and
(B) assessing the effectiveness of efforts to provide education relating to dietary supplement safety to members of the Armed Forces.
Amendment No. 118 Offered by Mr. Davis of North Carolina
At the end of subtitle F of title X, insert the following:
SEC. 10__. BRIEFING ON LOW COST, PLATFORM AGNOSTIC AUTONOMY
MODULES FOR SUAS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there is a growing operational need for rapidly deployable, low cost, and attritable small unmanned aerial systems (in this section referred to as "sUAS") capable of executing autonomous strike and reconnaissance missions.
(2) commercial sector advances now allow advanced artificial intelligence-enabled autonomy to run on inexpensive, widely fielded hardware, such as ruggedized Net Warrior Android based devices, mounted onto off the shelf drones;
(3) these capabilities can convert low cost platforms into autonomous delivery or one way attack systems without requiring complex or costly payload integration;
(4) it is encouraging that emerging platform agnostic autonomy kits that leverage onboard sensors and processors from commercially available devices to enable navigation, target recognition, and terminal engagement for sUAS operating in contested environments; and
(5) these capabilities offer the Department a rapid, scalable means of fielding attritable systems at a fraction of traditional cost.
(b) Briefing.--Not later than December 1, 2026, the Secretary of Defense shall provide to the congressional defense committees a briefing on opportunities to accelerate development and acquisition of low cost, platform agnostic autonomy modules for sUAS. The briefing shall include each of the following:
(1) A survey of commercially derived autonomy solutions that can be integrated onto inexpensive, non proprietary hardware.
(2) An assessment of Department of Defense integration pathways for enabling autonomous weapons delivery or ISR missions on off the shelf drones.
(3) Recommendations for rapid fielding, demonstrations, or procurement approaches that would allow the Services to acquire and deploy such capabilities at scale.
Amendment No. 119 Offered by Mr. Davis of North Carolina
At the end of subtitle E of title X, insert the following:
SEC. 10__. ARMY REPORT ON RESILIENT TACTICAL POWER AND
BATTERY SAFETY.
(a) Findings.--Congress finds the following:
(1) Army units operating at the tactical edge increasingly rely on resilient power generation, storage, distribution, and charging to support communications systems, sensor networks, unmanned systems, directed-energy counter-UAS capabilities, command-and-control nodes, tactical vehicles, and other mission equipment.
(2) Current fielded power solutions may not be optimized as integrated systems, limiting interoperability and increasing fuel, maintenance, and logistics burdens.
(3) Batteries are a critical part of this architecture, because lithium battery performance and safety depend heavily on subcomponents, including separator materials.
(4) Separator failure or degradation under high-rate cycling, cold-start pulse demand, elevated temperatures, extended storage, or mechanical and electrical abuse can contribute to internal short circuits, thermal events, and fault propagation in confined, manned, vehicle-integrated, or unmanned applications.
(5) Separator technologies and other subcomponents should be assessed by the Army alongside power generation, charging, distribution, and sustainment needs.
(b) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the efforts of the Army to demonstrate, assess, and transition resilient tactical power architectures and safe lithium battery technologies for mission systems.
Text printed in the Record (11,851 characters)
The report shall include each of the following:
(1) A description of priority operational use cases for integrated tactical power and battery-dependent mission systems, including how hybrid tactical microgrids, control nodes, batteries, power electronics, charging, distribution, and energy storage would support unmanned systems, sensors, command-and-control nodes, directed-energy counter-unmanned aircraft systems, tactical vehicles, and other systems at the tactical edge.
(2) A roadmap for laboratory, field, and operational demonstrations, including--
(A) integration with Army generators, tactical vehicles, batteries, power electronics, and representative combat formations;
(B) use of modular open systems architectures;
(C) cyber and electromagnetic resilience requirements; and
(D) metrics for fuel efficiency, logistics burden, reliability, survivability, and lifecycle costs.
(3) An assessment of lithium battery designs, separator technologies, and related subcomponents that could improve high-rate cycling, cold-start performance, persistent low-draw operation, elevated-temperature endurance, long-duration storage, intrinsic fault containment, and propagation resistance, including relevant cooperative agreements, test standards, and representative Army mission profiles.
(4) A description of performance, safety, and sustainment testing for fielded batteries, including overcharge, crush, puncture, internal short-circuit, thermal exposure, thermal runaway, charging in extreme or austere environments, and procedures to keep batteries for unmanned systems and other mission equipment functional and charged in storage and regular use.
(5) A transition and sourcing plan for successful prototypes, validated battery designs, separator materials, and related subcomponents, including current and planned programs of record, existing platforms, candidate units and echelons for initial fielding, opportunities to leverage commercially proven domestic or allied battery and power electronics technologies, barriers to transition, and steps to secure domestic or allied production of separators, electrodes, electrolytes, cells, packs, and associated manufacturing capabilities.
At the end of subtitle E of title I, add the following new section:
SEC. 1__. MODIFICATION TO MULTIYEAR PROCUREMENT AUTHORITY FOR
DOMESTICALLY PROCESSED CRITICAL MINERALS.
Section 152 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 50 U.S.C. 98e-2) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection:
"(e) Consideration of Recycled and Reused Materials.--In exercising the authority under this section, the Secretary of Defense shall give special consideration the procurement of critical minerals derived from recycled and reused minerals and metals, to the maximum extent practicable.".
Add at the end of subtitle B of title XVIII, the following new section:
SEC. 18__. REPORT ON DEPENDENCY ON CHINA FOR PROCESSING
MATERIALS FOR DEPARTMENT OF DEFENSE SUPPLY
CHAINS.
(a) Methodology.--The Secretary of Defense shall develop and implement a methodology to identify and assess dependencies of the Department of Defense on the People's Republic of China for the processing, refining, separation, alloying, magnet manufacturing, or other midstream production stages of materials critical to the defense industrial base.
(b) Report.--Not later than 180 days after the date of the enactment of this section, the Secretary shall submit to the congressional defense committees a report identifying priority defense supply chains with significant midstream processing exposure to China and recommendations for mitigation of such exposure.
Add at the end of subtitle C of title VII, the following new section:
SEC. 7__. MEDICAL SUPPLY CHAIN RISK IDENTIFICATION AND
TRANSPARENCY ENHANCEMENT.
The Secretary of Defense shall--
(1) conduct a Department-wide risk assessment of the medical supply chain of the Department;
(2) develop a classified, prioritized list of high-risk critical medical products for which the United States is dependent on the People's Republic of China for precursor elements; and
(3) submit to Congress a report on the findings of the assessment and mitigation strategies, including recommendations for procurement, sourcing, and domestic manufacturing actions relating to such medical products to reduce reliance on adversarial supply chains for such products.
Add at the end of subtitle F of title XVIII, the following new section:
SEC. 18__. CRITICAL MINERALS RECOVERY FROM UNCONVENTIONAL
FEEDSTOCKS.
(a) In General.--The Secretary of Defense, in coordination with the Secretary of Energy and the Secretary of the Interior, shall support demonstration and early commercial deployment of technologies capable of recovering covered materials relevant to the defense industrial base from unconventional feedstocks, including tailings from mining operations, low-grade ores, industrial waste streams, and recycled materials.
(b) Eligible Technologies.--Technologies described in subsection (a) may include hydrometallurgical, solvent extraction, electrochemical, pyrometallurgical, separation and purification, biological, bioleaching, and other advanced recovery, processing, and refining technologies capable of recovering, upgrading, refining, or converting covered materials.
(c) Form of Support.--The Secretary of Defense may provide support under this section through--
(1) the authorities of title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.);
(2) grants, cooperative agreements, and other transactions;
(3) pilot projects, demonstration projects, and prototype projects;
(4) procurement contracts, purchase commitments, and offtake agreements;
(5) activities carried out under the Strategic Environmental Research and Development Program, the Environmental Security Technology Certification Program, Industrial Base Analysis and Sustainment activities, and other Department of Defense programs; and
(6) any other authority available to the Secretary.
(d) Definitions.--In this section:
(1) Covered material.--The term "covered material" means any mineral, element, substance, or material on the list of critical minerals published under section 7002(c) of the Energy Act of 2020 (30 U.S.C. 1606(c)), any critical material determined by the Secretary of Energy under section 7002(a)(2) of that Act, or any strategic and critical material under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), including ores, oxides, intermediates, byproducts, and refined forms thereof.
(2) Unconventional feedstock.--The term "unconventional feedstock" means any domestic source of covered materials other than newly mined, on-specification primary ore concentrate processed by conventional means, including:
(A) tailings, waste rock, and residues from current or legacy mining operations;
(B) low-grade, off-grade, or off-specification ores and concentrates;
(C) slags, drosses, anode slimes, leach residues, process liquors, and other byproducts, intermediate streams, or wastes from mineral processing, smelting, refining, or manufacturing operations;
(D) industrial waste streams, including energy, chemical, metallurgical, and defense-related industrial processes; and
(E) recycled, scrap, end-of-life, and urban-mined materials.
At the end of subtitle H of title V, add the following new section:
SEC. 5__. STUDY ON WEEKEND DRILL CHILD CARE PROGRAMS.
(a) Study Required.--The Secretary of each military department that carries out a child care program for members of reserve components during inactive duty training on weekends shall conduct a study on the effectiveness of such program and any challenges in executing such program.
(b) Report.--Not later than one year after the date of the enactment of this Act, each Secretary of a military department described in subsection (a) shall submit to the congressional defense committees a report containing the results of the study required under subsection (a).
Page 1378, line 8, strike "Report" and insert "Briefing".
Page 1378, line 10, strike "through 2030, the Secretary shall submit" and insert "through 2035, the Secretary shall provide".
Page 1378, line 11, strike "report" and insert "briefing".
Add at the end of subtitle G of title XXVIII, the following new section:
SEC. 28__. ASSESSMENT OF THE USE OF INTERGOVERNMENTAL SUPPORT
AGREEMENTS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS.
(a) Report Required.--Not later than 120 days after the date of the enactment of this section, each covered Assistant Secretary shall submit to the congressional defense committees a report assessing the potential use of intergovernmental support agreements (as defined in section 2679 title 10, United States Code) to carry out unspecified minor military construction projects under section 2805 of title 10, United States Code.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) An assessment of the feasibility of applying revised maximum dollar thresholds for unspecified minor military construction projects carried out under intergovernmental support agreements as follows:
(A) $15,000,000 for laboratory revitalization projects
(B) $12,000,000 for projects carried out using amounts from the Operation and Maintenance account.
(2) A list of not more than 10 projects included in a facilities investment plan or facility support program of a military department that could be carried out under intergovernmental support agreements.
(c) Covered Assistant Secretary Defined.--In this section, the term "covered Assistant Secretary" means--
(1) the Assistant Secretary of the Army for Installations, Energy, and Environment;
(2) the Assistant Secretary of the Navy for Energy, Installations, and Environment; and
(3) the Assistant Secretary of the Air Force for Installations, Environment, and Energy.
At the end of subtitle H of title V, add the following new section:
SEC. 5__. REPORT ON STRENGTHENING THE MILITARY CHILD CARE
WORKFORCE.
(a) In General.--Not later than 120 days after the date of enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report assessing workforce, readiness, and policy challenges associated with military child care and military child development centers.
(b) Contents.--The report under subsection (a) shall include the following:
(1) An analysis of the current workforce of military child development centers, including--
(A) the percentage of employees who are military spouses; and
(B) the percentage of employees who are spouses of retired or separated members of the Armed Forces.
(2) A feasibility assessment of increasing the transferability of licenses or certifications for military spouses employed at military child development centers when accompanying a service member on a permanent change of station.
(3) An assessment of vacancy rates across military child development centers and the reasons for such vacancies.
(4) An assessment of the number of additional children who could be served by military child development centers if such centers were fully staffed.
(5) A feasibility assessment of permitting military spouses residing in on-post housing to provide childcare within their homes under a supervisory program coordinated by a military child development center.
(6) Recommendations for incentives to attract and retain military spouses in the military child care workforce, including--
(A) professional development opportunities;
(B) stipend or subsidy programs; and
(C) flexible scheduling options.
At the end of subtitle C of title V, add the following new section:
SEC. 5__.
Text printed in the Record (11,819 characters)
UPDATE OF GUIDANCE AND EVALUATION OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS INSTRUCTOR PAY SCALE.
(a) Update of Guidance.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretaries concerned (as that term is defined in section 101(a)(9) of title 10, United States Code), shall update Department of Defense guidance governing the Junior Reserve Officers' Training Corps (JROTC) program to include--
(1) an evaluation plan to assess the effects of the JROTC Standardized Instructor Pay Scale (JSIPS), or any successor pay system, on recruitment and retention of JROTC instructors; and
(2) standardized metrics for measuring JROTC instructor recruiting outcomes and retention rates across the military services.
(b) Required Metrics.--The evaluation plan required under subsection (a) shall include, at a minimum, metrics relating to--
(1) instructor vacancy rates and time-to-hire;
(2) retention rates and length of service;
(3) geographic variation in recruiting and retention outcomes, including high-cost-of-living areas, rural, urban, and geographically isolated locations;
(4) comparisons between outcomes under the legacy pay system and the JSIPS;
(5) the identification of recruiting efforts used to attract instructor applicants, including data on how applicants learned about available instructor positions;
(6) the number of applicants who begin, complete, or withdraw from the instructor hiring process, including the interview and background investigation stages;
(7) the number of applicants who accept or decline instructor position offers, including to the extent practicable, information on the reasons offers were declined; and
(8) any other matters the Secretary determines appropriate.
(c) Report to Congress.--Not later than one year after the issuance of the updated guidance under subsection (a), and annually thereafter for two years, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that includes--
(1) a description of the updated guidance and implementation status;
(2) baseline data and metrics collected using the metrics developed under subsection (a);
(3) an assessment of the effects of the pay scale on recruitment and retention; and
(4) any recommendations for legislative or administrative action.
At the end of subtitle A of title VI add the following new section:
SEC. 6__. MODIFICATION OF IMPLEMENTATION DETERMINATION FOR
SPECIAL AND INCENTIVE PAY AUTHORITIES FOR
MEMBERS OF RESERVE COMPONENTS.
Section 602(d) of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 37 U.S.C. 357 note) is amended--
(1) by striking "Implementation Date" and all that follows through "The Secretary shall not" and inserting "Implementation Date.--The Secretary shall not";
(2) by striking paragraph (2); and
(3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and conforming the margins accordingly.
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR ULTRA-LIGHT GROUP 1 SMALL UNMANNED
AIRCRAFT SYSTEMS FOR SPECIAL OPERATIONS FORCES.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for intelligence systems development (PE 1160405BB), line 303, is hereby increased by $10,000,000 (with the amount of such increase to be made available for ultra-light Group 1 small unmanned aircraft systems for the United States Special Operations Command).
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Office of the Secretary of Defense, OUSD(C) IT development initiatives (PE 0605027D8Z), line 153, is hereby reduced by $10,000,000.
At the end of subtitle G of title XXVIII, add the following new section:
SEC. 28__. SENSE OF CONGRESS WITH RESPECT TO WARGAMING CENTER
AT MAXWELL AIR FORCE BASE, MONTGOMERY, ALABAMA.
It is the sense of Congress that the Secretary of the Air Force should authorize and prioritize the design and development of a state-of-the-art Combined All-Domain Wargaming Center at Maxwell Air Force Base, Montgomery, Alabama to enhance the strategic training, education, and simulation capabilities of the Department of Defense.
At the end of subtitle D of title X, add the following new section:
SEC. 10__. DISCLOSURE OF FOREIGN GIFTS MADE TO MILITARY
COLLEGES.
Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 2018. Military colleges: disclosures of foreign gifts
"(a) Disclosure Report Required.--(1) Whenever any military college receives a gift from a foreign source or enters into a covered contract, the value of which is $50,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source in a calendar year, the military college shall submit a report to the Secretary of Defense.
"(2)(A) Each report to the Secretary required by this subsection shall include the following:
"(i) With respect to gifts received from, or contracts entered into with, a foreign source other than a foreign government, the aggregate dollar amount of such gifts and contracts attributable to a particular country.
"(ii) With respect to gifts received from, or contracts entered into with, a foreign government, the aggregate amount of such gifts and contracts received from such foreign government.
"(B) For purposes of subparagraph (A), the country to which a gift is attributable is--
"(i) with respect to a foreign source who is a natural person, the country of citizenship of the foreign source or, if the country of citizenship is unknown, the country in which the principal residence of the foreign source is located; and
"(ii) with respect to a foreign source that is a legal entity, the country of incorporation of the foreign source or, if the country of incorporation is unknown, the country in which the principal place of business of the foreign source is located.
"(3) Each report required under paragraph (1) shall be submitted to the Secretary not later than the earlier of the January 31 or July 31 immediately following the receipt of the gift or the entering into of the covered contract that causes a report to be required to be submitted under paragraph (1).
"(b) Additional Disclosures for Restricted and Conditional Gifts.--Not later than 30 days after the date on which a military college receives a restricted or conditional gift or contract from a foreign source, the military college shall submit a report to the Secretary containing the following:
"(1) For a restricted or conditional gift or contract involving a foreign source other than a foreign government--
"(A) the amount of the gift or contract, the date on which the gift was received or the contract was entered into, and a description of the conditions or restrictions on the gift or contract;
"(B) with respect to a foreign source that is a natural person, the country of citizenship of the foreign source or, if the country of citizenship is unknown, the country in which the principal residence of the foreign source is located; and
"(C) with respect to a foreign source that is a legal entity, the country of incorporation of the foreign source or, if the country of incorporation is unknown, the country in which the principal place of business of the foreign source is located.
"(2) For a restricted or conditional gift or contract involving a foreign source that is a foreign government--
"(A) the amount of the gift or contract, the date on which the gift was received or the contract was entered into, a description of the conditions or restrictions on the gift or contract; and
"(B) the name of the foreign government.
"(c) Public Availability.--The Secretary shall make publicly available on an Internet website of the Department of Defense each report required to be submitted under this section.
"(d) Enforcement.--(1) Whenever it appears that a military college has failed to comply with the requirements of this section, including any rule or regulation promulgated under this section, a civil action may be brought by the Attorney General, at the request of the Secretary, in an appropriate district court of the United States, or the appropriate United States court of any territory or other place subject to the jurisdiction of the United States, to request such court to compel compliance with the requirements of this section.
"(2) For knowing or willful failure to comply with the requirements of this section, including any rule or regulation promulgated thereunder, a military college shall pay to the Treasury of the United States the full costs to the United States of obtaining compliance, including all associated costs of investigation and enforcement.
"(e) Annual Report.--Not later than March 1 of each year, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on foreign gifts to military colleges during the preceding year. Each report shall include, for the year covered by the report, an identification of each foreign gift for which disclosure was required under subsection (a) or subsection (b) and for each such gift--
"(1) the foreign government or foreign source that provided the gift;
"(2) the military college that received the gift;
"(3) the dollar value of the gift; and
"(4) the purpose of the gift.
"(f) Definitions.--In this section:
"(1) The term `covered contract' means any agreement for the acquisition by purchase, lease, or barter of property or services by a foreign source for the direct benefit or use of any of the parties to the agreement.
"(2) The term `foreign source' means--
"(A) a foreign government, including an agency of a foreign government;
"(B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or multiple foreign states;
"(C) an individual who is not a citizen or a national of the United States; and
"(D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of an individual or entity described in subparagraph (A), (B), or (C).
"(3) The term `gift'--
"(A) means any gift of money, property, travel, or lodging expenses; and
"(B) with respect to a military college, includes gifts given to faculty, staff, and trustees of the military college.
"(4) The term `military college' means--
"(A) a senior military college described in section 2111a(f) of this title; or
"(B) a military junior college as defined for purposes of section 2107a of this title.
"(5) The term `restricted or conditional gift or contract' means an endowment, gift, grant, contract, award, or property of any kind that includes provisions regarding--
"(A) the employment, assignment, or termination of faculty;
"(B) the establishment of a department, center, research or lecture program, or new faculty position;
"(C) the selection or admission of a student; or
"(D) the award of a grant, loan, scholarship, fellowship, or other form of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.".
Amendment No. 133 Offered by Mrs. Fischbach of Minnesota
In title XVIII, subtitle A, add at the end the following new section:
SEC. 18__.
Text printed in the Record (10,462 characters)
ASSESSMENT OF DEPARTMENT OF DEFENSE SUPPLY CHAIN
VULNERABILITIES RELATED TO DISPLAYS USED IN
DEFENSE SYSTEMS.
(a) Assessment Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment of supply chain vulnerabilities related to displays used in weapon systems and platforms of the Department of Defense and shall submit that assessment to the congressional defense committees.
(b) Elements.--The assessment shall include--
(1) identification of weapon systems and platforms dependent on displays sourced from the People's Republic of China or Taiwan;
(2) assessment of risks of supply disruption and potential impacts of such disruption on operations;
(3) evaluation of the capabilities of the United States and allied nations for manufacturing advanced display technologies;
(4) analysis of emerging display technologies, including MicroLED displays; and
(5) recommendations for reducing any dependence of the Department on foreign sources for displays in critical weapon systems and platforms.
(c) Form.--The assessment shall be submitted in unclassified form, but may include a classified annex.
Amendment No. 134 Offered by Mr. Fitzgerald of Wisconsin
At the end of subtitle C of title VII, add the following new section:
SEC. 7__. RESEARCH AND ANALYSIS ON OPTIMAL PROTECTION
STRATEGIES FOR PREVENTING TRAUMATIC BRAIN
INJURY IN MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a multi-university research center focused on physics-based neutralization of threats to human tissues and organs to conduct research on understanding and preventing traumatic brain injuries in members of the Armed Forces.
(b) Elements.--The research conducted under subsection (a) shall seek to achieve the following:
(1) Determine critical cell-based injury thresholds in the brain due to blunt, blast, or directed energy exposures.
(2) Identify critical molecular injury pathways for developing a holistic understanding of brain injury and its neurodegenerative sequelae.
(3) Define force and energy transmission from outside the head to the brain.
(4) Define factors that influence subject-specific relative risk of injury.
(5) Develop exposure monitors to predict onset of brain injury.
(6) Develop countermeasure systems to optimally protect members of the Armed Forces from brain injury stemming from multimodal threats and operations in complex environments.
At the end of subtitle B of title XVII, insert the following new section:
SEC. 17__. STUDY RELATING TO DEVELOPMENT OF SUPERSONIC
AIRSPACE CORRIDOR.
(a) In General.--The Secretary of Defense shall conduct a study relating to establishing a supersonic airspace corridor between the airspace of the R-2508 Complex and the broad ocean area.
(b) Considerations.--In conducting the study under subsection (a), the Secretary shall consider the following:
(1) The feasible geographical parameters of the corridor.
(2) The effect of military and commercial aircraft systems in the corridor, including both manned and unmanned systems, reaching speeds up to Mach 4.9.
(3) The requirements to carry out launch and operations at all elevations, including bidirectional operations.
(4) The requirements needed to--
(A) activate the corridor with not more than 10 days of notice; and
(B) keep the corridor active for up to 4 hours at a time.
(c) Consultation.--In conducting the study under subsection (a), the Secretary shall consult with--
(1) authorities at the military installations in the R-2508 Complex, any relevant tenants, and the local space port to determine the demand for and requirements needed to the establish the corridor; and
(2) the Administrator of the Federal Aviation Administration and any other Federal, State, or local authority the Secretary determines appropriate.
(d) Submission to Congress.--Not later than March 1, 2027, the Secretary shall submit to the congressional defense committees the results of the study conducted under subsection (a).
At the end of subtitle F of title X, insert the following:
SEC. 10__. BRIEFING ON TEST MISSION ACCIDENT AT EDWARDS AIR
FORCE BASE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States is indebted to the service and dedication of Col. Gregory Watson, Lt. Col. Gabriel Estrella, Retired Lt. Col. Miles Middleton, Maj. Alexander Davis, Maj. Robert Dee, Maj. Brad Hovey, Jeromy Smith, and Christopher Rischar, who lost their lives in the B-52 Stratofortress crash on June 15, 2026; and
(2) the people of the United States should honor their memories and remember the sacrifice they and their families have made.
(b) Briefing.--Following the completion of the investigation into the B-52 Stratofortress crash on June 15, 2026, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall provide to the congressional defense committees a briefing on the crash.
At the end of subtitle C of title VII, insert the following:
SEC. 7__. BRIEFING ON MEDICAL AND SAFETY RESOURCES AT EDWARDS
AIR FORCE BASE.
Not later than February 1, 2027, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall provide to the congressional defense committees a briefing on the status and availability of medical and safety resources at Edwards Air
Force Base for members of the Armed Forces, civilian employees of the Department of Defense, and contractor personnel. The briefing shall include the following:
(1) The status of sufficient medical and safety resources.
(2) Whether sufficient emergency response assets exist to support lifesaving treatment.
(3) Any actions that need to be taken to improve the health and safety of such members, employees, and contractors.
At the end of subtitle B of title XXXI, add the following new section:
SEC. 31__. DESIGNATION OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION AS TECHNICAL NUCLEAR FORENSICS
LEAD.
(a) In General.--Section 3211(b) of the National Nuclear Security Administration Act (50 U.S.C. 2401(b)) is amended by adding at the end the following new paragraph:
"(7) To lead the technical nuclear forensics efforts of the United States.".
(b) Rule of Construction.--The amendment made by this section may not be construed to alter the functions vested in any department or agency of the Federal Government by statute other than the National Nuclear Security Administration pursuant to such amendment.
In title XVIII, subtitle A, add at the end the following new section:
SEC. 18__. REPORT ON NATIONAL SECURITY IMPLICATIONS OF
RESTRICTIONS ON THE CROSS-BORDER MOVEMENT OF
RARE EARTH ELEMENTS CONTAINING SCRAP EQUIPMENT
AND COMPONENTS.
(a) Report Required.--Not later than a one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the national security implications of imposing restrictions on the cross-border movement, export, or transfer of rare-earth-element-containing scrap equipment, devices, components, assemblies, and related materials generated in the United States. The Under Secretary may prepare the report in coordination with the Secretary of Commerce, the Secretary of State, the Secretary of Energy, and the Secretary of Homeland Security, other appropriate agencies, and may consult with domestic recyclers and processors, manufacturers, State and tribal governments, and other stakeholders.
(b) Contents.--The report shall include--
(1) an overview of the defense systems and supply chains that rely on rare earth permanent magnets and the estimated volume of rare-earth-element-containing scrap originating from the defense industrial base;
(2) the estimated quantity of rare-earth-element that could feasibly be recovered annually from domestically generated scrap;
(3) the extent to which rare-earth-element-containing scrap generated domestically is exported to foreign countries for recycling and processing;
(4) the extent to which scrap exports support rare-earth-element refining or magnet production in foreign countries of concern, such as the People's Republic of China;
(5) an assessment of current and projected capacity of domestic facilities to collect, process, and refine rare-earth-element-containing scrap materials;
(6) an evaluation of the potential impacts of imposing export restrictions on rare-earth-element-containing scrap on the defense industrial base, domestic recycling and processing capacity, and supply chain resilience for defense systems;
(7) identification of gaps in federal data collection regarding the export of rare-earth-element-containing scrap and recommendations to address said gaps; and
(8) recommendations for legislative or administrative actions to strengthen domestic recovery and processing of rare earths from scrap materials, including potential mechanisms for restricting export of rare-earth-element-containing scrap to support defense supply chain resilience.
Amendment No. 140 Offered by Mr. Vicente Gonzalez of Texas
Add at the end of subtitle G of title XXVIII, the following new section:
SEC. 28__. REPORT ON POWERTRAIN FACILITY AND FACILITY
MODERNIZATION AT CORPUS CHRISTI ARMY DEPOT,
CORPUS CHRISTI, TEXAS.
(a) In General.--Not later than 60 days after the date of the enactment of this section, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of Powertrain Engines Assembly Facility completion and facility modernization at Corpus Christi Army Depot, Corpus Christi, Texas.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) An accounting of the $60,000,000 provided for the Corpus Christi Army Depot in section 4601 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 139 Stat. 1535) for the project titled "COST TO COMPLETE--POWERTRAIN FACILITY (ENGINE ASSEMBLY".
(2) An accounting of the $174,000,000 provided under section 20010 of Public Law 119-21 (139 Stat. 124) for facility modernization and workload at Corpus Christi Army Depot.
In title XV, amend section 1541 to read as follows:
SEC. 1541.
Text printed in the Record (11,985 characters)
ROADMAP FOR MODERNIZATION OF TOP SECRET AND
SPECIAL ACCESS PROGRAM NETWORK ARCHITECTURES.
(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of Defense shall develop and submit to the congressional defense committees, and begin implementation of, a roadmap for the modernization of Department of Defense networks that process, store, or transmit information that is classified at the level of top secret or is designated as being within a special access program.
(b) Elements.--The roadmap required under subsection (a) shall include the following elements:
(1) An assessment of the current architecture, capacity, security posture, and technical limitations of such networks, including identification of major capability gaps, cybersecurity risks, infrastructure limitations, and technical debt.
(2) Target or reference architectures for modernized environments for such networks, including enterprise-level and component-level networks, as appropriate, with a preference for modern cloud-based platforms.
(3) Milestones and timelines for transition from current environments to the target or reference architectures.
(4) Plans to improve resilience, survivability, and operations of such networks in contested, degraded, or disconnected environments.
(5) Plans to improve interoperability and data sharing across such networks and relevant mission partner environments, as appropriate, with priority on real time cross domain, multi-level data sharing both up and down classifications.
(6) An assessment of high-performance computing and distributed computing requirements, whether locally or in cloud environments, necessary to support real-time sensor data fusion, advanced analytics, and artificial intelligence capabilities.
(7) An assessment of the extent to which such networks support the operational requirements of combatant commands, including the ability to enable integration with joint and mission partner environments.
(8) Identification of governance, roles, and responsibilities for modernization of such networks across the Department.
(9) Estimated resource requirements necessary to implement the roadmap.
(10) Identify and establish baseline domain-specific requirements and capabilities across elements of the Department, platform-as-a-service providers, and cloud service providers.
(c) Annual Report.--Not later than one year after the date of the enactment of this section, and annually there after for each of the next five years, the Secretary shall submit to the congressional defense committees a report on progress in implementing the roadmap required under subsection (a).
(d) Report Elements.--Each report submitted under subsection (c) shall include the following:
(1) Progress made toward roadmap milestones and modernization goals.
(2) Updates to the roadmap, as appropriate.
(3) Major risks, delays, or challenges affecting implementation.
(4) Budgetary resources requested and obligated for modernization of such networks.
(5) Any recommendations that the Secretary considers appropriate for legislative or funding actions to implement the roadmap.
(e) Form of Roadmap and Reports.--The roadmap required by subsection (a) and the reports required by subsection (c) shall be submitted in classified form, but may include an unclassified summary.
At the end of subtitle B of title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING NAMING A WARSHIP THE
USS PHOENIX.
It is the sense of Congress that the Secretary of the Navy should name one of the new warships the "USS Phoenix" as a memorial to the 1,177 members of the Armed Forces serving on the USS Arizona who were lost on December 7, 1941, in the attack on Pearl Harbor, Hawaii.
At the end of subtitle E of title VIII, insert the following new section:
SEC. 8__. REPORT ON SUPPLY OF RARE EARTH MATERIALS AND
ELEMENTS.
Not later than one year after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of the Interior, shall submit to Congress a report on the supply of rare earth materials and elements extracted, processed, and refined from secure sources of supply to develop and produce advanced technologies of the Department of Defense.
At the end of subtitle F of title XVIII, insert the following:
SEC. 18__. REPORT ON USE OF COPPER BY ARMED FORCES.
Not later than 180 days after the date of the enactment of this section, the Secretary
of Defense, in consultation with the Secretary of the Interior, shall submit to Congress a report that includes--
(1) an assessment of the annual copper requirements of the Armed Forces;
(2) an evaluation of the extent of the reliance of the Armed Forces on foreign sources of copper; and
(3) an identification of the effect that increased domestic mining and refining of copper may have on military readiness of the Armed Forces.
At the end of subtitle F of title XVIII, add the following new section:
SEC. 18__. PREFERENCE FOR DOMESTICALLY SOURCED URANIUM AND
OTHER CRITICAL MINERALS BY DEPARTMENT OF
DEFENSE AND NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Preference.--In carrying out programs of the Department of Defense and the National Nuclear Security Administration authorized under this Act, the Secretary of Defense and the Administrator for Nuclear Security shall, to the maximum extent practicable, give preference to the sourcing of uranium and other critical minerals that are mined and processed in the United States.
(b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary and the Administrator shall jointly submit to the congressional defense committees a report containing an assessment of--
(1) the domestic supply of uranium and other critical minerals for purposes of this section; and
(2) the dependence of the Department of Defense and the National Nuclear Security Administration on foreign countries of concern for such materials.
(c) Definitions.--In this section:
(1) The term "critical mineral" means any mineral on the list of critical minerals of the United States Geological Survey titled "Final 2025 List of Critical Minerals" (90 Fed. Reg. 50494), dated November 7, 2025, as in effect on the date of the enactment of this Act.
(2) The term "foreign country of concern" means a foreign country designated as such by the Secretary of Defense or the Administrator for Nuclear Security for purposes of this section.
Amend section 2831 to read as follows:
SEC. 2831. WITHDRAWAL AND RESERVATION OF LANDS LOCATED ON THE
YUMA PROVING GROUND, ARIZONA, TO SUPPORT
MILITARY READINESS AND SECURITY.
The Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127 Stat. 1025) is amended by adding at the end the following new subtitle:
"SEC. 2999B. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
"(a) Withdrawal.--Subject to valid existing rights and except as otherwise provided in this subtitle, the public land (including interests in the land) described in subsection (b), and all other areas within the boundary of the land depicted on the map described in that subsection that may become subject to the operation of the public land laws, is withdrawn from--
"(1) all forms of entry, appropriation, and disposal under the public land laws;
"(2) location, entry, and patent under the mining laws; and
"(3) disposition under all laws relating to mineral and geothermal leasing.
"(b) Description of Land.--The public land (including interests in the land) referred to in subsection (a) consists of--
"(1) the approximately 21,782.981 acres of Federal land--
"(A) generally depicted as `Highway 95 - Requested Withdrawal Area' on of the map titled `U.S. Army Yuma Proving Ground Withdrawal Highway 95 Withdrawal Area', sheet 2 of 3, dated March 12, 2025; and
"(B) excluding the approximately 800 acres of subsurface estate owned by the State of Arizona within the area generally depicted as `Surface Only Withdrawal/Subsurface Owned by Non-Federal Entity' on the map described in subparagraph (A); and
"(2) the approximately 249.29 acres of Federal land generally depicted as `Howard Cantonment - Requested Withdrawal Area' on the map titled `U.S. Army Yuma Proving Ground Withdrawal Howard Cantonment Withdrawal Area', sheet 3 of 3, dated March 12, 2025.
"(c) Reservation; Purpose.--The land described in subsection (b) is reserved for use by the Secretary of the Army for the purposes specified in Public Land Order No. 848 of July 1, 1952, and as authorized under section 2914.
"SEC. 2999C. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.
"(a) Applicable Laws.--Except for defense-related purposes managed by the Secretary of the Army in accordance with section 2999B(c), the Secretary of the Interior shall manage the land withdrawn and reserved by section 2999B in accordance with--
"(1) subtitle A and this subtitle;
"(2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
"(3) any other applicable law.
"(b) Authorized Activities.--To the extent consistent with applicable law and Executive orders, the land withdrawn and reserved by section 2999B may be managed in a manner that permits the following activities:
"(1) Conservation of wildlife and wildlife habitat.
"(2) Preservation of cultural properties.
"(3) Management of wild horses and burros.
"(4) Control of predatory and other animals.
"(5) Recreation, public access, and hunting.
"(6) Prevention and appropriate suppression of brush and range fires resulting from non-military activities.
"(c) Nondefense Uses.--Subject to subsection (d), all nondefense-related uses of the land withdrawn and reserved by section 2999B, shall be subject to any conditions and restrictions that the Secretary of the Interior and the Secretary of the Army jointly determine to be necessary to permit the defense-related use of the land for the purposes described in this section.
"(d) Issuance of Leases and Other Land Use Authorizations.--
"(1) In general.--The Secretary of the Interior shall be responsible for the issuance of any lease, easement, right-of-way, permit, license, or other instrument authorized by law with respect to any activity that traverses both--
"(A) the public land withdrawn and reserved by section 2999B; and
"(B) any other land in the vicinity of the land withdrawn and reserved by section 2999B that is not under the administrative jurisdiction of the Secretary of the Army.
"(2) Consent required.--Except as specified in section 2999E, any lease, easement, right-of-way, permit, license, or other instrument issued under paragraph (1) shall--
"(A) only be issued with the consent of the Secretary of the Army; and
"(B) be subject to such conditions as the Secretary of the Army may require with respect to the land withdrawn and reserved by section 2999B.
"SEC. 2999D. ASSIGNMENT OF MANAGEMENT RESPONSIBILITY TO
SECRETARY OF THE ARMY.
"(a) Authority To Assign Management Responsibility.--The Secretary of the Interior may assign the management responsibilities for the land withdrawn and reserved by section 2999B to the Secretary of the Army.
"(b) Applicable Law.--On assignment of the management responsibility under subsection (a), the Secretary of the Army shall manage the land in accordance with--
"(1) subtitle A and this subtitle;
"(2) title I of the Sikes Act (16 U.S.C. 670a et seq.);
"(3) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
"(4) cooperative management arrangements entered into by the Secretary of the Interior and the Secretary of the Army; and
"(5) any other applicable law.
"SEC. 2999E. UTILITY CORRIDOR.
"(a) Issuance of Utility Rights-of-Way.--Notwithstanding subsections (c) and (d) of section 2999C, the Secretary of the Interior may issue rights-of-way within the Bureau of Land Management designated Parker-Blaisdell Utility Corridor under the Federal Land Policy and Management Act of 1976 (43 U.S.C.
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1701 et seq.) for any critical regional-grid level utility infrastructure to include above-ground transmission lines, consistent with the Memorandum of Understanding between the United States Department of the Interior Bureau of Land Management Yuma Field Office and United States Army Garrison Yuma Regarding the Yuma Proving Ground Highway 95 Withdrawal, dated February 28, 2025.
"(b) Limitation on Delegation.--The authority to issue a right-of-way under subsection (a) may not be delegated below the level of the Bureau of Land Management State Director.
"(c) Army Consent Not Required.--The decision to issue a right-of-way under subsection (a) is not subject to consent by the Secretary of the Army; however, the Secretary of the Interior, in consultation with the Secretary of the Army, shall incorporate conditions in any right-of-way issued under subsection (a) as much as practicable to minimize impacts to the mission of the Army.
"(d) Limitation.--The authority to issue rights-of-way under subsection (a) may not be assigned to the Secretary of the Army.
"SEC. 2999F. DURATION OF WITHDRAWAL AND RESERVATION.
"The withdrawal and reservation of public land made by section 2999B shall be in effect for--
"(1) an indefinite period; or
"(2) until the Secretary of the Army determines that there is no longer a military need for the withdrawal and reservation.".
amendment no. 147 offered by mr. gottheimer of new jersey
At the end of subtitle F of title XII, add the following:
SEC. 12_. STUDY AND REPORT ON INTERNATIONAL SECURITY MEASURES
ON THE BORDER BETWEEN GAZA AND EGYPT.
(a) In General.--The Secretary of Defense, in coordination with the Secretary of State, shall conduct a study on steps that Israel, Egypt, and the United States can take to enhance international security measures on the border between Gaza and Egypt to ensure Hamas and other actors do not use tunnels or methods via the Mediterranean Sea to smuggle weapons and illicit goods.
(b) Report.--
(1) In general.--The Secretary shall submit to the appropriate congressional committees a report that contains the results of the study.
(2) Matters to be included.--The report required by this subsection shall include a description and map indicating existing tunnels on the border between Gaza and Egypt.
(3) Definition.--In this subsection, the term "appropriate congressional committees" means--
(A) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.
amendment no. 148 offered by mr. gottheimer of new jersey
At the end of subtitle J of title V, add the following new section:
SEC. 5__. ASSESSMENT OF ANTISEMITISM IN THE SERVICE
ACADEMIES.
(a) Inclusion.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall ensure that the Defense Organizational Climate Survey (hereinafter, "DEOCS") includes specific questions to assess the prevalence, nature, and impact of antisemitism in the Service Academies (as such term is defined in section 347 of title 10, United States Code). The questions included shall be designed to gather detailed information on the following:
(1) Instances of antisemitic behavior, language, and symbols.
(2) Perceptions of antisemitism among members, cadets, and midshipmen.
(3) The impact of antisemitism on unit cohesion, morale, and readiness.
(4) The effectiveness of current policies and training programs in addressing antisemitism.
(b) Reporting Requirements.--
(1) Annual report.--The Secretary of Defense shall submit a report to the congressional defense committees not later than 180 days after the enactment of this Act, and annually thereafter, detailing the following:
(A) The findings from the antisemitism assessment.
(B) Steps taken to address identified issues related to antisemitism.
(C) Recommendations for additional actions to mitigate antisemitism in the Armed Forces.
(2) Inclusion in existing report.--The results of the antisemitism assessment shall be included in the annual report on the results of the DEOCS.
amendment no. 149 offered by mr. gottheimer of new jersey
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR NATIONAL DEFENSE EDUCATION PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for basic research, National Defense Education Program, line 6, is hereby increased by $5,000,000 (with the amount of such increase to be used to strengthen and expand STEM education opportunities and workforce initiatives targeted at military students).
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for Operation and Maintenance, Defense-wide, for Washington Headquarters Services, line 510, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.
amendment no. 150 offered by mr. gottheimer of new jersey
At the end of subtitle G of title V, add the following new section:
SEC. 5__. ADDITIONAL FUNDING FOR SKILLBRIDGE.
(a) Funding.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for administration and service-wide activities for the Office of the Secretary of Defense, line 480, as specified in the corresponding funding table in section 4301, is hereby increased by $5,000,000 for the Skillbridge program.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for administration and service-wide activities for Washington Headquarters Services, line 510, as specified in the corresponding funding table in section 4301, is hereby reduced by $5,000,000.
At the end of subtitle C of title VII, add the following new section:
SEC. 7__. IMPROVEMENTS TO PILOT PROGRAM ON WASTEWATER
SURVEILLANCE SYSTEM OF THE DEPARTMENT.
Section 733 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119-60; 10 U.S.C. 1071 note) is amended--
(1) in subsection (a), by inserting "or covered drugs" after "infectious diseases";
(2) in subsection (c), by striking "two-year" and inserting "five-year"; and
(3) by adding at the end the following new subsection:
"(d) Covered Drugs Defined.--In this section, the term `covered drugs' means any drug the Secretary determines appropriate to identify under the pilot program, such as synthetic opioids or harmful stimulants included in counterfeit pills.".
At the end of title XXXV, insert the following:
SEC. 35__. VICE ADMIRALS.
Section 305(a)(1)(A) of title 14, United States Code, is amended--
(1) by striking "five" and inserting "6" in each place it appears; and
(2) in clause (ii) by striking "one position shall oversee personnel management, workforce, and dependent support, training, and related matters; and" and inserting the following: "two of such positions shall include--
"(I) one that oversees personnel management, workforce and dependent support, training, and related matters; and
"(II) one that oversees design, planning, engineering, construction, rebuilding, and improvement of and program management for cutters, small boats, aircraft and shoreside infrastructure; and".
SEC. 35__. CHIEF PREVENTION OFFICER.
Section 312 of title 14 is amended--
(1) by redesignating subsections (a), (b), (c), (d), (e), (f) and (g) as subsections (f), (g), (h), (i), (j), (k), and (l), respectively; and
(2) by inserting the following:
"(a) In General.--There shall be in the Coast Guard a Chief Prevention Officer selected by the Commandant who shall serve in the grade of a Rear Admiral (Upper Half) or higher. At a minimum, the Chief Prevention Officer shall serve at the Assistant Commandant level.
"(b) Responsibilities.--The Chief Prevention Officer shall be responsible for carrying out the duties set forth in section 504(c).
"(c) Authorities.--In addition to the duties described in subsection (b), the Chief Prevention Officer shall--
"(1) be the sole office for the Coast Guard to promulgate regulations and agency policy regarding all Coast Guard duties in marine safety, security, and stewardship, subject only to the Commandant's directives;
"(2) make recommendations to the Commandant for the adoption of new methodologies or technologies that should be leveraged for marine safety, security, and stewardship; and
"(3) coordinate with Coast Guard research and development and have the authority to enter into memorandums of agreement or similar with public or private entities for the purpose of testing and assessing new technology.
"(d) Staff.--Under the direction of the Chief Prevention Officer, a civilian from the Senior Executive Service (career reserved) shall serve as the Deputy Chief Prevention Officer.
"(e) Limitations.--
"(1) In general.--The Secretary of the department in which the Coast Guard is operating is prohibited from removing or redesignating the Chief Prevention Officer position, to include the Deputy Chief Preservation Officer, unless otherwise permitted by an express Act of Congress.
"(2) Final agency action.--The Chief Prevention Officer, or his or her designee, has the sole authority to make agency decisions regarding marine safety, security, and stewardship in accordance with his or her duties. These decisions shall be considered final agency action, and may only be appealed up to the Commandant of the Coast Guard.".
SEC. 35__. CYBER COORDINATION AND SUPPORT IN FOREIGN
TERRITORIES.
Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
"Sec. 723. Cyber coordination in foreign territories
"(a) In General.--The Secretary, acting through the Commandant, may coordinate with and provide support to a foreign entity for cyber operations prevention and response including cyber assessments, audits, inspections, and operations related to a marine transportation system and assets located outside the United States that have a nexus to the United States Marine Transportation System, or illegal, unreported, and unregulated fishing.
"(b) Coordination.--The Secretary may provide support under subsection (a) after coordination with the Secretary of State.
"(c) Reimbursement Authority.--The Secretary may require reimbursement from a foreign entity for costs incurred by the Coast Guard for assistance provided under subsection (a).
"(d) Definitions.--In this section:
"(1) Foreign entity.--The term `foreign entity' includes foreign governments and intergovernmental organizations the Secretary considers appropriate with consent from the Secretary of State.
"(2) Marine transportation system.--The term `marine transportation system' means a navigable water transportation system, including the vessels, ports (and intermodal connections thereto), and shipyards and other vessel repair facilities that are components of that system.
"(3) United states marine transportation system.--The term `United States Marine Transportation System' has the meaning given the term `marine transportation system' in section 3516 of the National Defense Authorization Act for Fiscal Year 2010 (49 U.S.C. 109 note).".
SEC. 35__.
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AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN
CONTRACTS, COOPERATIVE AGREEMENTS, AND GRANTS.
Section 1158 of title 14, United States Code, is amended--
(1) in the section heading, by striking "contracts and grants" and inserting "contracts, cooperative agreements, and grants";
(2) by amending subsection (a) to read as follows:
"(a) In General.--Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to operate, test, and acquire cost-effective technology for the purpose of meeting the mission needs of the Coast Guard, including--
"(1) transactions for prototype projects; and
"(2) follow-on production contracts or transactions awarded under subsection (f) for the purpose of transitioning technology that has been successfully operated, tested, and evaluated using transactions (other than contracts, cooperative agreements, and grants) involving the Coast Guard, the Department of Homeland Security, a consortium of United States industry and academic institutions, or the Department of Defense (including any military department or component of the Department of Defense).";
(3) by redesignating subsection (f) as subsection (g); and
(4) by inserting after subsection (e) the following:
"(f) Follow-on Production Contracts and Transactions.--
"(1) In general.--A transaction entered into under subsection (a) may provide for the award of a follow-on production contract or transaction to the participants in the transaction.
"(2) Competitive procedures.--Notwithstanding the requirements of chapter 221 of title 10 and even if explicit notification was not listed within the request for proposal for the transaction, a follow-on production contract or transaction provided for in a transaction under subsection (a) may be awarded to the participants in the transaction without the use of competitive procedures if--
"(A) competitive procedures were used for the selection of parties for participation in the transaction; and
"(B) the participants in the transaction successfully completed the prototype project provided for in the transaction.
"(3) Determination.--A follow-on production contract or transaction may be awarded, pursuant to this subsection, when the Commandant determines that an individual prototype or prototype subproject as part of a consortium is successfully completed by the participants.".
SEC. 35__. COAST GUARD ACADEMY ADJUNCT PROFESSORS.
Chapter 19 of title 14, United States Code, is amended by adding at the end the following:
"Sec. 1949. Adjunct professors
"(a) In General.--
"(1) Determination.--If the Commandant determines that there is a need for adjunct professors and the need is not of permanent duration, the Commandant may enter into contracts under paragraph (2).
"(2) Contracts.--Subject to a determination under paragraph (1), the Commandant may enter into personal service contracts with individuals to provide services as adjunct professors at the Academy.
"(b) Limitation.--At no time shall the number of individuals with whom the Commandant has entered into personal service contracts under subsection (a), exceed 5 percent of the entirety of the instructional staff, part-time and full-time, at the Academy.
"(c) Contract Requirements.--Each contract entered into pursuant to subsection (a)--
"(1) shall be approved by the Commandant;
"(2) shall be for delivery of not more than 12 credits per semester, for not more than 3 years; and
"(3) shall be subject to the availability of appropriations.
"(d) Extensions and Renewals.--Each individual covered by a contract under subsection (a)(2) shall be limited to 2 contracts.".
SEC. 35__. DESIGNATION OF OFFICERS WITH PARTICULAR EXPERTISE
IN HIGHLY SKILLED PROFESSIONAL FIELDS.
Section 2132 of title 14, United States Code, is amended--
(1) in the section heading, by striking "military justice or healthcare" and inserting "military justice, healthcare, or other highly skilled professional fields";
(2) in subsection (a)--
(A) in paragraph (1), by striking "or" at the end;
(B) in paragraph (2), by striking the period and inserting "; or"; and
(C) by adding at the end, the following new paragraph:
"(3) other highly skilled professional fields.";
(3) in subsection (b), by striking "section 2126" and inserting "regulations prescribed by the Secretary"; and
(4) by adding at the end, the following new subsection:
"(c) Definition of Other Highly Skilled Professional Fields.--For purposes of this section, the term `other highly skilled professional fields' means professional occupational specialties that require advanced technical expertise, or highly specialized training as determined appropriate by the Secretary, or a professional certification.".
SEC. 35__. THE EFFECT OF FAILURE OF SELECTION FOR PROMOTION.
(a) Regular Lieutenants; Separation for Failure of Selection for Promotion; Continuation.--Section 2143 of title 14, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsection (c) and (d) respectively;
(2) in subsection (d), as so redesignated, by striking "subsection (b)" and inserting "subsection (c)"; and
(3) by inserting after subsection (a) the following:
"(b) Completion of Active Duty Service Obligation.--
"(1) In general.--If an officer is subject to discharge under paragraphs (1) or (2) of subsection (a) and, as of the date on which the officer is to be discharged under such subsection, the officer has not completed the officer's active duty service obligation, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under subsection (a)(1), unless sooner retired or discharged under another provision of law.
"(2) Waiver.--The Secretary may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in the best interest of the service.".
(b) Regular Lieutenant Commanders and Commanders; Retirement for Failure of Selection for Promotion.--Section 2145 of title 14, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
(2) in subsection (d)(2), as so redesignated, by striking "subsection (b)" and inserting "subsection (c)"; and
(3) by inserting after subsection (a) the following:
"(b) Completion of Active Duty Service Obligation.--
"(1) In general.--If an officer is subject to discharge under paragraph (1) or (2) of subsection (a) and, as of the date on which the officer is to be discharged under such subsection, the officer has not completed the officer's active duty service obligation, the officer shall be retained on active duty until completion of such active duty service obligation, and then be discharged under paragraph (1) or (2) of subsection (a), unless sooner retired or discharged under another provision of law.
"(2) Waiver.--The Secretary may waive the applicability of paragraph (1) to any officer if the Secretary determines that completion of the active duty service obligation of that officer is not in the best interest of the service.".
SEC. 35__. SERVICE CREDIT FOR NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION OR THE PUBLIC HEALTH
SERVICE.
Section 2152 of title 14, United States Code, is amended--
(1) by striking "Any regular" and inserting--
"(a) In General.--Any regular"; and
(2) by adding at the end the following:
"(b) Service Credit.--For purposes of subsection (a), active commissioned service in the National Oceanic and Atmospheric Administration or the Public Health Service shall be credited as active commissioned service in the armed forces for purposes of determining the retirement eligibility and computing the retired pay of a member of the armed forces.".
SEC. 35__. REMOTE APPEARANCE BEFORE A BOARD OF INQUIRY.
Section 2162 of title 14, United States Code, is amended--
(1) in paragraph (3) by striking "allowed" and inserting "subject to subsection (b), allowed";
(2) in the matter preceding paragraph (1) by striking "Each Officer" and inserting the following:
"(a) In General.--Each Officer"; and
(3) by adding at the end the following new subsection (b):
"(b) Remote Appearance.--The Secretary may determine that, in exceptional circumstances, the appearance of an officer before the proceedings of a board of inquiry under section 2159 of this title may be via a means other than in person.".
SEC. 35__. CAPTAIN OF THE PORT AUTHORITIES OVER UNMANNED
MARITIME SYSTEMS.
Subchapter I of chapter 700 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 70008. Captain of the port authorities over unmanned
maritime systems
"(a) In General.--For the purposes of sections 70002, 70022, 70051, and 70116, and any regulations or orders issued thereunder, an unmanned maritime system shall be treated as a vessel.
"(b) Enforcement.--Any violations involving an unmanned maritime system shall be subject to enforcement and penalties under sections 70036, 70052, 70019, and 70120, as appropriate.
"(c) Special Authority Beyond Territorial Sea.--
"(1) In general.--The Commandant of the Coast Guard is authorized to order an unmanned maritime system, consistent with customary international law, to operate or anchor in a manner the Commandant directs if the Commandant considers such order necessary--
"(A) for the promotion of safety of life and property on the artificial islands, installations, or other devices referred to in section 4(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)), and the waters adjacent thereto;
"(B) protection of the marine environment; or
"(C) protection of sovereign rights with respect to marine scientific research in the Exclusive Economic Zone and on the outer Continental Shelf.
"(2) Violation.--A violation of an order issued under this subsection shall be treated as a violation under this chapter and section 70036 shall apply.
"(d) Definitions.--In this section:
"(1) Unmanned maritime system.--The term `unmanned maritime system' means a self-propelled watercraft that navigates on the surface or subsurface of the water and is designed to operate without human operators onboard or a tether to a vessel.
"(2) Marine environment.--The term `marine environment' has the meaning given the term in section 70031 of title 46, United States Code.
"(3) Exclusive economic zone.--The term `Exclusive Economic Zone' has the meaning given the term `Exclusive Economic Zone of the United States' in Presidential Proclamation 5030.
"(4) Outer continental shelf.--The term `outer Continental Shelf' has the meaning given the term in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).".
SEC. 35__. TECHNICAL AMENDMENTS TO SURVEILLANCE REQUIREMENTS.
Section 4901 of title 46, United States Code, is amended--
(1) in subsection (a) by striking "passengers" and inserting "passengers for hire";
(2) in subsection (b)(3) by striking "(43 U.S.C. 1331(a))." and inserting "(43 U.S.C. 1331(a)))."; and
(3) by redesignating the second subsection (g) as subsection (i).
SEC. 35__. RECEPTION FACILITIES.
Section 6(a)(3) of the Act to Prevent Pollution from Ships (33 U.S.C. 1905(a)(3)) is amended to read as follows:
"(3) The Secretary, after consultation with the Administrator and appropriate Federal agencies, shall prescribe regulations setting criteria for determining the adequacy of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues at a port or terminal, and stating any additional measures and requirements as are appropriate to ensure such adequacy. Persons in charge of ports and terminals shall provide reception facilities, or ensure that reception facilities are available, in accordance with those regulations.
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The Secretary, after consultation with the Administrator, may prescribe regulations to certify, and may issue certificates to the effect, that a port's or terminal's facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues from ships are adequate.".
SEC. 35__. SUPPORT.
(a) In General.--Chapter 19 of title 14, United States Code, is amended by inserting after subchapter III the following:
(b) Support for Coast Guard Academy.--Section 953 of title 14, United States Code, is--
(1) redesignated as section 1951 of such title;
(2) transferred to appear after subchapter IV of such title; and
(3) amended by striking--
(A) subsection (h); and
(B) "the athletic programs of" each place it appears, except in subsection (d)(3).
(c) Mixed-funded Programs.--Section 954 of title 14, United States Code, is--
(1) redesignated as section 1952 of such title;
(2) transferred to appear after section 1951 of such title (as redesignated by this Act); and
(3) amended by--
(A) striking the section heading and inserting "mixed-funded programs of the coast guard academy";
(B) in subsection (a) by striking "athletic or recreational extracurricular"; and
(C) in subsection (b)--
(i) by striking "athletic or recreational extracurricular" each place it appears; and
(ii) by striking "an" and inserting "a".
(d) Authorization for Use of Coast Guard Academy Facilities and Equipment by Qualified Organizations.--Section 1908 of title 14, United States Code, is--
(1) redesignated as section 1953 of such title;
(2) transferred to appear after section 1952 of such title (as redesignated by this Act); and
(3) amended--
(A) by striking the section title and inserting "authorization for use of coast guard academy facilities and equipment by qualified organizations"; and
(B) by striking subsection (f); and
(C) by striking "covered foundation" and inserting "qualified organization" each place it appears.
(e) Participation in Federal, State, or Other Educational Research Grants.--Section 1906 of title 14, United States Code--
(1) is redesignated as section 1954 of such title;
(2) transferred to appear after section 1953 of such title (as redesignated by this Act); and
(3) amended by striking paragraph (5).
(f) Qualified Organization.--Subchapter IV of chapter 19 of title 14, United States Code, as added by this Act, is further amended by inserting after section 1954 the following:
"Sec. 1955. Qualified organization
"(a) Qualified Organization Defined.--In this subchapter, the term `qualified organization' means an organization--
"(1) that is a charitable, scientific, or educational organization that operates under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of such section;
"(2) for which authorization under sections 1033(a) and 1589(a) of title 10 may be provided; and
"(3) that the Secretary determines operates exclusively to support--
"(A) recruiting activities with respect to the Coast Guard Academy;
"(B) parent or alumni development in support of the Coast Guard Academy;
"(C) academic, leadership, or character development of Coast Guard Academy cadets;
"(D) institutional development of the Coast Guard Academy;
"(E) athletics in support of the Coast Guard Academy; or
"(F) academic research, including applying for and administering Federal, State, or other educational research grants on behalf of the Coast Guard Academy.".
SEC. 35__. REPORT AND RECOMMENDATIONS ON INTEGRATION OF
AUTONOMOUS AND REMOTELY OPERATED VESSELS.
(a) In General.--Not later than 12 months after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the safe integration of autonomous and remotely operated vessels into the marine transportation system of the United States.
(b) Consultation.--In preparing the report under subsection (a), the Commandant shall consult with--
(1) the National Merchant Marine Personnel Advisory Committee established under section 15103 of title 46, United States Code;
(2) the National Merchant Mariner Medical Advisory Committee established under section 15104 of title 46, United States Code; and
(3) vessel operators, builders, classification societies, licensed maritime labor organizations, unlicensed maritime labor organizations, and longshore labor organizations.
(c) Contents.--The report required under subsection (a) shall include--
(1) an assessment of the provisions of title 46, United States Code, and the laws codified in title 33, United States Code, and the regulations issued thereunder, that condition the operation, manning, or navigation of a vessel on the performance of a function by an individual onboard and that may impact the safe operation of autonomous or remotely operated vessels, including--
(A) the manning and complement requirements under sections 8101 and 8301 of title 46, United States Code;
(B) the look-out requirement under the International Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.) and the Inland Navigational Rules under title 33, Code of Federal Regulations, as in effect on the date of enactment of this Act;
(C) the vessel design, construction, inspection, operation, and management requirements under chapters 32 and 33 of title 46, United States Code; and
(D) the vessel and facility security requirements under chapter 701 of title 46, United States Code;
(2) for each provision identified under paragraph (1), a determination of whether the provision may be addressed by the Secretary under existing authority, including through equivalency or alternative compliance determinations, or requires additional statutory authority;
(3) recommendations for any statutory or regulatory amendments the Commandant determines necessary or advisable to permit the safe operation of autonomous or remotely operated vessels on a basis providing a level of safety and security equivalent to or greater than that provided by a conventionally crewed vessel, including proposed legislative changes for any recommended statutory amendment;
(4) an analysis of the evolving role of merchant mariners in operating and supporting such vessels, both onboard and from remote locations, including effects on mariner training, credentialing, and the maritime workforce; and
(5) a description of how the recommendations relate to the safety and equivalency framework of the International Maritime Organization International Code of Safety for Maritime Autonomous Surface Ships, to support interoperability for vessels of the United States operating on international voyages.
(d) Interim Briefing.--Not later than 6 months after the date of enactment of this Act, the Commandant shall brief the Committees described in subsection (a) on the progress of the report.
(e) Rule of Construction.--Nothing in this section authorizes the operation of any vessel or modifies any requirement of title 46, United States Code, or the laws codified in title 33, United States Code.
SEC. 35__. REMOTELY CREWED OFFSHORE SUPPLY VESSEL PILOT
PROGRAM.
(a) In General.--Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall establish a pilot program to allow operation of remotely crewed offshore supply vessels described in subsection (b) in the Gulf of America.
(b) Eligible Vessels.--Eligible vessels that may participate in the pilot program shall be limited to coastwise qualified vessels documented and endorsed under section
12112 of title 46, United States Code, which are remotely operated offshore supply vessels that have been built or repaired in United States shipyards within 5 years of the date of enactment of this Act, do not exceed 6,000 deadweight tons, and are not longer than 350 feet in overall length.
(c) Waiver of Certain Requirements.--The Commandant shall modify or waive applicable vessel design and construction regulations regarding crew accommodations and related requirements, as necessary, to allow the vessels operating in the pilot program described in subsection (a) to operate in the Gulf of America while ensuring navigation safety and the reliable, safe and secure operation of such vessels.
(d) Geographic Limitations.--The vessels operating under the pilot program established under subsection (a) shall only be allowed to operate remotely within the Gulf of America beyond 12 nautical miles from shore.
(e) Operating Requirements.--All operating functions of vessels operating under the pilot program established under subsection (a), including navigation, engineering, and vessel monitoring, shall be performed by credentialed United States citizens under standards established by the Coast Guard. The crew complement for each vessel shall be identical in size and certification to the currently required crew complement for vessels of this type, size and power.
(f) Report Required.--During the course of the pilot program established under subsection (a), the Commandant shall provide semiannual reports on the pilot program to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, which shall include--
(1) a description on the number of vessels participating in the pilot program;
(2) the number of voyages conducted by such vessels; and
(3) any information deemed relevant by the Commandant on the operation of such vessels in the pilot program.
(g) Length of Pilot Program.--The pilot program described in subsection (a) is authorized for a period of 5 years commencing on the date on which the Coast Guard establishes such pilot program.
SEC. 35__. CHANGE OF HOMEPORTS OR AIR STATIONS.
Section 910 of title 14, United States Code, is amended to read as follows:
"Sec. 910.
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Change of homeports or air stations
"(a) In General.--Except as provided in subsection (b), the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy may not permanently--
"(1) close any Coast Guard station or unit; or
"(2) change the homeport of any cutters or the air station to which any aircraft is assigned.
"(b) Notification to Congress.--
"(1) In general.--Not later than 6 months before taking any permanent action under subsection (a)(1), or 90 days before taking any permanent action under subsection (a)(2), the Secretary of the department in which the Coast Guard is operating when not operating as a service in the Navy shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, in writing, of such a closure or change.
"(2) Contents.--The Secretary shall include in any notification under paragraph (1) an evaluation of the impacts of such a closure or change on--
"(A) spending from the Coast Guard;
"(B) the Operations and Support Account;
"(C) the Procurement, Construction, and Improvement Account;
"(D) the Environmental Restoration Account;
"(E) Coast Guard operations; and
"(F) the ability of the infrastructure of receiving communities, if any, to support forces, missions, and personnel as a result of such closure or change.
"(c) Limitation.--This section shall not apply to the closure of a Coast Guard station or unit or a realignment with respect to a Coast Guard station or unit, if the President certifies to the Congress in writing that such closure or change is implemented for reasons of national security.
"(d) Public Comment.--Before taking any closure or change action under this section, temporary or otherwise, the Commandant shall provide an opportunity for public comment and for public meetings in the area of the Coast Guard station or unit with regard to the decision to close such station or subunit.
"(e) Definitions.--In this section:
"(1) Coast guard station or unit.--The term `Coast Guard station or unit' means a base, station, yard, center, homeport facility for any ship or cutter, or other facility under the jurisdiction of the of Coast Guard, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam.
"(2) Closure; change.--The terms `closure' or `change' includes any action which both reduces and relocates functions and civilian personnel positions, but does not include a reduction in force resulting from workload adjustments, reduced personnel or funding levels, or skill imbalances for a period of more than 30 days in a calendar year.".
SEC. 35__. ARCHITECTURAL AND ENGINEERING SERVICES AND
CONSTRUCTION DESIGN; DESIGN-BUILD SELECTION
PROCEDURES.
Subchapter I of chapter 11 of title 14, United States Code, is amended by adding at the end the following:
"Sec. 1112. Architectural and engineering services and
construction design
"(a) In General.--The Secretary may obtain architectural and engineering services and may carry out construction design in connection with the construction of facilities authorized under section 4902(2)(A).
"(b) Notification.--
"(1) In general.--In the case of architectural and engineering services and construction design to be undertaken under subsection (a) for which the estimated cost exceeds $5,000,000, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services.
"(2) Timing of obligation.--The Secretary may obligate funds for services described in paragraph (1) only after the end of the 14-day period beginning on the date on which the notification is provided to the Committees under paragraph (1).
"Sec. 1113. Design-build selection procedures
"Unless the traditional acquisition approach of design-bid-build established under chapter 11 of title 40 is used, or another acquisition procedure authorized by law is used, when entering into a contract for the design and construction of facilities authorized under section 4902(2)(A), the Secretary shall use the two-phase selection procedures authorized in subsections (a) through (e) of section 3241 of title 10, if such project is determined appropriate for the use of such a two-phase project when the criteria use included in section 3241(b) are applied to the project.".
Amendment No. 153 Offered by Mr. Harrigan of North Carolina
At the end of subtitle B of title II, add the following new section:
SEC. 2. MODIFICATIONS TO JOINT ARTIFICIAL INTELLIGENCE
RESEARCH, DEVELOPMENT, AND TRANSITION
ACTIVITIES.
(a) In General.--Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
"(1) In general.--The Secretary of Defense shall maintain within the Department of Defense a set of activities, led by the Chief Digital and Artificial Intelligence Officer (referred to in this section as the `CDAO'), to coordinate the efforts of the Department to develop, mature, and transition artificial intelligence technologies into operational use, and to prepare the Department for the national security implications of artificial general intelligence and other forms of highly advanced artificial intelligence."; and
(B) by adding at the end the following new paragraph:
"(3) Artificial general intelligence preparedness.--The set of activities established under paragraph (1) shall include a dedicated initiative (referred to in this section as the `AGI Preparedness Initiative') to--
"(A) study and prepare for the national security implications of artificial general intelligence;
"(B) analyze strategic competition with the People's Republic of China and other adversaries with respect to artificial general intelligence and highly advanced artificial intelligence; and
"(C) develop countermeasures against adversary artificial intelligence-enabled military capabilities.";
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (J), by striking "and" at the end;
(ii) in subparagraph (K), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following new subparagraphs:
"(L) review relevant industry, scientific, and classified documents describing artificial general intelligence and other forms of highly advanced artificial intelligence, including the preparedness frameworks, scaling policies, and risk management frameworks of advanced artificial intelligence developers;
"(M) develop and maintain an internal set of definitions for the Department that characterizes tiers of artificial general intelligence to inform intelligence collection requirements, program and procurement requirements, and national strategy around advanced artificial intelligence competition, with emphasis on describing the capabilities of artificial intelligence systems with the most significant impacts for national security and strategic competition, including chemical, biological, radiological, and nuclear capabilities, advanced cyber capabilities, model autonomy, strategic deception, advanced research and development capabilities in military domains, and advanced research and development capabilities for producing increasingly powerful artificial intelligence;
"(N) develop and conduct unclassified and classified scenario exercises, wargames, tabletop exercises, and other similar efforts to understand how artificial general intelligence and advanced artificial intelligence capabilities could present acute national security risks or crises, pose risks to existing Department operational plans, or create strategic opportunities for the United States;
"(O) develop preparedness plans detailing governmental response strategies to scenarios described in subparagraph (N), including detailed information describing how the Department would coordinate with relevant United States entities, including advanced artificial intelligence developers, compute cluster providers, and relevant government officials, in the event of an acute national security risk or crisis;
"(P) identify potential gaps in the Department's authorities, relationships, personnel, or other factors that could affect the Department's ability to address scenarios described in subparagraph (N) or execute plans described in subparagraph (O);
"(Q) develop a detailed approach to limit the proliferation of artificial general intelligence and other highly advanced artificial intelligence systems by defining artificial intelligence systems with critical capabilities that would pose a grave national security threat if acquired or stolen by adversaries, reviewing and potentially drawing from approaches derived from Department of Energy practices for handling Restricted Data and Formerly Restricted Data, as well as approaches for handling other national security information;
"(R) assess the value of creating a centralized, highly secure, Department-led project to develop artificial general intelligence or other highly advanced artificial intelligence in a secure environment, including examination of the chain-of-command, size and location of such project, resources and personnel required, cyber and physical security protocols, counterintelligence and anti-espionage measures against the People's Republic of China and other foreign adversaries, contingency and emergency response plans, and geopolitical considerations; and
"(S) prepare strategies to protect the weights of advanced artificial intelligence systems, core insights required to develop or deploy advanced artificial intelligence systems, and other sensitive technical information from highly resourced adversaries, including nation-states."; and
(B) by adding at the end the following new paragraphs:
"(4) Adversary artificial intelligence analysis.--
"(A) In general.--The CDAO shall establish a dedicated analytical cell to continuously monitor, assess, and report on the progress of the People's Republic of China and other adversaries designated by the Secretary in developing artificial general intelligence and advanced artificial intelligence capabilities for military and intelligence applications.
"(B) Duties.--Such analytical cell shall--
"(i) coordinate with the Defense Intelligence Agency, the National Security Agency, the Central Intelligence Agency, and other elements of the intelligence community to ensure timely access to classified reporting on adversary artificial intelligence development programs;
"(ii) produce, not less frequently than annually, classified assessments of adversary artificial intelligence military capabilities, including identified applications in autonomous weapons systems, command and control, intelligence analysis, cyber operations, electronic warfare, and information operations;
"(iii) develop and maintain a classified database of identified People's Republic of China artificial intelligence military programs, key personnel, institutional relationships, supply chain dependencies, and assessed capability timelines;
"(iv) assess the effectiveness of existing United States technology control and denial measures in constraining adversary artificial intelligence capabilities and recommend modifications as needed, in coordination with other relevant interagency bodies;
"(v) develop specific countermeasure recommendations and identify vulnerabilities in adversary artificial intelligence systems that could be exploited to maintain United States military
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advantage; and
"(vi) identify strategies for improving strategic competition relating to advanced artificial intelligence, including strategies to ensure United States leadership in global artificial intelligence competition and strategies to avoid or mitigate national security threats from such competition.
"(C) Personnel.--The analytical cell required by this paragraph shall include personnel with demonstrated expertise in People's Republic of China military modernization, technical artificial intelligence competence, and intelligence analysis.
"(5) Countermeasure development.--The CDAO shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of the Defense Advanced Research Projects Agency, develop and maintain a classified program of research and development focused on countermeasures against adversary artificial intelligence-enabled military capabilities, including autonomous weapons systems, artificial intelligence-directed cyber operations, artificial intelligence-enhanced intelligence collection, and artificial intelligence-enabled command and control systems.
"(6) Workforce requirements.--
"(A) In general.--Not later than 180 days after the date of the enactment of this paragraph, the CDAO shall develop and submit to the congressional defense committees minimum qualification standards for personnel assigned to artificial general intelligence preparedness functions under this section, including requirements for technical expertise in machine learning, neural network architectures, computational infrastructure, and artificial intelligence safety and alignment research.
"(B) Hiring authority.--The CDAO shall establish a competitive hiring authority, consistent with section 1599f of title 10, United States Code, to recruit and retain individuals with demonstrated expertise in advanced artificial intelligence research and development from private industry, academia, and national laboratories.
"(C) Technical staff.--Not less than 50 percent of the technical staff assigned to artificial general intelligence preparedness functions under this section shall possess graduate-level education or equivalent professional experience in artificial intelligence, machine learning, computer science, or a directly related field.
"(D) Exchange program.--The Secretary of Defense shall establish an exchange program with leading artificial intelligence research laboratories and companies to provide personnel assigned to functions under this section with rotational assignments of not less than 90 days to maintain current technical expertise.
"(E) Report.--Not later than one year after the date of the enactment of this subparagraph, and annually thereafter, the CDAO shall submit to the congressional defense committees a report on the status of workforce recruitment and retention for functions under this section, including the number of billets authorized and filled, attrition rates, average tenure, and an assessment of the competitiveness of Department compensation relative to the private sector for comparable artificial intelligence positions.
"(7) Senior leader artificial intelligence education.--
"(A) In general.--The CDAO, in coordination with the Chairman of the Joint Chiefs of Staff, shall develop and implement an artificial intelligence education program for all general and flag officers, members of the Senior Executive Service within the Department, and combatant command staff principals.
"(B) Elements.--Such program shall include--
"(i) technical foundations of current artificial intelligence capabilities and limitations;
"(ii) the current state and projected trajectory of artificial general intelligence development;
"(iii) adversary artificial intelligence military capabilities and doctrine, with emphasis on People's Republic of China programs;
"(iv) artificial intelligence-enabled operational concepts and their implications for force design and employment; and
"(v) artificial intelligence safety, alignment, and control challenges relevant to military applications.
"(8) Operational integration.--The CDAO shall, in coordination with the Joint Staff and the combatant commands, develop a plan to integrate artificial general intelligence preparedness findings into joint operational planning processes, including updates to contingency plans, campaign plans, and global force management allocation plans, not later than one year after the date of the enactment of this paragraph.
"(9) Interagency coordination on export controls and technology protection.--The CDAO shall coordinate with the Bureau of Industry and Security of the Department of Commerce, the Committee on Foreign Investment in the United States, the Department of Energy, and other relevant interagency bodies to--
"(A) assess the effectiveness of technology control measures in constraining adversary access to artificial intelligence capabilities;
"(B) recommend modifications to export control lists, end-use restrictions, and investment screening criteria as needed to address emerging artificial intelligence-related threats; and
"(C) ensure that classification guidance developed under subsection (d)(2)(G) is updated to address artificial general intelligence and advanced artificial intelligence systems.";
(3) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;
(4) by inserting after subsection (e) the following new subsection:
"(f) Reports, Briefings, and Accountability.--
"(1) Initial report and briefing.--Not later than 180 days after the date of the enactment of this subsection, the Secretary of Defense shall--
"(A) submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing--
"(i) the organizational structure, staffing requirements, and initial objectives of the AGI Preparedness Initiative described in subsection (a)(3);
"(ii) a comprehensive assessment of the performance of the CDAO in executing the duties established under this section since the date of the original enactment of this section, including an identification of specific deficiencies in organizational structure, personnel qualifications, interagency coordination, and operational impact; and
"(iii) the initial objectives and milestones for the duties added by the amendments to this section made by title II of the National Defense Authorization Act for Fiscal Year 2027; and
"(B) provide to such Committees a briefing on the matters set forth in the report.
"(2) Periodic reports and briefings.--Not later than 180 days after the submission of the initial report under paragraph (1), and annually thereafter, the Secretary of Defense shall--
"(A) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities carried out under this section since the date of the last report under this paragraph, including--
"(i) any findings, assessments, and recommendations with respect to the national security implications of artificial general intelligence and advanced artificial intelligence;
"(ii) the progress of the CDAO against each benchmark established under paragraph (3); and
"(iii) a classified annex containing specific assessments of People's Republic of China artificial intelligence military capabilities, the effectiveness of current export control measures with respect to adversary artificial intelligence development, and identified countermeasure priorities; and
"(B) provide to such Committees a briefing on the matters set forth in the report.
"(3) Performance metrics and accountability.--
"(A) In general.--Not later than 180 days after the date of the enactment of this paragraph, the CDAO shall submit to the congressional defense committees a set of measurable performance benchmarks and milestones for each duty described in subsection (d).
"(B) Elements.--Each report required under paragraph (2) shall include a detailed assessment of progress against each benchmark established under subparagraph (A), including specific explanations for any benchmarks not met and corrective actions planned.
"(4) Policy recommendations.--The CDAO shall provide policy recommendations to the Secretary of Defense, the President, and Congress relating to the national security implications of artificial general intelligence and advanced artificial intelligence, including recommendations for legislative action."; and
(5) by adding at the end the following new subsection:
"(i) Additional Definitions.--In this section:
"(1) The term `artificial general intelligence' means artificial intelligence systems that match or exceed human expert performance across a wide variety of domains, including chemical, biological, radiological, and nuclear applications, cyber offense, model autonomy, persuasion, research and development, and self-improvement.
"(2) The term `CDAO' means the Chief Digital and Artificial Intelligence Officer of the Department of Defense, or such successor official as the Secretary of Defense may designate.".
(b) Conforming Amendment.--The heading of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.) is amended by striking "joint artificial intelligence research, development, and transition activities" and inserting "department of defense artificial intelligence and artificial general intelligence activities".
(c) Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed to limit or otherwise affect any authority of the Secretary of Defense or the Chief Digital and Artificial Intelligence Officer under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec. 4061), as in effect on the day before the date of the enactment of this Act.
At the end of subtitle A of title VII, add the following new section:
SEC. 7__. TRICARE COVERAGE FOR ANESTHESIA FOR IN-OFFICE
DENTAL PROCEDURES FOR PEDIATRIC DENTISTRY FOR
CHILDREN AGE 5 AND UNDER.
Section 1079(a)(1)(B) of title 10, United States Code, is amended by striking "or for pediatric patients age 5 or under, only institutional and anesthesia services may be provided" and inserting "or for pediatric patients age 5 or under, only institutional services and anesthesia services (including at a dental clinic with respect to such pediatric patients) may be provided".
At the end of subtitle B of title X, add the following new section:
SEC. 10__. REPORT ON TRANSITION TO LIGHT-EMITTING DIODE
LIGHTING ON NAVAL VESSELS.
(a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the plans of the Department of the Navy to transition to light-emitting diode (LED) lighting onboard naval vessels.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) An assessment of the benefits LED light fixtures provide for the survivability of naval vessels relative to traditional incandescents.
(2) An evaluation of existing shipboard light fixtures for which qualified LED retrofit kits are available, and an identification of fixtures for which LED retrofit kits require development.
(3) A plan to transition the procurement of incandescent light bulbs by the Department to the procurement of LED retrofit kits.
(4) An analysis of the production capacity of the supplier base to provide LED retrofit kits at an increased rate of supply.
(5) A plan to discontinue the procurement of LED light fixtures that do not meet applicable military specifications.
In title XV, subtitle C, add at the end the following new section:
SEC. 15__.
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COMPTROLLER GENERAL ASSESSMENT ON SHARING OF CYBER
INTELLIGENCE WITH STATE, LOCAL, TRIBAL,
TERRITORIAL, AND PRIVATE SECTOR PARTNERS.
(a) Assessment.--The Comptroller General of the United States shall conduct an assessment of sharing of cyber-related intelligence by the Department of Defense with State, local, Tribal, territorial, and private sector partners.
(b) Report.--
(1) Submission.--Not later than 60 days after the date on which the Comptroller General completes the assessment under subsection (a), the Comptroller General shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on the results of the assessment.
(2) Elements.--The report under paragraph (1) shall include the following:
(A) With respect to each element of the Department of Defense, a summary of the capabilities and practices of the element for sharing cyber-related intelligence with State, local, Tribal, territorial, and private sector partners.
(B) An assessment of the effects of such sharing, including the timeliness, level of detail, and the degree to which intelligence is provided in a format that allows for technical correlation and network defense actions versus general situational awareness.
(C) An assessment of the deconfliction and coordination processes between elements regarding such sharing.
(D) A description of the role and effectiveness of the Department of Defense in such deconfliction and coordination process.
(E) An assessment of how the security clearances of such partners affect such sharing.
(F) An assessment of the legal, policy, and infrastructure barriers that prevent cleared private sector partners from operationalizing classified threat intelligence, including--
(i) the lack of accredited, state-run facilities where partners can securely correlate classified government-provided indicators against their own proprietary network data; and
(ii) the lack of statutory liability protections (such as State-level tort claims extensions) for private sector entities acting on classified intelligence provided by the government.
(G) Recommendations for improvements for such sharing.
In subtitle B of title XVII, add at the end the following:
SEC. 17__. EXTENSION OF THE DEFENSE PRODUCTION ACT OF 1950.
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking "2026" and inserting "2031".
Page 1281, beginning on line 3, strike "chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.)" and insert "and chapter 83 of title 41, United States Code".
Page 1375, beginning on line 9, strike "under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) and".
Page 1378, beginning on line 25, strike "under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) or".
At the end of subtitle D of title XXVIII, add the following new section:
SEC. 28__. LAND EXCHANGE, CAMP PIKE AND CAMP JOSEPH T.
ROBINSON, ARKANSAS.
(a) Exchange Authorized.--The Secretary of the Army (referred to in this section as the "Secretary") may convey to the State of Arkansas all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 16.02 acres at Camp Pike, North Little Rock, Arkansas, containing the facility commonly known as the 90th Readiness Division Headquarters and other real property north of Arkansas Avenue road as is determined by the survey under subsection (d)(1).
(b) Consideration.--
(1) As consideration for the conveyance under subsection (a), the State of Arkansas may convey to the United States all right, title, and interest of the State of Arkansas in and to a parcel of real property, including any improvements thereon, consisting all or
part of approximately 68.16 acres at Camp Joseph T. Robinson, North Little Rock, Arkansas, containing the facility commonly known as the Chappell Armory and such additional adjoining lands as is determined by the survey under subsection (d)(1).
(2) The exchange of real property under this section shall be for parcels of approximately equal value, as determined by the Secretary through an appraisal acceptable to the Secretary. Pursuant to section 18240 of title 10, United States Code, no monetary consideration may be provided or accepted by either party to equalize the value of the properties exchanged.
(c) Extinguishment of Reversionary Interest.--In connection with the exchange authorized by this section, the Secretary shall extinguish the reversionary interest of the United States, created by the Act of June 30, 1950 (64 Stat. 311, chapter 429), applicable to the property to be conveyed by the State of Arkansas under subsection (b)(1).
(d) Surveys and Property Descriptions.--
(1) Determination.--The exact acreage and legal descriptions of the real property to be exchanged under this section shall be determined by surveys satisfactory to the Secretary.
(2) Costs.--The State of Arkansas shall be responsible for all costs associated with the exchange authorized by this section, including the costs of surveys, appraisals, and any other administrative or environmental documentation required to complete the exchange.
(e) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.
(f) Rule of Construction.--Nothing in this section shall be construed to affect or limit the application of, or any requirement for, environmental remediation under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other law.
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Amendments En Bloc No. 3 Offered by Mr. Rogers of Alabama
The Acting CHAIR12:00 p.m.
The Clerk will designate the amendments en bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, and 212 printed in part A of House Report 119-755, offered by Mr. Rogers of Alabama:
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At the end of subtitle B of title II, add the following new section:
SEC. 2__. PILOT PROGRAM ON USE OF SUBSCRIPTION-BASED FUNDING
MODEL AT MAJOR RANGE AND TEST FACILITY BASE.
(a) In General.--Not later than 270 days after the date of the enactment of this Act and subject to the availability of appropriations for such purpose, the Under Secretary of Defense for Research and Engineering shall, acting through the Director of the Test Resource Management Center, commence carrying out a pilot program to determine the feasibility, effectiveness, and operational impacts of implementing a subscription-based funding model for test and evaluation facilities.
(b) Requirements.--The pilot program required by subsection (a) shall--
(1) be conducted during the two-year period beginning on the date of the commencement of the pilot program;
(2) include not fewer than two cyber-physical test and training ranges designated by the Director of the Test Resource Management Center;
(3) include at least one cyber-physical test and training range operated by, or under the authority of, the National Guard of a State;
(4) provide for participation by military departments, defense agencies, combat support agencies, federally funded research and development centers, and such other Department of Defense entities as the Director considers appropriate; and
(5) evaluate the applicability of subscription-based funding to cyber, cyber-physical, electronic warfare, modeling and simulation, and integrated test environments associated with the participating ranges.
(c) Subscription-based Funding Model.--For purposes of the pilot program required by subsection (a), the Under Secretary shall establish a funding structure under which participating organizations pay recurring subscription fees in exchange for access to specified range capabilities, infrastructure, services, test environments, cybersecurity resources, data management capabilities, and related support functions, in lieu of or in combination with traditional reimbursable or direct-user funding mechanisms. The Under Secretary shall ensure that any subscription fees are commensurate with the services provided.
(d) Elements.--In carrying out the pilot program required by subsection (a), the Under Secretary shall--
(1) establish subscription tiers or other recurring funding arrangements designed to support baseline operational, sustainment, modernization, and cybersecurity costs of participating ranges;
(2) assess the extent to which a subscription-based model improves funding predictability, resource utilization, infrastructure availability, and mission readiness;
(3) evaluate impacts on range scheduling, access, interoperability, and support for developmental testing, operational testing, training, experimentation, and rapid prototyping activities;
(4) identify authority constraints or other challenges associated with broader implementation of such a model;
(5) measure effects on cost recovery, user demand, and long-term sustainment of cyber-physical range capabilities; and
(6) develop recommendations regarding whether and how a subscription-based funding model could be expanded to additional test and evaluation facilities.
(e) Selection of Participating Ranges.--In selecting ranges for participation in the pilot program required by subsection (a), the Under Secretary shall prioritize cyber-physical ranges that--
(1) support joint testing, training, or experimentation activities;
(2) integrate operational technology, cyber, communications, electronic warfare, or weapon-system testing capabilities; and
(3) can provide representative data regarding the scalability of subscription-based funding approaches across test and evaluation facilities.
(f) Report.--Not later than 270 days after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report describing the following:
(1) The actions taken under subsection (a).
(2) The status of implementation of integration required by such subsection.
(3) Any exceptions to full integration under subsection (b)(2).
(4) The reasons for the exceptions described in paragraph (3).
(g) Briefing.--Not later than 30 days after the date on which the Under Secretary submits the report required by subsection (f), the Under Secretary shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the matters covered by the report.
Add at the end of subtitle D of title XXVIII the following new section:
SEC. 28__. REMOVAL OF CONDITIONS ON USE OF CERTAIN LAND
CONVEYED TO THE STATE OF INDIANA.
Section 2858 of the Military Construction Authorization Act for Fiscal Year 1996 (division B of Public Law 104-106; 110 Stat. 571), as amended by section 2838 of the Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105-85; 111 Stat. 2006) and section 2843(i) of the Military Construction Authorization Act for Fiscal Year 1999 (division B of Public Law 105-261; 112 Stat. 2217), is further amended--
(1) in subsection (b), by striking "The conveyances" and inserting "Except as provided in subsection (d), the conveyances"; and
(2) by striking subsection (d) and inserting the following:
"(d) Condition on Release of Covenants.--On the condition that the State convey approximately 80 acres of prior park property to the Indiana Army Ammunition Plan Reuse Authority, the Reuse Authority convey approximately 100 acres of prior industrial use property to the State, and the use of that 100 acres will be restricted by covenant to recreational purposes, the Secretary may release the covenant that requires the 80 acres of prior park property to be used for recreational purposes.".
At the end of subtitle B of title II, add the following:
SEC. 2___. SECURE ARTIFICIAL INTELLIGENCE DATA CENTER
DEMONSTRATION PROGRAM.
(a) Demonstration Program.--The Secretary of Defense shall, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Director of the National Security Agency and the head of the Center for Artificial Intelligence Standards and Innovation at the Department of Commerce, carry out a program to construct, prototype, and perform testing and evaluation on highly secure data centers, and to assess security requirements for such facilities, focused on--
(1) resisting attacks by nation-state adversaries;
(2) securing the confidentiality, integrity, and availability of artificial intelligence models and inference pipelines; and
(3) assessing whether existing security frameworks are sufficient to protect artificial intelligence capabilities supporting classified workloads.
(b) Focus.--The program required by subsection (a) shall be focused on--
(1) prototyping technologies and security controls needed to protect artificial intelligence data centers from attacks by nation-state adversaries;
(2) protecting model weights and other sensitive assets from theft, sabotage, or unauthorized access;
(3) assessing physical security, cybersecurity, supply chain, insider threat, and incident response requirements for such facilities;
(4) prototyping secure inference-only clusters or devices designed to prevent unauthorized model weight extraction or modification, including mechanisms to securely or cryptographically verify that only authorized workloads are executed; and
(5) developing plans, budgets, and cost estimates and recommended courses of action for constructing or retrofitting such facilities.
(c) Briefing and Report.--
(1) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on progress made under the program required by subsection (a), including key findings from prototype activities, threats, vulnerabilities, capability gaps, and resourcing requirements.
(2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the program required by subsection (a), including--
(A) prototype results, technologies, or operational measures needed to improve the security of artificial intelligence data centers; and
(B) recommendations for further investments to address threats from nation-state adversaries.
At the end of subtitle B of title III, add the following new section:
SEC. 3__. REPORT ON PFAS DESTRUCTION AND WATER RECLAMATION.
(a) Report.--Not later than June 1, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on available technology that leverages recent developments in single-pass high PFAS-destruction technology in water.
(b) Elements.--The report described in subsection (a) shall include the following:
(1) A list and a description of available technology that allows--
(A) an air-water interface to serve as the primary heat transfer surface; and
(B) for the core operating temperature to enable single-pass high PFAS-destruction technology to ensure rapid destruction of per- and polyfluoroalkyl substances in water.
(2) A proposal to establish a pilot program under which single-pass high PFAS destruction technology shall be tested for Department of Defense uses.
(3) A list of potential locations that could host such a pilot program.
(4) Any other matters the Secretary determines relevant.
(c) Single-pass High PFAS-destruction Technology Defined.--In this section, the term "single-pass high PFAS-destruction technology" means a technology that--
(1) destroys per- and polyfluoroalkyl substances;
(2) is portable and able to operate in remote areas; and
(3) can process up to 20,000 gallons of water per day.
Amendment No. 163 Offered by Mrs. Houlahan of Pennsylvania
At the end of subtitle B of title VII, add the following new section:
SEC. 7__. PILOT PROGRAM TO TEST STANDALONE TECHNOLOGY TO
IMPROVE EFFICIENCIES IN SUPPLY-CHAIN
MANAGEMENT, MEDICAL READINESS, AND MEDICAL
PROCESSES.
(a) Establishment.--Not later than 90 days after the date of the enactment of the Act, the Secretary of Defense, acting through the Director of the Defense Health Agency, shall carry out a pilot program to test and evaluate existing standalone technologies to assess whether such technologies accomplish the following:
(1) Improving efficiencies in medical supply-chain management and in military medical readiness.
(2) Streamlining medical processes.
(3) Improving recordation accuracy.
(4) Reducing rates of needlestick injury.
(5) Enhancing retention rates of military health care providers.
(b) Duration.--The Secretary shall carry out the pilot program for a five-year period.
At the end of subtitle I of title V, add the following new section:
SEC. 5__. STUDY ON TIMELY PROCESS OF AWARD AND DECORATION
RECOMMENDATIONS.
(a) Study Required.--The Secretary of Defense shall conduct a study on the process for reviewing recommendations for the award of medals, decorations, or other honors to members of the Armed Forces.
(b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the results of the study, including any recommendations of the Secretary to ensure the process for reviewing recommendations for the award of medals, decorations, or other honors to members of the Armed Forces is timely, consistent, and transparent.
Amendment No. 165 Offered by Mr. Hudson of North Carolina
At the end of subtitle E of title VIII, insert the following:
SEC. 8__.
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REPORT ON CONTRACTORS SEEKING COMPENSATORY RELIEF
FROM INFLATION.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress makes the following findings:
(A) During the COVID-19 pandemic, Department of Defense contractors faced historic inflation for goods and services they provided to the Department of Defense after signing initial firm-fixed price contracts.
(B) In the amendments made to Public Law 85-804 (50 U.S.C. 1431) by section 822 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law
117-263) and in section 826 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 10 U.S.C. note prec. 4601), Congress provided increased flexibility to the Department of Defense to modify contracts to provide extraordinary relief due to the effects of inflation.
(C) Despite such authority, numerous contractors still incurred increased costs for multi-year projects and seek economic price adjustments to stay solvent.
(2) Sense of congress.--It is the sense of Congress that the Department of Defense should reimburse low- to mid-tier suppliers for increased production costs caused from inflation to avoid disincentivizing their participation in Government contracting
(b) Report.--Not later than June 1, 2027, the Secretary of Defense shall submit to the congressional defense committees a report on the plan of the Department to rectify legal claims from contractors that seek compensatory relief from inflation.
At the end of subtitle B of title XVII, insert the following:
SEC. 17__. LIMITATION REGARDING CERTAIN EXPORT CONTROLS.
Section 38(l)(4)(B) of the Arms Export Control Act (22 U.S.C. 2778(l)(4)(B)) is amended by inserting before the semicolon ", excluding subclauses (I), (II), and (III)".".
Page 532, line 10, strike "An agreement entered into under this section" and insert "A fixed indemnity supplemental benefit plan provided under the pilot program".
In title VIII, subtitle A, add at the end the following new section:
SEC. 8__. INSIDER THREAT RISK ASSESSMENT AND VOLUNTARY
GUIDANCE FOR CERTAIN ARTIFICIAL INTELLIGENCE
CONTRACTORS.
(a) Assessment and Issuance of Voluntary Guidance on Insider Threat Risk Reduction.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue voluntary guidance for covered artificial intelligence contractors to reduce insider threat, espionage, and other personnel-related security risks to sensitive artificial intelligence systems and associated development infrastructure.
(2) Assessment and updated guidance.--Not later than one year after the date of the enactment of this Act, the Secretary shall--
(A) complete an assessment of the risks described in paragraph (1); and
(B) update the guidance issued under such paragraph based on the findings of that assessment.
(3) Contents.--The guidance required under paragraph (1), including any updated guidance issued under paragraph (2)(B), shall, at a minimum--
(A) identify categories of roles, functions, models, training infrastructure, and systems that warrant enhanced security measures;
(B) recommend a risk-based framework based on the sensitivity of access and associated national security risks; and
(C) address personnel vetting, access controls, auditing, monitoring, anomaly detection, and protection against insider threats and espionage.
(4) Rule of construction.--Nothing in this subsection shall be construed to require a covered artificial intelligence contractor to adopt any measure, practice, personnel policy, access restriction, or other safeguard described in the guidance issued under paragraph (1).
(5) Consultation.--In carrying out this subsection, the Secretary may consult with covered artificial intelligence contractors, appropriate intelligence and counterintelligence officials, appropriate elements of the Department of Defense, and other relevant experts.
(b) Report to Congress.--
(1) In general.--Not later than July 1, 2028, the Secretary of Defense shall submit to the congressional defense committees an unclassified report, which may include a classified annex, on the implementation of this section.
(2) Elements.--The report shall include--
(A) a summary of the findings of the assessment conducted under subsection (a)(2)(A);
(B) an assessment of gaps and challenges in mitigating the risks identified in such assessment;
(C) a summary of the voluntary guidance issued under subsection (a), including the initial guidance and any updated guidance issued under subsection (a)(2)(B); and
(D) any recommendation for additional authorities, resources, or policy the Secretary determines appropriate.
(c) Definition.--The term "covered artificial intelligence contractor" means a contractor that develops, maintains, or operates artificial intelligence systems for the Department of Defense and has access to artificial intelligence systems, models, development infrastructure, or related technical information.
At the end of subtitle E of title X, add the following new section:
SEC. 10__. QUARTERLY REPORTING REQUIREMENT FOR NATIONAL
SECURITY CAPITAL FORUM.
Section 1092 of the National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 10 U.S.C. 149 note) is amended by adding at the end the following new subsection:
"(f) Reports.--Not later than the end of each fiscal quarter, the Secretary of Defense shall submit to the congressional defense committees a report describing activities of the forum established under subsection (a) during such fiscal quarter and the goals of such forum in accordance with this section for the subsequent fiscal quarter.".
Amendment No. 170 Offered by Mr. Johnson of South Dakota
At the end of subtitle E of title I, add the following new section:
SEC. 1__. ASSESSMENT OF DEPARTMENT OF DEFENSE DISPLAY SUPPLY
CHAIN VULNERABILITIES.
(a) Assessment Required.--The Secretary of Defense, in coordination with the Secretary of Commerce, shall conduct an assessment of supply chain vulnerabilities related to displays used in Department of Defense weapon systems and platforms.
(b) Elements.--The assessment shall include--
(1) identification of defense systems dependent on displays sourced from the People's Republic of China or Taiwan;
(2) assessment of supply disruption risks and potential operational impacts;
(3) evaluation of domestic or allied manufacturing capabilities for advanced display technologies;
(4) analysis of emerging display technologies, including microLED displays; and
(5) recommendations for reducing foreign dependence in critical display applications.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment conducted under subsection (a).
(d) Form.--The report under subsection (c) shall be submitted in unclassified form, but may include a classified annex.
At the end of subtitle C of title VII, insert the following new section:
SEC. 7__. PILOT PROGRAM ON PRE-PROGRAMMING OF SUICIDE
PREVENTION RESOURCES INTO SMART DEVICES ISSUED
TO MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall commence the conduct of a pilot program under which the Secretary--
(1) pre-downloads the Virtual Hope Box application of the Defense Health Agency, or such successor application, on the covered devices of members of the Armed Forces;
(2) pre-programs the National Suicide Hotline number and Veterans Crisis Line number into the contacts for such covered devices; and
(3) provides training, as part of the training on suicide awareness and prevention conducted throughout the Department of Defense, on the preventative resources described in paragraphs (1) and (2).
(b) Duration.--The Secretary of Defense shall carry out the pilot program under this section for a two-year period.
(c) Scope.--The Secretary of Defense shall determine the appropriate scope of individuals participating in the pilot program under this section to best represent each Armed Force and to ensure a relevant sample size.
(d) Identification of Other Resources.--In carrying out the pilot program under this section, the Secretary of Defense shall coordinate with the Director of the Defense Health Agency and the Secretary of Veterans Affairs to identify other useful technology-related resources for use in the pilot program.
(e) Report.--Not later than 30 days after the date on which the pilot program under this section terminates, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the pilot program, including recommendations by the Secretary relating to expanding the scope of future pilot programs to include members of the Armed Forces who do not possess covered devices.
(f) Definitions.--In this section:
(1) The term "covered device" means a smart device (including a mobile phone) that is issued to an individual by the Secretary of Defense or the Secretary of an Armed Force.
(2) The term "Veterans Crisis Line" means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR SOFTWARE-DEFINED AND AI-POWERED COUNTER
UNMANNED AERIAL SYSTEMS.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Army, as specified in the corresponding funding table in section 4201, for Landmine Warfare/Barrier--Eng Dev (PE 0604808A), line 122, is hereby increased by $10,000,000 for software-defined
and AI-powered counter unmanned aerial systems.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense, line 480, is hereby reduced by $10,000,000.
Amendment No. 173 Offered by Ms. King-Hinds of Northern Mariana Islands
At the end of subtitle B of title III, insert the following:
SEC. 3__. GEOTHERMAL RESOURCE CONFIRMATION FOR SAIPAN UNDER
ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM.
(a) Assessment Required.--As part of the Energy Resilience and Conservation Investment Program, the Secretary of Defense shall conduct an assessment of the viability of geothermal resources through drilling and other means on the island of Saipan in the Commonwealth of the Northern Mariana Islands, for the purposes of improving the energy security of Department of Defense facilities and operations.
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Such assessment shall include each of the following:
(1) The collection and analysis of geophysical, geochemical, and subsurface data relevant to geothermal resource viability.
(2) Field investigations, including geophysical surveys and test well drilling, to confirm the capacity of geothermal resources.
(3) An evaluation of the potential of geothermal resources to support resilient power for Department of Defense activities on Saipan, as well on Tinian via undersea cable.
(b) Execution; Coordination.--In carrying out the assessment under subsection (a), the Secretary--
(1) may act through the Assistant Secretary of Defense for Energy, Installations and Environment, the United States Army Corps of Engineers, or such other component of the Department of Defense as the Secretary considers appropriate; and
(2) shall coordinate, as appropriate, with the Secretary of the Interior, the Secretary of Energy, the Commonwealth Utilities Corporation, and the Government of the Commonwealth of the Northern Mariana Islands.
(c) Report.--Upon the completion of the assessment required under subsection (a), the Secretary shall submit to the Committee as on Armed Services of the Senate and House of Representatives a report on the findings of the assessment, including a determination regarding the viability of geothermal resources and recommended next steps.
Amendment No. 174 Offered by Ms. King-Hinds of Northern Mariana Islands
Add at the end of subtitle A of title XVII the following;
SEC. 17__. INTERNAL BASE HARDENING ASSESSMENTS AND LOGISTICS-
NODE THREAT MITIGATION.
(a) Definitions.--In this section:
(1) Covered installation.--The term "covered installation" means a military installation, as defined in section 2801 of title 10, United States Code, that the Secretary of Defense designates as having significant logistics, port, intermodal, or contractor-operated interfaces with commercial transportation, warehousing, or supply chain infrastructure.
(2) Covered logistics node.--The term "covered logistics node" means any of the following that is located on, adjacent to, or used in support of operations at a covered installation:
(A) A strategic seaport, as defined in section 54301(a)(12)(E) of title 46, United States Code.
(B) A defense access road, as described in section 210 of title 23, United States Code.
(C) A node of the Defense Transportation System, as that term is defined in Department of Defense Directive 4500.09E and Joint Publication 4-01.
(D) Any other logistics facility that the Secretary of Defense designates as a covered logistics node for purposes of this section.
(b) Internal Base Hardening Assessments.--
(1) Assessment.--Not later than 180 days after the date of the enactment of this section, and annually thereafter for a period not to exceed three years, the Secretary of Defense shall conduct a comprehensive internal base hardening assessment of each covered installation.
(2) Scope.--Each assessment under paragraph (1) shall examine vulnerabilities arising from--
(A) commercial shipping, drayage, and trucking activity on, adjacent to, or in support of the covered installation;
(B) covered logistics nodes;
(C) contractor and vendor access to the covered installation, including subcontractor and vendor supply chains;
(D) the pre-positioning of materiel by foreign adversaries of the United States, hostile state services, transnational organized crime groups, or terrorist organizations on or adjacent to the covered installation; and
(E) opportunities for reconnaissance, sabotage, or rapid attack from within or adjacent to the perimeter of the covered installation.
(3) Mitigation plans.--For each vulnerability identified in an assessment under paragraph (1), the Secretary of Defense shall develop and implement a risk-based mitigation plan that includes defined milestones, timelines, and performance measures.
(4) Report.--
(A) In General--Not later than 18 months after the date of the enactment of this Act, and annually thereafter for four years, the Secretary of Defense shall submit to the congressional defense committees a report describing--
(i) the assessments completed under paragraph (2);
(ii) the mitigation plans developed, including timelines, milestones, and performance measures, and the status of implementation of each plan; and
(iii) any additional authorities or resources required.
(B) Form.--Each report required under this section shall be submitted in unclassified form and may contain a classified annex.
(5) Government accountability office review.--
(A) In general.--Not later than 180 days after the date of submission of the first report described in paragraph (4), the Comptroller General of the United States shall submit a report to the congressional defense committees reviewing the assessments and mitigation plans required in paragraphs (1) and (3) of this subsection.
(B) Form.--This report may be submitted in classified form.
Add at the end of subtitle B of title XVIII, the following new section:
SEC. 18__. PROHIBITION ON ACQUISITION OF CERTAIN SILICON
CARBIDE-BASED SEMICONDUCTORS MANUFACTURED IN
CHINA.
(a) Restrictions on Silicon Carbide Wafer Sourcing.--The Secretary of Defense shall revise section 252.225 of the Department of Defense Supplement to the Federal Acquisition Regulation to prohibit the procurement of semiconductors, other than commercially available off-the-shelf items (as defined in section 104 of title 41, United States Code), that are manufactured on silicon carbide wafers that are manufactured in the Peoples Republic of China. Such revision may provide the authority for the Secretary to issue a waiver on a case-by-case basis.
(b) Briefing on Financial Instruments.--Not later than 180 days after the date of the enactment of this section, the Secretary of Defense and the Deputy Secretary of Defense shall conduct a review, and provide to the congressional defense committees a briefing on the results of such a review, of domestic manufacturers of silicon carbide wafers that are critical to the Department of Defense and that are facing challenges due to Chinese exports of such wafers.
(c) Briefing on Establishment of Common Foundries.--Not later than 180 days after the date of the enactment of this section, the Secretary of Defense provide to the congressional defense committees a briefing that evaluates the merits of encouraging major prime contractors in the defense industrial base to consolidate silicon carbide semiconductor design and fabrication operations in common commercial foundries to encourage economies of scale and quality improvements.
(d) Consultation With the Chips Program Office.--The Secretary shall provide information to the Secretary of Commerce and other appropriate Federal agency heads on the use of Research and Development amounts to develop silicon carbide-related manufacturing technology for manufacturing high-purity single crystal silicon carbide boules, ingots, and wafers at 300mm scale for purposes of--
(1) developing next-generation high-voltage technology; and
(2) advancing state-of-the-art packaging power modules.
(e) Policy on Interagency Deliberations.--Not later than 90 days after the date of the enactment of this section, the Secretary of Defense shall issue a policy for recommendations for interagency consideration in deliberations on--
(1) encouraging allied and partner countries to ensure the silicon carbide substrate supply chains of such countries for national security systems and critical infrastructure do not include Chinese-manufactured silicon carbide wafers; and
(2) developing an integrated strategic plan to apply trade enforcement actions to prevent China from dominating the silicon carbide semiconductor manufacturing industry, resulting in the dependency of the United States on Chinese sources for silicon carbide substrates, chips, and power modules.
Amendment No. 176 Offered by Mr. Langworthy of New York
At the end of subtitle A of title VII, insert the following new section:
SEC. 7__. EDUCATION ON NEWBORN SCREENING OPTIONS FOR TRICARE
BENEFICIARIES.
(a) Education Requirement.--The Secretary of Defense shall ensure that covered beneficiaries receiving prenatal care through the military health system are provided educational information regarding newborn screening.
(b) Contents.--The educational information provided under subsection (a) shall include--
(1) a description of newborn screening and the purpose of such screening in identifying certain congenital and genetic conditions in infants;
(2) information regarding conditions recommended by the Secretary of Health and Human Services for newborn screening in infants;
(3) notice that newborn screening panels may vary depending on the State or location in which an infant is born; and
(4) information describing options for discussing and obtaining supplemental newborn screening for conditions recommended by the Secretary of Health and Human Services for newborn screening in infants that may not be included in the applicable State newborn screening panel.
(c) Provision of Information.--The Secretary shall ensure that the educational information described in subsection (a) is made available to covered beneficiaries receiving prenatal care through--
(1) military medical treatment facilities; and
(2) TRICARE network providers furnishing prenatal care.
(d) Report.--Not later than one year after the date of the enactment of this section, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the feasibility of ensuring that newborns of covered beneficiaries receive screening for all conditions recommended by the Secretary of Health and Human Services for newborn screening in infants, including conditions not included in the applicable State newborn screening panel. Such report shall include--
(1) an assessment of the feasibility of providing such screening through military medical treatment facilities and private sector care under TRICARE;
(2) an estimate of the costs associated with providing such screening;
(3) an assessment of the administrative and logistical requirements associated with identifying gaps in State newborn screening panels and providing supplemental screening; and
(4) options for implementing such screening, including through reimbursement, contracting, or other mechanisms.
(e) Covered Beneficiary Defined.--In this section, the term "covered beneficiary" has the meaning given the term in section 1072 of title 10, United States Code.
At the end of subtitle H of title V, add the following new section:
SEC. 5__. SUPPORT FOR EXPANDING EARLY CHILD CARE OPTIONS FOR
MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.
(a) In General.--The Secretary of Defense may--
(1) direct the Secretaries of the military departments--
(A) to identify gaps between existing early child care needs and available eligible child care providers;
(B) to use resources of the Department of Defense to support eligible child care providers in recruitment and retention of employees, including through professional development and financial incentives for such employees; and
(C) to seek to enter into an interagency partnership with a Federal agency with the ability to place national service participants and volunteers trained in education services, including senior volunteer programs, at military child development centers in accordance with applicable national service laws and with all the benefits accorded to such participants and volunteers; and
(2) provide training and resource subsidies to eligible child care providers and networks of such providers.
(b) Definitions.--In this section:
(1) Eligible child care provider.--The term "eligible child care provider" has the meaning given that term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C.
Text printed in the Record (9,449 characters)
9858n).
(2) Military child development center.--The term "military child development center" has the meaning given that term in section 1800 of title 10, United States Code.
At the end of subtitle B of title XXVIII, add the following:
SEC. 28__. NOTIFICATION TO TENANTS OF COMPLAINT DATABASE.
Section 2894a(a) of title 10, United States Code, is amended by adding at the end the following new sentence: "Upon entering into or renewing a lease for a housing unit, the landlord responsible for such unit shall provide a notice to the tenant of such unit of the database established by this section."
Page 1449, line 8, insert "The first such report shall include data on the extent to which each Secretary of a military department has met such minimum requirements for each of fiscal years 2022 through 2026".
Amendment No. 180 Offered by Mr. Liccardo of California
Add at the end of subtitle A of title XVI the following new section:
SEC. 16__. SENSE OF CONGRESS ON DISTRIBUTED COMMERCIAL RADAR
SATELLITE CONSTELLATIONS.
It is the sense of Congress that the Secretary of Defense should continue to support the development, integration, and operational use of distributed commercial radar satellite constellations, including Maritime Moving Target Indicator and Airborne Moving Target Indicator capabilities, while fostering robust competition among small business commercial providers to ensure innovation, cost-effective capability delivery, industrial base diversity, and resilient support to national security space systems and the intelligence, surveillance, and reconnaissance requirements of the combatant commands.
At the end of subtitle E of title I, add the following new section:
SEC. 1__. SENSE OF CONGRESS ON FIELDING OF COMBAT
COLLABORATIVE AIRCRAFT CAPABILITIES TO SUPPORT
WARFIGHTERS.
It is the sense of Congress that the Secretary of Defense should take such steps as may be necessary to prioritize funding for the procurement of combat collaborative aircraft to ensure there is a minimal viable fielded and operational combat collaborative aircraft capability by the end of fiscal year 2028 to meet operational requirements of combatant commanders.
At the end of subtitle E of title X, add the following new section:
SEC. 10__. PLAN FOR DOMAIN AWARENESS AT THE SOUTHERN LAND
BORDER.
(a) Definitions.--In this section:
(1) Common operating picture.--The term "common operating picture" means an integrated, interoperable, near-real-time geospatial and temporal display and repository of multi-source sensor, analytic, and operational data and intelligence designed to improve situational awareness, deconfliction, and coordinated response among participating agencies.
(2) Domain awareness.--The term "domain awareness" means the aggregate understanding of activities, actors, and conditions across the air, land, maritime, cyber, and space domains relevant to border security.
(3) Southern land border.--The term "southern land border" means the land border of the United States adjacent to Mexico.
(b) Plan Required.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and submit to the congressional defense committees a plan for the Department of Defense to contribute to a common operating picture to improve domain awareness at the southern land border.
(2) Communication.--Not later than 60 days after developing the plan required by paragraph (1), the Secretary of Defense shall transmit the plan to such interagency partners as the Secretary considers appropriate.
(3) Elements.--The plan required by paragraph (1) shall include the following:
(A) A description of the proposed architecture, data sources (including Department of Defense and non-Department of Defense sensors), technical standards for interoperability, and cybersecurity and data protection measures for the common operating picture described in such paragraph.
(B) A description of the procedures and authorities for data sharing.
(C) A concept of operations describing how a common operating picture would support operational coordination, deconfliction, and information sharing among Federal, State, Tribal, local, and authorized international partners.
(D) A phased implementation schedule with milestones and timelines for operationalizing the common operating picture at the southern land border, including benchmarks for capability deployment and full operational capability.
(E) An identification of resource requirements, estimated costs, and funding sources, and a plan for inclusion of requirements for the common operating picture in the annual budget justification materials of the Department of Defense.
(F) Plans for training, sustainment, and technical support for users across participating agencies.
(G) Metrics and procedures for--
(i) assessing effectiveness; and
(ii) periodic review and continuous improvement.
(4) Form.--The plan required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex as necessary.
Page 1185, strike line 8 through line 5 on page 1187, and insert the following:
(C) in subsection (c)(1)(D), by inserting ", including if such capability and process employs artificial intelligence" before the semicolon; and
Add at the end of subtitle C of title VII the following new section:
SEC. 7__. EXTENSION OF STUDY ON TREATMENT OF CERTAIN
CONDITIONS USING CERTAIN PSYCHEDELIC
SUBSTANCES.
Section 723 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 10 U.S.C. 1074 note) is amended--
(1) in subsection (d), by striking "three years" and inserting "nine years";
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new subsection:
"(e) Period of Performance.--The Secretary shall seek to extend the performance
of research conducted using funding awarded under this section to September 30, 2033.".
Amendment No. 185 Offered by Mr. Lynch of Massachusetts
At the end of subtitle D of title XVIII, add the following:
SEC. 18__. REPORT ON BARRIERS FOR SMALL AND MEDIUM-SIZED
BUSINESSES COMPETING FOR CLASSIFIED CONTRACTS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on barriers to entry for small and medium-sized businesses seeking to compete for classified contracts with the Department of Defense.
(b) Matters to Be Included.--Such report shall include the following:
(1) An examination of any barriers that impede the ability of such businesses to obtain and maintain the security clearances and access to networks necessary to compete for classified contracts that require such clearances.
(2) An examination of any other barriers that impede the ability of such businesses that are qualified and have subject-matter expertise to compete for classified contracts with the Department of Defense.
(3) Recommendations for how to lower such barriers to entry and better allow such businesses to compete for such contracts.
Amendment No. 186 Offered by Mr. Magaziner of Rhode Island
At the end of subtitle B of title XVII, insert the following:
SEC. 17__. SENSE OF CONGRESS.
It is the sense of Congress that the United States reaffirms its unwavering commitment to the AUKUS partnership with Australia and the United Kingdom as vital to maintaining a safe and secure world. Congress supports robust investment in the United States submarine industrial base to promote the AUKUS partnership, including through expanded workforce training, shipyard modernization, and supply chain development.
At the end of subtitle E of title X, insert the following:
SEC. 10__. REPORT ON PLANNED INVESTMENT IN ADVANCED SENSOR
AND ELECTRONIC WARFARE SYSTEMS SPECIFIC TO
COLLABORATIVE COMBAT AIRCRAFT.
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the planned investment in advanced sensor and electronic warfare systems specific to collaborative combat aircraft. Such shall include Air Force Plans for development and integration of foundational sensing, electronic warfare, and autonomy-enabling payloads for the collaborative combat aircraft with an emphasis on the following:
(1) Cost-Effective Scalability, with a focus on commercial off-the-shelf, multi-function technologies.
(2) Operational readiness and survivability.
(3) Strategic advantage and supply chain security, specifically regarding domestic engineering and production capabilities.
Page 430, strikes lines 12 through 15 and insert the following:
(A) in subsection (b)--
(i) in paragraph (5), by striking "and in subsection (f)"; and
(ii) by striking paragraph (6);
(B) in subsection (d)--
(i) in paragraph (1), by striking "subsections (b) and (g)" each place it appears and inserting "subsections (b) and (f)";
(ii) in paragraph(2), by striking "subsection (b)(3), subsection (f), and the second sentence of subsection (g)" and inserting "subsection (b)(3)";
(C) by striking subsection (f);
(D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and
(E) in subsection (f) (as so redesignated), by striking the second sentence.
At the end of subtitle F of title VI, add the following new section:
SEC. 6__.
Text printed in the Record (11,960 characters)
INDEPENDENT STUDY ON MILITARY PERSONNEL TEMPO,
WORKLOAD, AND COMPENSATION IN COMPARISON TO
CIVILIANS WITH SIMILAR DUTIES.
(a) Independent Study.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a federally funded research and development center with expertise in matters relating to military and civilian personnel responsibilities and compensation to conduct a study on military personnel tempo, workload demands, and compensation in comparison to civilian counterparts in comparable professions.
(b) Elements.--The study required under subsection (a) shall include the following:
(1) An assessment of average weekly and annual work hours performed by members of the Armed Forces, and civilians if available, in all military career fields, including those with operational, administrative, training, and deployment-related duties.
(2) A comparative analysis of work hours, personnel tempo, and workload demands, if available, between military personnel and civilians in comparable professions, including professions relating to aviation, explosive ordnance disposal, medical, diving, cyber, nuclear, law enforcement, special operations forces communities, and technical specialties.
(3) An assessment of the effects of deployment cycles, training rotations, field exercises, shipboard operations, alert requirements, shift work, and other operational demands on total military workload.
(4) An assessment of the cumulative time burden associated with military accession training, professional military education, qualification requirements, readiness training, and advanced specialty training pipelines.
(5) An assessment of workload and personnel tempo within specialized military communities, including aviation, explosive ordnance disposal, medical, diving, cyber, nuclear, law enforcement, special operations forces communities, and technical specialties.
(6) An assessment of the impact of military-specific obligations on members of the Armed Forces and military families, including permanent change of station requirements, family separation, deployment frequency, irregular work schedules, and fitness and training requirements.
(7) A comparative analysis of military compensation relative to civilian compensation when accounting for cumulative workload demands and military-specific service obligations.
(8) Identification of any limitations associated with direct comparisons between military and civilian professions, including recommendations for appropriate methodologies, assumptions, and future data collection efforts.
(9) Recommendations, if any, for improving the measurement and tracking of personnel tempo, workload, and workforce use by the Department of Defense.
(c) Reports.--
(1) Submission to secretary of defense.--The agreement entered into in accordance with subsection (a) shall include a requirement that--
(A) not later than 2 years after the date of the enactment of this Act, the federally funded research and development center that is party to the agreement shall submit to the Secretary of Defense a report containing the results study conducted under subsection (a); and
(B) not less than every 180 days until the final report required by subparagraph (A) is submitted, such federally funded research and development center shall provide to the Secretary of Defense and the congressional defense committees an interim report on the progress and results of such study.
(2) Submission of final report to congress.--Not later than 30 days after the date on which the Secretary of Defense receives the report required under paragraph (1)(A), the Secretary shall submit to the congressional defense committees a copy of the report and any comments of the Secretary with respect to the report.
(d) Form.--The reports required under subsection (c) shall be submitted in unclassified form.
(e) Personnel Tempo Defined.--In this Act, the term "personnel tempo" means the amount of time a member of the Armed Forces is engaged in official duties at a location or under circumstances that make it infeasible for such member to spend off-duty time in the housing in which the member resides.
In section 221(e)--
(1) in paragraph (2), strike "and" at the end;
(2) in paragraph (3), strike the period at the end and insert "; and"; and
(3) add at the end the following:
(4) specific statutory changes necessary to allow for rapid development, testing, and operational evaluation of unmanned systems and counter-unmanned system platforms within the designated corridors, including draft legislative text necessary to expedite development for such systems.
Amendment No. 191 Offered by Ms. McDonald Rivet of Michigan
At the end of subtitle C of title V, add the following new section:
SEC. 5__. EXPANSION OF PERSONALIZED FINANCIAL AND HOUSING
COUNSELING FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Section 992 of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the following new subparagraph:
"(D) practices relating to financial management, home buying and selling, renting during changing permanent station, rental planning, home loans available through the programs of the Department of Veterans Affairs, and other financial services that are routinely offered to private sector home loans;";
(2) by redesignating subsection (d) through (f) as subsections (e) through (g), respectively; and
(3) by inserting after subsection (c) the following new subsection:
"(d) Individualized Financial and Housing Counseling.--(1) Not later than one year
after the date of the enactment of this subsection, the Secretary of Defense shall establish a program in accordance with this section and Department of Defense Instruction 1322.34, or any successor guidance, to provide one-on-one counseling tailored to the needs of each member of the armed forces on the following topics:
"(A) Credit management.
"(B) Budgeting.
"(C) Anti-predatory lending practices.
"(D) Changes of permanent station and rental planning.
"(E) Home loans available through the programs of the Department of Veterans Affairs.
"(F) Protections under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) and section 987 of this title.
"(2) For the purposes of carrying out paragraph (1), the Secretary shall seek to enter an agreement with a counseling service organization that--
"(A) is a HUD-approved counseling agency (as defined in section 106(h) of the House and Urban Development Act of 1968 (12 U.S.C. 1701x(h)));
"(B) is organized as a tax-exempt entity under section 501(c)(19) of the Internal Revenue Code of 1986, defined by the Internal Revenue Service as a Veteran Service Organization serving the military-connected community;
"(C) has expertise in financial literacy, housing stability, and home loan benefits for veterans; and
"(D) is capable of developing, administering, maintaining, and providing specialized training and certification for HUD-Certified Housing Counselors serving members of the armed forces, veterans, and their families.".
(b) Regulations.--The Secretary of Defense may prescribe such regulations as are necessary to carry out the amendments made by subsection (a).
(c) Report.--Not later than 2 years after the date on which the services required under subsection (d) of section section 992 of title 10, United States Code, as added by subsection (a), are established, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the implementation of such services, including--
(1) the number of members of the Armed Forces who received counseling for housing stability, home loan benefits for veterans, or rental planning;
(2) the rate of completion of the counseling services offered under the pilot program; and
(3) indicators of financial stress and housing instability for members of the Armed Forces participating in the pilot program and any metrics for mitigating risks to the members participating.
Amendment No. 192 Offered by Mr. McDowell of North Carolina
At the end of subtitle A of title XVII, insert the following:
SEC. 17__. TAIWAN-FIVE EYES CYBER DEFENSE COOPERATION
INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense, in coordination with the Secretary of State and the Director of National Intelligence, should pursue expanded cooperation between Taiwan and the Five Eyes partners on cyber defense; and
(2) such cooperation should include bilateral and multilateral training exercises, law enforcement training, and the negotiation of memoranda of understanding to expand joint cyber-defense exercises.
(b) Strategy Required.--
(1) In general.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a strategy to support the cyber defense of Taiwan through coordination with the Five Eyes partners. The strategy shall include the following:
(A) A framework for facilitating, where appropriate and to the extent consistent with United States law and policy, bilateral and multilateral cyber-defense training exercises involving Taiwan and one or more Five Eyes partners, including through the use of the authority provided in section 5503(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (22 U.S,C, 3353(b)).
(B) A plan to support law enforcement training programs for Taiwan focused on cyber-enabled threats, including those targeting critical infrastructure, financial systems, and electoral processes.
(C) Identification of opportunities to encourage the negotiation of memoranda of understanding among Taiwan and Five Eyes partners to expand joint cyber-defense exercises, threat-information sharing, and personnel exchanges.
(D) An assessment of lessons learned from Indo-Pacific partners, and recommendations on how applicable practices could be adapted to support Taiwan.
(E) A description of resources, authorities, and personnel required to implement the strategy, including any additional authorities the Secretary of Defense determines necessary.
(2) Form.--The strategy described in paragraph (1) shall be transmitted in an unclassified form and may contain a classified annex.
(c) Pilot Exercise Program.--Pursuant to section 5503(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (22 U.S.C. 3353(b)), the Secretary of State and the Secretary of Defense may carry out a pilot program to conduct multilateral cyber-defense exercises that include the participation of Taiwan and one or more Five Eyes partners.
(d) Briefing.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for a period not to exceed 5 years, the Secretary of Defense shall provide to the appropriate congressional committees a briefing on--
(1) the implementation of the strategy required under subsection (b);
(2) the exercises carried out under the pilot program under subsection (c); and
(3) any impediments to expanded cyber-defense cooperation among Taiwan and the Five Eyes partners.
(e) Appropriate Congressional Committees Defined.--In this section, the term "appropriate congressional committees" means--
(1) the Committees on Armed Services, Foreign Relations, and Intelligence of the Senate; and
(2) the Committees on Armed Services, Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
Amendment No. 193 Offered by Mr. McDowell of North Carolina
At the end of subtitle B of title XVII, add the following new section:
SEC. 17__.
Text printed in the Record (10,103 characters)
ANNUAL REPORT ON MILITARY POWER AND ILLICIT
ACTIVITIES OF CERTAIN DRUG CARTELS.
(a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter until the date specified in subsection (f), the Secretary of Defense, in coordination with the Secretary of State, the Director of National Intelligence, and the Attorney General, shall submit to the appropriate congressional committees a report on the military power and illicit activities of the cartels specified in subsection (b). Each such report shall include each of the following:
(1) A detailed assessment of the organizational structure, leadership hierarchy, and key operational figures of each cartel, including, with respect to any individuals affiliated with the cartel, the roles of such individuals in conducting military and paramilitary activities.
(2) An evaluation of the military and paramilitary capabilities of each cartel, including the size, structure, and sophistication of the armed forces or militias of the cartel, including--
(A) a description of the types and quantities of weapons, equipment, and technology (including drones, encrypted communications, and advanced surveillance systems) used by the cartel; and
(B) an assessment of the recruitment, training, and operational tactics of the cartel, including an identification of any cross-border operations and coordination with other criminal or terrorist organizations.
(3) A description of the geographic areas, both within the United States and internationally, where the cartels operate or exert control of territory or influence, including the control of such cartels over border regions and smuggling routes.
(4) An assessment of the direct and indirect threats posed by the cartels to the national security of the United States and its allies.
(5) An assessment of efforts to address the threats posed by the military power of cartels by the governments of countries identified as major drug transit or major illicit drug producing countries pursuant to section 706(1) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228).
(6) A summary of current efforts by the Armed Forces, law enforcement, and intelligence community of the United States to counter the activities of the cartels, including interagency coordination and cooperation with foreign governments.
(7) Recommendations for additional authorities, resources, or strategies to enhance the efforts of the United States to disrupt and dismantle the military capabilities of the cartels.
(b) Specified Cartels.--A cartel specified in this subsection is any organization or entity that is engaged in the production or trafficking of narcotics and that--
(1) the Secretary of State has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(2) is subject to sanctions under Executive Order 13224 (50 U.S.C. 1701 note, relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);
(3) is subject to sanctions under Executive Order 14059 (relating to imposing sanctions on foreign persons involved in the global illicit drug trade); or
(4) is determined to be a transnational criminal organization pursuant to the Fentanyl Eradication and Narcotics Deterrence Act (division E of Public Law 118-50; 21 U.S.C. 2341 note).
(c) Form of Report.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Public Availability.--The unclassified portion of the report required under subsection (a) shall be made publicly available on a website of the Department of Defense.
(e) Appropriate Congressional Committees Defined.--In this section, the term
"appropriate congressional committees" means--
(1) the congressional defense committees;
(2) the congressional intelligence committees;
(3) the Committee on Transportation and Infrastructure, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and
(4) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.
(f) Date Specified.--The date specified in this subsection is December 31, 2030.
At the end of subtitle C of title II, add the following new section:
SEC. 2__. REPORT ON GUN-LAUNCHED ELECTROMAGNETIC OBSCURATION
CAPABILITIES FOR NAVAL SYSTEMS.
(a) In General.--Not later than March 1, 2027, the Secretary of the Navy, in coordination with the Chief of Naval Research and the Commander of the Naval Surface and Undersea Warfare Centers, shall submit to the Committee on Armed Services of the House of Representatives a report on the feasibility and operational utility of integrating electromagnetic obscurant payloads into existing 5-inch naval cargo rounds.
(b) Contents.--The report under subsection (a) shall include the following:
(1) An assessment of the feasibility of integrating radiofrequency chaff or other electromagnetic obscurant payloads into existing 5-inch naval cargo rounds and Mk 45 naval gun systems.
(2) An assessment of the operational utility of gun-launched electromagnetic obscuration capabilities for degrading adversary radar tracking, targeting, and sensor fusion in contested maritime environments.
(3) A description of ongoing or planned prototyping, testing, or live-fire demonstration activities related to ship-launched electromagnetic countermeasure payload delivery.
(4) An assessment of integration considerations, including shipboard storage, handling, payload dispersion, range, and compatibility with existing naval gun systems.
(5) An assessment of opportunities to leverage existing cargo munition technologies, infrastructure, or cross-service technical expertise relevant to electromagnetic payload delivery.
(c) Form.--The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Amendment No. 195 Offered by Mr. Meuser of Pennsylvania
At the end of subtitle I of title V, add the following new section:
SEC. 5__. SENSE OF CONGRESS REGARDING AWARD OF MEDAL OF HONOR
TO ROBERT J. GRAHAM FOR ACTS OF VALOR.
It is the sense of Congress that--
(1) the Secretary of Defense should review the acts of valor of Robert J. Graham as a Captain in the Air Force on May 1, 1966, to determine whether to recommend to the President to award Robert J. Graham the Medal of Honor for such acts of valor; and
(2) subject to the enactment of legislation to waive the time limitations in section 9274 of title 10, United States Code, the President should award the Medal of Honor to Robert J. Graham for such acts of valor if the Secretary so recommends.
At the end of subtitle B of title I, add the following new section:
SEC. 1__. REPORT ON PRODUCTION OF 155MM ARTILLERY AMMUNITION.
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes--
(1) an explanation of the status of efforts to produce 155mm artillery ammunition for the Department of Defense; and
(2) recommendations, if any, for accelerating the production of such ammunition to support the Army's minimum production goal of 100,000 rounds per month for each type of 155mm artillery round.
At the end of subtitle B of title I, add the following new section:
SEC. 1__. SENSE OF CONGRESS ON DOMESTIC PRODUCTION OF
ARTILLERY PROJECTILES.
It is the sense of Congress that--
(1) maintaining robust domestic production of M795 155mm artillery projectiles is critical to ensuring the operational effectiveness of the Army; and
(2) the Secretary of Defense should take such steps as may be necessary to ensure that the United States has sufficient stockpiles of such projectiles to protect the interests of the United States and its allies and partners throughout the world.
At the end of subtitle F of title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING ROCK ISLAND ARSENAL
CHILD CARE DEVELOPMENT CENTER.
It is the sense of Congress that the Department of Army should prioritize the Rock Island Arsenal Defense Alliance request for the Rock Island Arsenal Child Care Development Center to support the readiness of the workforce.
At the end of subtitle B of title III, add the following new section:
SEC. 3__. STUDY ON ENERGY FUEL SOURCE CONVERSION AT THE IOWA
ARMY AMMUNITION PLANT.
(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Army shall, using funds otherwise made available to the Army, conduct a study to assess the feasibility and cost-effectiveness of converting the energy fuel source at the Iowa Army Ammunition Plant from propane to natural gas.
(b) Elements.--The study under subsection (a) shall include the following:
(1) A determination of the current annual propane consumption at the Iowa Army Ammunition Plant, including consumption by use category and seasonal variation.
(2) An estimate of the equivalent annual natural gas demand required to meet the energy needs of the plant.
(3) An analysis of the projected costs and savings associated with converting from propane to natural gas, including any capital costs for the conversion of plant infrastructure.
(4) An assessment of the energy reliability and resilience implications of such a conversion.
(5) An evaluation of the availability of natural gas supply to the plant, including any infrastructure, such as pipeline access, that would be required to deliver natural gas to the facility.
(c) Submission.--Not later than 30 days after the completion of the study under subsection (a), the Secretary of the Army shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the findings of such study.
At the end of subtitle E of title X, add the following new section:
SEC. 10__.
Text printed in the Record (11,581 characters)
STRATEGY AND REPORT ON STORAGE, SUSTAINMENT, AND
DEPLOYMENT OF COLLABORATIVE COMBAT AIRCRAFT.
(a) Strategy and Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Commander of United States Transportation Command, shall--
(1) develop a comprehensive strategy for the storage, sustainment, deployment, and operational support of CCA; and
(2) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the strategy developed under paragraph (1).
(b) Contents.--The report required under subsection (a)(2) shall include the following:
(1) A plan for the storage and sustainment of CCA that addresses requirements associated with Agile Combat Employment and Agile Combat Deployment operational concepts of the Department of the Air Force.
(2) An assessment of--
(A) the extent to which CCA are capable of deployment alongside crewed fighter aircraft traveling from within the continental United States to forward theaters of operation under contested logistics conditions; and
(B) the mobility feasibility of deploying CCA in the manner described in subparagraph (A).
(3) A description of methods used to store CCA as of the date of the submission of the report, disaggregated by location type, including--
(A) depots located within the continental United States;
(B) forward operating hubs; and
(C) dispersed austere sites.
(4) For each location specified in paragraph (3), a summary of--
(A) environmental requirements;
(B) security requirements; and
(C) shelf-life considerations associated with storing CCA at such location.
(5) A description of the forward support footprint required for each CCA detachment, including--
(A) personnel;
(B) tools;
(C) test equipment; and
(D) communications support requirements.
(6) A model addressing expected--
(A) attrition of CCA; and
(B) repair requirements for CCA.
(7) A summary of plans of the Department of the Air Force for lifecycle sustainment of CCA, including--
(A) locations at which major maintenance, overhaul, and repair operations will be conducted;
(B) plans for spare component pools; and
(C) expected turnaround times required to prepare CCA for redeployment.
(8) A summary identifying which components of CCA--
(A) may be repaired in the event such component becomes inoperable; and
(B) must be replaced.
(9) For each component identified under paragraph (8)(B), an estimated timeline for replacement.
(10) A cost estimate for the sustainment of CCA, including identification of--
(A) the average cost-per-flight-hour for CCA operations;
(B) the average cost-per-mission involving CCA; and
(C) the primary drivers of sustainment costs.
(11) A summary of operational assumptions derived from relevant war games involving CCA, including identified operational gaps, sustainment shortfalls, or risks.
(12) An assessment of requirements associated with deploying CCA at scale in operational theaters, including requirements relating to--
(A) sealift;
(B) airlift;
(C) prepositioning;
(D) fuel;
(E) spare components; and
(F) maintenance manpower.
(13) An assessment of whether deployment of CCA--
(A) improves overall utilization or capacity of applicable ships, containers, or transportation platforms;
(B) decreases demand for space on such ships, containers, or transportation platforms; and
(C) creates new logistical or sustainment burdens within operational theaters.
(14) An assessment of--
(A) the marginal costs associated with moving, storing, and sustaining CCA at scale; and
(B) the primary factors inhibiting deployment of CCA in the Indo-Pacific region.
(15) Resource requirements and an implementation timeline for the strategy developed under subsection (a)(1), including budget estimates, force structure assumptions, and major milestones.
(c) Federally Funded Research and Development Center Support.--In carrying out the strategy and report requirements under this section, the Secretary of the Air Force may leverage the support of one or more federally funded research and development centers with expertise in logistics, force design, contested sustainment, autonomous systems, or defense mobility planning.
(d) Form.--The report submitted pursuant to subsection (a)(2) shall be submitted in unclassified form, but may include a classified annex.
(e) CCA Defined.--In this section, the term "CCA" means autonomous, uncrewed collaborative combat aircraft of the Department of the Air Force.
At the end of subtitle D of title III, insert the following new section:
SEC. 3__. REPORT ON ACCELERATING MILITARY POSTURE WITHIN AREA
OF RESPONSIBILITY OF UNITED STATES INDO-PACIFIC
COMMAND.
Not later than 180 days after the date of enactment of this Act, the Commander of United States Indo-Pacific Command shall submit to the congressional defense committees a report on options to accelerate the posture of the Armed Forces within the area of responsibility of such Command. Such report shall include the following:
(1) A comprehensive list of each planned or underway initiative to establish or enhance access by the Armed Forces to locations within such area of responsibility, including access to headquarters, military installations, prepositioned stocks, and forward operating locations within such area.
(2) For each initiative listed pursuant to paragraph (1)--
(A) an expected timeline for the completion of the initiative, including an identification of major milestones during the periods ending in 2030, 2035, and 2040, respectively;
(B) a description of any opportunities to accelerate such expected timeline;
(C) an analysis of any financial, diplomatic, logistical, or other impediment to such accelerated timeline;
(D) recommendations to overcoming any such impediment, including an identification of resources required; and
(E) an evaluation of the operational and strategic benefits of such acceleration.
(3) A prioritized list of candidate initiatives, and corresponding locations, suitable for the acceleration described in paragraph (2), including an identification of any resources or actions required for such acceleration.
Add at the end of subtitle B of title XVII the following new section:
SEC. __. AMENDMENTS TO REQUIREMENTS FOR RAILROAD FREIGHT CARS
PLACED INTO SERVICE IN THE UNITED STATES AND
TRANSPORTING DEPARTMENT OF DEFENSE CARGO.
Section 20171 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (5) through (12), as paragraphs (6) through (13), respectively; and
(B) by inserting after paragraph (4) the following:
"(5) Department of defense cargo.--The term `Department of Defense cargo' means the movement of goods by a rail carrier arranged for, by, or on behalf of any of the armed forces, as defined in section 101 of title 10.";
(2) in subsection (b)(1) by striking "A railroad" and inserting "Expect as required in subsection (d), a railroad";
(3) in subsection (c)(3)(B) by striking "Association of American Railroad's Umler system" and inserting "Association of American Railroads' Umler system"; and
(4) by adding at the end the following new paragraph:
"(d) Requirements for Railroad Freight Cars Transporting Department of Defense Cargo.--For railroad freight cars transporting Department of Defense cargo, the requirements of subsection (b) shall apply as follows:
"(1) For the 1-year period beginning on the date of enactment of the National Defense Authorization Act for Fiscal Year 2027, a railroad freight car produced during the 2-year period immediately prior to such date of enactment.
"(2) For the 1-year period beginning 1 year after such date of enactment, a railroad freight car produced during the 5-year period immediately prior to such date of enactment.
"(3) For the 1-year period beginning 2 years after such date of enactment, a railroad freight car produced during the 10-year period immediately prior to such date of enactment.
"(4) For the 1-year period beginning 3 years after such date of enactment, a railroad freight car produced during the 15-year period immediately prior to such date of enactment.
"(5) On and after the date that is 4 years after such date of enactment, a railroad freight car.".
At the end of subtitle A of title X, insert the following:
SEC. 10__. OTHER TRANSACTION AUTHORITY REPORTING.
Any project carried out by the Department of Defense using other transaction authority under section 4021 of title 10, United States Code, shall be reported in the same manner as other Department of Defense expenditures for inclusion in the searchable public website established by the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note; Public Law 109-282).
Amendment No. 204 Offered by Mr. Moore of North Carolina
In title XV, subtitle B, add at the end the following new section:
SEC. 15__. ARMY QUANTUM READINESS AND ADVANCED COMPUTING
INITIATIVE.
(a) Establishment.--The Secretary of the Army shall establish an Army Quantum Readiness and Advanced Computing Initiative to prepare the Department of the Army for the integration of quantum computing, quantum-enabled technologies, and advanced computing capabilities into future operational, intelligence, logistics, and command-and-control missions.
(b) Objectives.--The Initiative shall--
(1) identify Army operational applications of quantum computing, quantum sensing, quantum networking, and quantum-enabled artificial intelligence;
(2) assess infrastructure requirements necessary to support future quantum and advanced computing capabilities, including power, cooling, networking, cybersecurity, and secure facilities;
(3) evaluate acquisition pathways capable of accelerating the transition of quantum technologies from research and development into operational use;
(4) identify opportunities to leverage partnerships among Army laboratories, academic institutions, federally funded research and development centers, and private industry;
(5) develop a workforce strategy to support future Army quantum and advanced computing requirements; and
(6) establish pilot projects to evaluate advanced computing infrastructure supporting future quantum-enabled capabilities.
(c) Quantum Readiness Demonstration Activities.--The Secretary may establish demonstration activities to evaluate--
(1) advanced computing architectures supporting quantum technologies;
(2) quantum-enabled artificial intelligence applications;
(3) post-quantum cybersecurity capabilities;
(4) resilient and secure networking architectures; and
(5) infrastructure necessary to support future Army quantum capabilities.
(d) Report.--Not later than 270 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report describing--
(1) Army quantum readiness requirements;
(2) recommended infrastructure investments;
(3) workforce and educational requirements;
(4) recommended pilot and demonstration activities; and
(5) legislative or acquisition authorities necessary to accelerate Army quantum readiness.
Add at the end of title XI of division A the following:
SEC. 11__. CODIFICATION OF DIRECT HIRE AUTHORITY FOR DOMESTIC
DEFENSE INDUSTRIAL BASE FACILITIES, MAJOR RANGE
AND TEST FACILITIES BASE, AND OFFICE OF THE
DIRECTOR OF OPERATIONAL TEST AND EVALUATION.
(a) Codification.--Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 1599k.
Text printed in the Record (10,476 characters)
Direct hire authority for domestic defense
industrial base facilities, Major Range and Test Facilities
Base, and Office of the Director of Operational Test and
Evaluation
"(a) Defense Industrial Base Facility and Mrtfb.--The Secretary of Defense may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title, qualified candidates to positions in the competitive service at any defense industrial base facility or the Major Range and Test Facilities Base, including to Navy Supervisor of Shipbuilding, Conversion, and Repair positions.
"(b) Office of the Director of Operational Test and Evaluation.--The Secretary of Defense may, acting through the Director of Operational Test and Evaluation, appoint qualified candidates possessing an advanced degree to scientific and engineering positions within the Office of the Director of Operational Test and Evaluation without regard to the provisions of subchapter I of chapter 33 of title 5, other than sections 3303 and 3328 of such title.
"(c) Definition of Defense Industrial Base Facility.--In this section, the term `defense industrial base facility' means any Department of Defense depot, arsenal, or shipyard located within the United States and includes supporting units of a facility at an installation or base.";
(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
"1599k. Direct hire authority for domestic defense industrial base facilities, Major Range and Test Facilities Base, and Office of the Director of Operational Test and Evaluation.". (c) Conforming Repeal.--Section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is repealed.
At the end of subtitle F of title X, add the following new section:
SEC. 10__. DESIGNATION OF LEAD AGENCY SERVICE DELIVERY
OFFICIAL FOR THE DEPARTMENT OF DEFENSE.
(a) Designation of Lead Agency Service Delivery Official.--The Secretary of Defense shall designate a senior official of the Department of Defense to serve as the Lead Agency Service Delivery Official for the Department, in accordance with section 323(b) of title 5, United States Code.
(b) Designation of Military Department Officials.--The Secretary of Defense shall require each Secretary of a military department to designate a senior official responsible for coordinating service delivery improvement activities within such military department.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the implementation of service delivery improvement activities by the Department. Such report shall include--
(1) an identification of each official designated pursuant to subsection (b) or (c), including a description of the respective authorities, responsibilities, and reporting relationships of such officials;
(2) an assessment of the programs, benefits, services, and functions of the Department that may be appropriate for designation as a high impact service provider, as such term is defined in section 321 of title 5, United States Code, including any such services that directly affect members of the Armed Forces and their families;
(3) a description of efforts to collect and incorporate feedback from recipients of benefits and services of the Department;
(4) a description of performance measures used to assess the accessibility, efficiency, timeliness, and quality of the delivery of such benefits and services;
(5) a description of standards established for the collection, management, and reporting of such delivery performance information across the Department; and
(6) any recommendations for additional authorities or resources needed to improve the delivery of benefits and services across the Department.
At the end of subtitle H of title V, add the following new section:
SEC. 5__. LIMITATION ON PROVISION OF FUNDS TO ELEMENTARY AND
SECONDARY SCHOOLS HOSTING CONFUCIUS INSTITUTES
AND CLASSROOMS.
(a) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of Defense may be provided to an elementary school or secondary school that hosts a Confucius Institute or Classroom, other than amounts provided directly to students as educational assistance.
(b) Definitions.--In this section:
(1) The term "Confucius Institute or Classroom" means a cultural institute or educational partnership directly or indirectly funded by the Government of the People's Republic of China.
(2) The terms "elementary school" and "secondary school" have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
At the end of subtitle B of title XVII, insert the following:
SEC. 17__. REPORT ON AVERAGE RESPONSE TIMES TO REQUESTS FOR
DD-214S.
Not later than 180 days after enactment of this Act, the Secretary of Defense, in consultation with the Archivist of the United States, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes each of the following:
(1) The average response time, over the three-year period preceding the date of the submission of the report, to provide a replacement Certificate of Release or Discharge from Active Duty (DD Form 214) to a veteran, next of kin, or other authorized representative upon receipt of required documentation to grant such request.
(2) The average response time, over such three-year period, to notify a veteran, next of kin, or other authorized representative who requests a Certificate of Release or Discharge from Active Duty (DD Form 214) that the request cannot be granted due to a lack of required documentation.
At the end of subtitle E of title X, insert the following:
SEC. 10_. REPORT ON FUNDING BARRIERS FOR SUAS.
(a) Sense of Congress.--Congress recognizes there is unprecedented demand within the Department of Defense for acquisition and fielding of small unmanned aircraft systems (in this section referred to as " sUAS"), particularly for units slated for overseas deployments.
(b) Report.--Not later than March 31, 2027, the Secretary of Defense shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report that includes--
(1) the reason or reasons for prohibiting use of operation and maintenance fund for the purchase of sUAS participating in a program of record;
(2) any broader challenges to the procurement of sUAS, including lack of authority or funding sources within the Department; and
(3) a description of any legislative action required to address this issue.
Add at the end of subtitle C of title VII the following new section:
SEC. 7__. INCLUSION ON A WEBSITE OF THE DEPARTMENT OF DEFENSE
OF CERTAIN INFORMATION WITH RESPECT TO A
PATIENT BOOKING AN APPOINTMENT AT A MILIARY
MEDICAL TREATMENT FACILITY.
Section 1073b(b)(1) of title 10, United States Code, as amended by section 737, is further amended--
(1) by striking "The Secretary" and inserting "(A) The Secretary"; and
(2) by striking "Such data" and all that follows and inserting the following new subparagraph:
"(B) The data made available under subparagraph (A) shall include the following:
"(i) The core performance metrics adopted by the Secretary under section 728 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2234).
"(ii) The average number of days between the date an individual books an appointment at a military medical treatment facility and the date of such appointment.
"(iii) The percentage of referrals of an individual to another health care facility that are made not later than one business day after the date on which such individual contacted the military medical treatment facility.".
At the end of subtitle B of title II, add the following new section:
SEC. 2__. COMPREHENSIVE SHARED DATABASE FOR RESEARCH AND
DEVELOPMENT.
(a) Establishment.--The Secretary of Defense shall, in collaboration with Federal laboratories, establish a comprehensive shared database of research and technology developed to help improve public and private cooperation in order to benefit national security. Such database shall meet necessary security standards, as determined by the Secretary.
(b) Federal Laboratories.--In establishing the database under subsection (a), the Secretary shall collaborate with Federal laboratories that focus on a variety of technologies, sectors, and needs within the national security sector.
Add at the end of subtitle C of title VII the following new section:
SEC. __. REPORT AND STANDARDS ON TIMELINESS OF ELECTRONIC
HEALTH RECORDS DURING TRANSITION FROM THE ARMED
FORCES.
(a) Report.--
(1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the timeliness of providing members of the Armed Forces who are separating from active duty with a copy of the electronic health records of the members.
(2) Elements.--The report under paragraph (1) shall include the following, with respect to the one-year period preceding the date of the report:
(A) The average number of days following separation from active duty for a member to receive the electronic health records of the member.
(B) The most number of days a member has waited to receive such records.
(C) An explanation for delays in providing members such records.
(b) Standards.--Not later than 270 days after the date on which the Secretary submits the report under subsection (a)(1), the Secretary shall establish standards to ensure that a member of the Armed Forces who is separating from active duty receives the electronic health records of the member within a reasonable period.
(c) Reasonable Period Defined.--In this section, the term "reasonable period", with respect to the standards established under subsection (b), means a period that the Secretary of Defense determines appropriate after taking into account--
(1) the findings of the report under subsection (a)(1); and
(2) the views of members of the Armed Forces who are separating from active duty, veterans, and other individuals the Secretary determines appropriate.
Text printed in the Record (57 characters)
Amendments En Bloc No. 4 Offered by Mr. Rogers of Alabama
The Acting CHAIR12:10 p.m.
The Clerk will designate the amendments en bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, and 265 printed in part A of House Report 119-755, offered by Mr. Rogers of Alabama:
Text printed in the Record (9,861 characters)
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR BLAST OVERPRESSURE MITIGATION DEVICES
FOR SMALL AND MEDIUM CALIBER WEAPONS.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Research, Development, Test, and Evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Warrior Systems, line 305, is hereby increased by $5,000,000 (with the amount of such increase to be used for blast overpressure mitigation devices for small and medium caliber weapons).
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4201 for Research, Development, Test, and Evaluation, Army, as specified in the corresponding funding table in section 4201, line 128 for Artillery Systems--EMD is hereby reduced by $5,000,000.
In title XV, subtitle A, add at the end the following:
SEC. 15__. INTERIM DATA PROTECTION MEASURES FOR THE
DEPARTMENT OF DEFENSE.
(a) Data Protection Review.--The Secretary of Defense shall ensure that, not later than 45 days after the date of the enactment of this Act, each portfolio acquisition executive initiates a narrow, expeditious review of each program of record assigned to such executive to determine whether it is feasible and practicable to incorporate into the program of record cryptographic protection described in subsection (b) in a manner that does not require replacement, modification, or augmentation of existing chips, cryptographic cards, radios, hardware security modules, or other physical components.
(b) Cryptographic Protection.--The cryptographic protection described in this subsection is utility-based, software-only data packet level cryptographic protection that--
(1) advances data protection for the program of record toward the migration to post quantum cryptography on or before December 31, 2030, as directed in the memorandum of the Chief Information Officer dated November 18, 2025 (relating to "Preparing for Migration to Post Quantum Cryptography");
(2) is, or is compatible with, a lattice-based, symmetric, asymmetric, or hybrid cipher capable of providing security strength of or exceeding Advanced Encryption Standard with a 256-bit key (AES-256), including post-quantum security key encapsulation at greater than 1024-bit and digital signature mechanisms and other parameters defined by the Chief Information Officer;
(3) is capable of directly combining cryptographic key material with access controls and authorization constraints or policies controlled by the Department of Defense, a multi-factor key for user identity management and device authentication through the encryption process at the data or key level, and can guarantee provenance between the sender and the receiver of data;
(4) provides capability for variable symmetric encryption strengths of at least 512-bit with minimal degradation of encryption decryption speed; and
(5) provides full key custody and control to the data owner within the Department of Defense, consistent key sovereignty, including no requirement for key escrow, replication, derivation, or retention of cryptographic keys by third-party vendors.
(c) Approval.--Software providing the cryptographic protection described in subsection (b) shall be approved by the Chief Information Officer of the Department of Defense before it is deployed in any program of record.
(d) Future Programs of Record.--The Secretary of Defense shall ensure that each program of record established after the date of the enactment of this Act incorporates cryptographic protection described in subsection (b) from inception, to the extent it is feasible and practicable to do so.
(e) Pooled Implementation.--The Chief Information Officer is authorized to direct pooled acquisitions of licenses for cryptographic protection described in subsection (b) for use by programs of record across one or more programs in one or more military departments or other elements of the Department.
(f) Vendor Lock.--The Secretary of Defense shall ensure, in acquiring any cryptographic protection described in subsection (b), that the Department retains the legal and technical capability to decrypt, access, and migrate its encrypted data upon termination of the contract, without cost and without extending the contract.
(g) Multi-year Term.--A contract for cryptographic protection described in subsection (b) may have a multi-year term if the
contract contains a clause for the Department of Defense to opt out of the contract every two years.
(h) Relationship to Existing Guidance.--The Secretary of Defense shall ensure that this section is implemented in a manner that is consistent with, and seeks to advance, the zero-trust initiatives and classified network protection requirements of the Department of Defense.
amendment no. 215 offered by mr. newhouse of washington
Add at the end of subtitle B of title VIII, the following new section:
SEC. 8__. PROCUREMENT AND USE OF DOMESTIC SILICON ANODE
MATERIALS.
(a) Programs for Battery Cells and Battery Systems.--With respect to a program to procure, test, or approve a battery cell or battery system, the Secretary of Defense shall prioritize, to the extent feasible, the use of silicon anode materials manufactured in the United States or provided by domestic suppliers in such programs if such materials meet or enhance performance, safety, or cost requirements as set forth by the Department.
(b) Procurement of Battery Cells and Battery Systems.--The Secretary of Defense shall, to the maximum extent practicable, procure battery cells and battery systems incorporating silicon anode materials manufactured in the United States or provided by domestic suppliers using intellectual property developed in the United States.
(c) Coordination.--The Secretary of Defense shall coordinate with the Director of the Defense Logistics Agency and each Secretary of a military department to take such action as may be necessary to align procurement policies, qualification standards, and supply chain strategies for domestic production of silicon anode materials technologies and to reduce reliance on foreign-sourced silicon anode materials for battery cells and battery systems.
amendment no. 216 offered by mr. norman of south carolina
At the end of subtitle D of title III, add the following new section:
SEC. 3___. REQUIREMENT TO PROVIDE BRIEFING ON INSECT
REPELLENT UNIFORM TREATMENTS.
(a) Requirement.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Army shall provide a briefing to the Committee on Armed Services of the House of Representatives and the Senate regarding validated insect repellent available to the Army on the date of the enactment of this Act.
(b) Elements.--The briefing under paragraph (1) shall include the following:
(1) Ongoing evaluations to validate fabric treatments to improve insect repellency for combat uniforms.
(2) An analysis of fabric treatment and garment treatment performance results.
(3) Established research and development programs to improve uniform insect repellency.
amendment no. 217 offered by mr. norman of south carolina
In subtitle B of title XVII, add at the end the following:
SEC. 17__. PROHIBITION ON USE OF CCP-LINKED FINANCIAL
SERVICES PROVIDERS ON DEPARTMENT OF DEFENSE
DEVICES.
(a) Definitions.--In this section:
(1) The term "control" means beneficially owning, either directly or through one or more companies, more than 25 percent of the voting securities of an entity.
(2) The term "CCP-linked financial services provider" means--
(A) a broker or dealer that is a member of a national securities association and registered with the Securities and Exchange Commission that is organized under the laws of the People's Republic of China, is controlled by an entity organized under the laws of the People's Republic of China, or is controlled by a national of the People's Republic of China who resides in the People's Republic of China;
(B) an investment adviser registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940 that is organized under the laws of the People's Republic of China, is controlled by an entity organized under the laws of the People's Republic of China, or is controlled by a national of the People's Republic of China who resides in the People's Republic of China; or
(C) any other entity providing financial, investment, or payment services that is organized under the laws of the People's Republic of China, is controlled by an entity organized under the laws of the People's Republic of China, or is controlled by a national of the People's Republic of China who resides in the People's Republic of China.
(3) The term "Department of Defense device" means any computing device, mobile device, or communications equipment issued by the Department of Defense or any component thereof.
(b) Prohibition.--Except as provided in subsection (c), no officer or employee of the Department of Defense, member of the Armed Forces, or contractor personnel operating a Department of Defense device may download, install, or use any application, platform, or software interface operated by a CCP-linked financial services provider on any Department of Defense device.
(c) Exception.--Subsection (b) shall not apply to any use in connection with a law enforcement investigation, intelligence activity, national security operation, cybersecurity research activity, or enforcement or supervisory action conducted in an official capacity and authorized by the Secretary of Defense or the Secretary's designee.
In title XVIII, subtitle A, add at the end the following new section:
SEC. 18__.
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PROHIBITIONS RELATING TO COVERED DISTRIBUTED
LEDGER TECHNOLOGY AND BLOCKCHAIN EQUIPMENT OR
SERVICES.
(a) Prohibition on Acquisition.--The Secretary of Defense may not acquire, or enter into, extend, or renew a contract or other agreement for, any equipment, system, or service that uses covered distributed ledger technology and blockchain equipment or services as--
(1) a substantial or essential component of such equipment, system, or service; or
(2) critical technology as part of such equipment, system, or service.
(b) Prohibition on Loan and Grant Funds.--
(1) Prohibition.--The Secretary of Defense may not obligate or expend loan or grant funds to acquire, or to enter into, extend, or renew a contract or other agreement for, any equipment, system, or service described in subsection (a).
(2) Prioritization.--In implementing the prohibition under paragraph (1), the Secretary of Defense, in administering a loan, grant, or subsidy program, shall prioritize available funding and technical support to assist affected entities as is reasonably necessary for those affected entities to cease use of covered distributed ledger technology and blockchain equipment or services, to acquire replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) Rule of Construction.--Nothing in subsection (a) or (b) shall be construed to--
(1) prohibit the Secretary of Defense from acquiring from an entity, or entering into, extending, or renewing a contract or other agreement with an entity for, a service that connects to the facilities of a third party, such as blockchain protocols or interconnection arrangements; or
(2) apply to wireless telecommunications equipment or third-party validators that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Effective Date.--The prohibitions under subsections (a) and (b) shall take effect on the date that is two years after the date of the enactment of this section.
(e) Waiver Authority.--
(1) In general.--Except as provided in paragraph (2), beginning on the effective date under subsection (d), the Secretary of Defense may, upon request of an entity, issue a waiver of the requirements under subsection (a) with respect to such entity for a period of not more than two years.
(2) Requirements.--The Secretary of Defense may only provide a waiver under this subsection if the entity seeking the waiver--
(A) provides a compelling justification for the additional time to implement the requirements of this section; and
(B) submits to the Secretary of Defense, who shall not later than 30 days thereafter submit to the Committees on Armed Services of the Senate and the House of Representatives, a full and complete description of the presence of covered distributed ledger technology and blockchain equipment or services in the entity's supply chain and a phase-out plan to eliminate such covered distributed ledger technology and blockchain equipment or services.
(3) Elements of the intelligence community.--Beginning on the effective date under subsection (d), a head of an element of the intelligence community may waive the requirements under subsection (a) if such head determines the waiver is in the national security interests of the United States.
(f) Definitions.--In this Act:
(1) The term "covered distributed ledger technology and blockchain equipment or services" means distributed ledger technology and blockchain equipment or services of or originating from a foreign adversary, including any of the following companies or subsidiaries thereof:
(A) The Blockchain-based Services Network.
(B) The Spartan Network.
(C) The Conflux Network.
(D) iFinex, Inc.
(E) Red Date Technology Co., Ltd.
(2) The term "executive agency" has the meaning given the term in section 133 of title 41, United States Code.
(3) The term "foreign adversary" has the meaning given such term in section 7.2 of title 15, Code of Federal Regulations.
(4) The term "intelligence community" has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
At the end of subtitle C of title II, add the following new section:
SEC. 2__. PLAN TO SUPPORT ADVANCED MANUFACTURING AND
MATERIALS FOR HYPERSONICS RESEARCH AND
DEVELOPMENT.
(a) Plan Required.--The Under Secretary of Defense for Acquisition and Sustainment shall develop a plan to develop a comprehensive set of advanced manufacturing practices and advanced materials for hypersonics research and development.
(b) Elements.--At a minimum, the plan under subsection (a) shall--
(1) address--
(A) intelligence-optimized robotic forming;
(B) additive and subtractive manufacturing methods;
(C) precision joining (laser, e-beam, friction stir) for dissimilar metals and metal/CMC interfaces; and
(D) advanced materials and processing; and
(2) define qualification artifacts (process allowable, non-destructive inspection procedures, and digital-thread data standards) and pilot lines executed by consortia of primes, startups, and Federal labs, with TRL/MRL, cost, and lead-time objectives.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the plan developed under subsection (a).
Page 381, after line 10, insert the following new section:
SEC. 5__. GAO STUDY AND REPORT ON MENTAL HEALTH EFFECTIVENESS
OF TRANSITION ASSISTANCE PROGRAM AND SOLID
START PROGRAM.
(a) Study Required.--The Comptroller General of the United States shall conduct a study on the effectiveness of TAP and the Solid Start program in identifying, counseling, and supporting members of the Armed Forces and veterans regarding mental health risks and transition-related stressors during their separation from the Armed Forces.
(b) Elements.--The study required under subsection (a) shall include an assessment of the following:
(1) The extent to which counseling provided under TAP includes comprehensive information regarding post-traumatic stress disorder, traumatic brain injury, anxiety disorders, depression, chronic pain, sleep disorders, suicidal ideation, and other mental health conditions associated with service in the Armed Forces.
(2) The effectiveness of TAP curriculum in educating separating members on the risk factors of suicide, including signs of severe relationship strain, isolation, unemployment, or loss of community support systems.
(3) The baseline performance metrics and outreach success rates of the Solid Start program during the first year following separation from the Armed Forces, with a specific focus on the program's success in facilitating veterans' enrollment in the system of annual patient enrollment under section 1705 of title 38, United States Code.
(4) The degree of interagency data-sharing and coordination between the Secretary of Defense and the Secretary of Veterans Affairs to track warm handoffs for high-risk members of the Armed Forces separating from active duty.
(5) Gaps in current pre-separation counseling and post-separation outreach related to substance use disorder resources, including alcohol and prescription opioid abuse counseling.
(c) Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report containing the findings and recommendations of the Comptroller General based on the study conducted under subsection (a), including administrative or legislative recommendations to reduce veteran suicide during the first year following separation from the Armed Forces.
(d) Definitions.--In this section:
(1) The term "appropriate congressional committee" means--
(A) the Committee on Armed Services of the House of Representatives;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Veterans' Affairs of the House of Representatives; or
(D) the Committee on Veterans' Affairs of the Senate.
(2) The term "Solid Start program" means the program under section 6320 of title 38, United States Code.
(3) The term "TAP" means the Transition Assistance Program under sections 1142 and 1144 of title 10, United States Code.
Add at the end of subtitle G of title XXVIII, the following new section:
SEC. 28__. REPORT ON UNDERUTILIZED AIR NATIONAL GUARD
AIRFIELD INFRASTRUCTURE.
(a) In General.--Not later than 180 days after the date of the enactment of this section, the Secretary of the Air Force shall, in consultation with the Chief of the National Guard Bureau and the Commander of United States Strategic Command, submit to the congressional defense committees a report evaluating the feasibility, infrastructure readiness, and cost-benefits of co-locating permanent, manned flying missions at Air National Guard installations that currently possess active runways but lack manned active aircraft.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) An inventory of Air National Guard installations described in subsection (a) that possess active runway infrastructure of 9,000 feet or greater, secure military enclaves, and proximity to regional training corridors or geographic commands.
(2) An assessment of the capacity of such joint-use commercial airfield infrastructure, including taxiways and secure ramp space, to host permanent or distributed strategic assets.
(3) An evaluation of the workforce readiness and technical expertise, including cyber, intelligence, and remotely piloted aircraft operations, to support advanced manned flying missions.
(4) An assessment of alternative or distributed basing options required to support strategic long-range strike systems in the event that total procurement exceeds the initial program of record.
At the end of subtitle D of title XVIII, add the following:
SEC. 18__.
Text printed in the Record (9,937 characters)
REPORT ON ALIGNING SMALL BUSINESS INVESTMENT
COMPANY PROGRAM WITH DEFENSE INDUSTRIAL BASE
REQUIREMENTS.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of Defense, in coordination with the Administrator of the Small Business Administration, shall submit to the congressional defense committees a report that--
(1) identifies priority capital-intensive defense industrial base sectors, including--
(A) munitions and energetics;
(B) forgings and castings;
(C) propulsion components;
(D) specialty chemicals; and
(E) other critical manufacturing sectors identified by the Secretary of Defense;
(2) assesses the extent to which investments made through the SBIC program are aligned with the sectors identified under paragraph (1);
(3) maps, to the extent practicable, SBIC-backed portfolio companies to defense-relevant production and manufacturing activities, including those supporting--
(A) facility construction and expansion;
(B) tooling, industrial equipment, and advanced manufacturing capabilities;
(C) workforce development associated with production scaling; and
(D) supply chain resilience and domestic sourcing of critical inputs;
(4) assesses the extent to which the SBIC program is contributing to--
(A) increased production capacity and throughput;
(B) reduced production timelines and bottlenecks;
(C) expanded surge capacity and mobilization readiness; and
(D) mitigation of supply chain vulnerabilities, including reliance on foreign entities of concern;
(5) describes the types of capital deployed through SBIC funds in defense-relevant sectors, including equity investments, subordinated debt, and other financing structures, and evaluates whether such capital is suited to capital-intensive manufacturing requirements;
(6) identifies barriers to greater SBIC participation in defense industrial base sectors, including--
(A) risk-return profiles associated with capital-intensive manufacturing investments;
(B) statutory or regulatory limitations within the SBIC program;
(C) information asymmetries between the Department of Defense and private fund managers; and
(D) challenges related to contracting timelines, demand signals, or program stability; and
(7) provides recommendations to improve alignment between the SBIC program and defense industrial base requirements.
(b) Definitions.--In this section:
(1) The term "SBIC" means a small business investment company (as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662)).
(2) The term "SBIC program" means the small business investment company program of the Small Business Administration.
At the end of subtitle F of title XII, add the following new section:
SEC. 12__. ANNUAL REPORT ON TAIWAN CAPABILITIES AND
INTELLIGENCE SUPPORT.
Section 1248 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81) is amended--
(1) in subsection (a)--
(A) by striking "fiscal year 2027, the Secretary of State and the Secretary of Defense, in coordination with the Director of National Intelligence and the heads of other relevant Federal departments and agencies, shall jointly" and inserting "fiscal year 2031, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall";
(B) in paragraph (2), by striking "ability of Taiwan" and inserting "readiness of the Taiwan military";
(C) by redesignating paragraph (16) as paragraph (19); and
(D) by adding after paragraph (15) the following:
"(16) An assessment regarding how Japan, the Republic of Korea, the Philippines, Vietnam, and Australia would likely respond to contingencies, including--
"(A) a military strike or invasion of Taiwan or an offshore island of Taiwan, including Kinmen, Matsu, Wuciou, Taiping Island, and Penghu;
"(B) a commercial blockade of Taiwan in which international vessels are subjected to search or seizure by the People's Liberation Army;
"(C) a major cyberattack against the critical infrastructure of Taiwan; and
"(D) a seizure of one or more of Taiwan's offshore islands or territorial claims.
"(17) Guidance for representatives from the military of Taiwan to attend, as observers and as appropriate, joint military exercises led by the United States, such as the biennial Rim of the Pacific exercise.
"(18) An assessment of the feasibility of using economic tools, including export controls, sanctions, and tariffs, to deter China from carrying out the actions described in subparagraphs (A) through (D) of paragraph (16)."; and
(2) in subsection (b)--
(A) in paragraph (2), by striking "; and" and inserting a semicolon;
(B) in paragraph (3), by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(4) an assessment of how the United States Armed Forces could marshal resources to respond to the actions described in subparagraphs (A) through (E) of subsection (a)(16), based on the force posture and stockpiles of the Armed Forces.".
At the end of subtitle E of title XII, insert the following:
SEC. 12__. STRATEGIC PARTNERSHIP ON DEFENSE INDUSTRIAL
PRIORITIES BETWEEN THE UNITED STATES AND
TAIWAN.
The Secretary of Defense shall seek to establish a partnership between the Department of Defense and appropriate counterparts of Taiwan in order to--
(1) enhance market opportunities for United States-based and Taiwan-based defense technology companies;
(2) bolster Taiwan's defense industrial base;
(3) harmonize global security posture through emerging technology;
(4) counter the Chinese Communist Party and Chinese Communist Party-aligned adversarial proxy group development of dual-use defense technologies; and
(5) in coordination with appropriate counterpart offices of the Taiwan Ministry of National Defense--
(A) enable coordination on defense industrial priorities;
(B) streamline emerging defense technology research and development;
(C) create more pathways to market for defense technology startups; and
(D) collaborate on the coordinated development of dual-use defense capabilities, such as the following:
(i) Drones.
(ii) Microchips.
(iii) Directed energy weapons.
(iv) Artificial Intelligence.
(v) Missile technology.
(vi) Intelligence, surveillance, and reconnaissance technology.
At the end of subtitle E of title XII, add the following new section:
SEC. 12__. JOINT UNITED STATES-TAIWAN RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION PROGRAM.
(a) In General.--The Secretary, in coordination with the Director of the Defense Security Cooperation Agency and in consultation with the Secretary of State, shall seek to carry out with Taiwan a joint research, development, test, and evaluation program (in this section referred to as the "Program") to accelerate the development and transition of unmanned aircraft systems and counter-UAS systems.
(b) Program Activities.--In carrying out the Program, the Secretary may, with respect to unmanned aircraft systems and counter-UAS systems--
(1) research, develop, test, and evaluate such systems, and related enabling technologies, jointly with Taiwan, including by prototyping;
(2) fund the development of critical components of such systems, including sensors, autonomy software, control systems, communications modules, and propulsion technologies;
(3) test, evaluate, and experiment with respect to such systems in relevant operational environments jointly with Taiwan;
(4) integrate systems developed under the Program into exercises, demonstrations, and operational use; and
(5) transition systems and technologies developed under the Program to production using available authorities.
(c) Priorities.--In carrying out the Program, the Secretary shall prioritize systems and technologies that--
(1) address capability gaps identified by the Commander of the United States Indo-Pacific Command;
(2) demonstrate the capability to transition to production and operational use within 24 to 36 months; and
(3) support interoperability and integration with respect to the United States Armed Forces and the military forces of Taiwan.
(d) Coordination.--The Secretary shall ensure that activities under the Program--
(1) are coordinated with the Commander of the United States Indo-Pacific Command;
(2) leverage contributions from Taiwan, including financial and in-kind support; and
(3) align with existing security cooperation and technology development programs.
(e) Report Required.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report that--
(1) identifies activities funded under the Program and the funding levels of such activities;
(2) evaluates progress toward testing, production, or operational use of systems developed under the Program;
(3) describes contributions to the Program from Taiwan, including financial and in-kind support;
(4) evaluates alignment of the Program with operational requirements of the United States Indo-Pacific Command; and
(5) identifies barriers to transitioning systems and technologies developed under the Program and provides recommendations to address such barriers.
(f) Definitions.--In this section:
(1) Counter-UAS system; unmanned aircraft system.--The terms "counter-UAS system" and "unmanned aircraft system" have the meanings given such terms in section 44801 of title 49, United States Code.
(2) Secretary.--The term "Secretary" means the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering.
amendment no. 226 offered by mr. obernolte of california
At the end of subtitle C of title III, add the following new section:
SEC. 3__.
Text printed in the Record (10,990 characters)
PILOT PROGRAM ON INTEGRATED ROAD AND RAILROAD
LOGISTICS CAPABILITIES FOR UNITED STATES
TRANSPORTATION COMMAND.
(a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Commander of the United States Transportation Command, shall establish a pilot program to assess the operational utility of integrated road and railroad logistics capabilities at the initial and final stages of the transportation process, to improve the resilience, throughput, and safety of surface distribution in support of joint force operations, including in austere and contested environments.
(b) Activities.--The pilot program under subsection (a) shall, to the maximum extent practicable and consistent with applicable safety and security requirements, include the following activities:
(1) The demonstration and evaluation of surface logistics platforms capable of--
(A) operating on public roads and on standard-gauge rail infrastructure, including yards, spurs, sidings, and railheads; and
(B) transitioning between such modes without requiring the construction of new fixed terminal infrastructure.
(2) The demonstration and evaluation of capabilities to transport standardized cargo platforms, including loads compatible with international intermodal containers (commonly referred to as "ISO containers") and other modular payloads, between public roads and rail infrastructure in a manner that reduces reliance on multiple specialized assets for handling cargo and reduces cargo dwell time at railheads and yards.
(3) The assessment of plans for the operational deployment of such platforms, capabilities, and associated systems, for--
(A) distribution to military installations and use with respect to depots;
(B) port and strategic mobility support activities; and
(C) distributed logistics in austere and contested environments where infrastructure is damaged, constrained, or unavailable.
(4) The demonstration and evaluation of a software-enabled capability to coordinate transportation on public roads and rail infrastructure at the initial and final stages of the transportation process, including to coordinate the scheduling of yard and terminal availability, mission assignment, and exception management, and to generate auditable performance data on such activities.
(5) The assessment of cybersecurity and data integrity measures for any networked command-and-control, dispatch, or audit logging function relating to such pilot program, including authentication, encryption in transit, access controls, and tamper-evident recordkeeping, consistent with applicable cybersecurity policies of the Department of Defense.
(6) The evaluation of safety considerations (including with respect to human involvement in supervision activities, as appropriate) and compliance pathways for operations on or adjacent to rail infrastructure and in controlled environments, including geofenced areas.
(c) Locations.--The Commander of the United States Transportation Command
shall carry out the pilot program under subsection (a) at one or more locations selected by the Commander. Such locations may include the following:
(1) A strategic distribution node, port, or other surface distribution hub supporting the Defense Transportation System.
(2) A railhead located at a military installation, a depot, a location at which logistics readiness activities are conducted, or another facility of the Department of Defense with recurring surface distribution requirements.
(d) Metrics and Evaluation.--In carrying out the pilot program under subsection (a), the Commander of the United States Transportation Command shall establish metrics and, to the maximum extent practicable, collect and assess performance data for the activities conducted under such pilot program. Such data may include the following:
(1) Cargo dwell time and throughput.
(2) Labor hour requirements and safety incidents.
(3) Operational availability and maintenance burden.
(4) Energy use and fuel consumption.
(5) Integration burden with existing logistics information systems.
(6) Cybersecurity observations and data integrity outcomes.
(e) Termination.--The pilot program under subsection (a) shall terminate on the date that is two years after the date on which the pilot program is established.
(f) Report.--Not later than 180 days after the date of the termination of the pilot program under subsection (e), the Secretary of Defense shall submit to the congressional defense committees a report containing a description of the results of such pilot program, including the following:
(1) A summary of the activities conducted under such pilot program and the locations selected pursuant to subsection (c).
(2) An assessment of the performance of such activities against the metrics established pursuant to subsection (d).
(3) An identification of any safety or regulatory constraint encountered in carrying out such activities, including as a result of railroad operating rules.
(4) An assessment of cybersecurity and data integrity considerations.
(5) A cost-informed assessment of the scalability of such pilot program and related sustainment considerations.
(6) Recommendations regarding future experimentation relating to the capabilities demonstrated and evaluated under such pilot program or similar capabilities, the development of related requirements, and potential transition pathways for such capabilities.
amendment no. 227 offered by mr. obernolte of california
At the end of subtitle F of title XVIII, add the following new section:
SEC. 18__. ASSESSMENT OF INDUSTRIAL BASE FOR TURBOJET
PYROTECHNIC DEVICES.
(a) Findings.--Congress finds the following:
(1) Turbojet pyrotechnic devices are critical for the operation of aerial targets and unmanned systems used in military training and testing, and weapon systems.
(2) Current supply chain lead times of 18 to 36 months exceed the Department of Defense's 12-month requirement, creating a production bottleneck that poses risks to readiness and operational effectiveness.
(b) Report Required.--Not later than March 1, 2027, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Secretary of the Army and the Assistant Secretary of Defense for Industrial Base Policy, shall submit to the congressional defense committees a report that, with respect to turbojet pyrotechnic devices--
(1) assesses--
(A) projected demand through fiscal year 2030, including with respect to initiators, igniters, pyroflares, turbine start cartridges, and other similar pyrotechnic devices;
(B) current United States production capacity, scalability, and lead times;
(C) supply chain vulnerabilities and impacts on readiness; and
(D) potential commercial or dual-use applications; and
(2) provides recommendations to reduce supply chain lead times, diversify suppliers, and strengthen the industrial base.
(c) Implementation Authority.--The Secretary of Defense may initiate pilot efforts or partnerships that support implementation of the recommendations in the report under subsection (b).
At the end of subtitle E of title XII, insert the following:
SEC. 12__. PLAN REQUIRED FOR FULL PARTICIPATION BY TAIWAN IN
THE RIM OF THE PACIFIC EXERCISE.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall create a plan for the naval forces of Taiwan to fully participate in the Rim of the Pacific exercise conducted in 2028.
At the end of subtitle B of title I, add the following new section:
SEC. 1__. REPORT ON FIELDING OF LINK 16 TACTICAL DATA LINK
NETWORKING CAPABILITIES ON UH-60M AND CH-47F
AIRCRAFT.
Not later than December 1, 2026, the Secretary of the Army shall submit to the congressional defense committees a report on the efforts of the Army to field Link 16 tactical data link networking capabilities on UH-60M and CH-47F aircraft. The report shall include--
(1) a description of how Link 16 tactical data link networking capabilities on the AH-64E, UH-60M, and CH-47F aircraft contribute to the Next Generation Command and Control efforts of the Army; and
(2) such other information as the Secretary determines appropriate.
amendment no. 230 offered by mr. pappas of new hampshire
At the end of subtitle C of title II, add the following new section:
SEC. 2__. STRATEGY FOR THE DEVELOPMENT OF FRICTION STIR
ADDITIVE MANUFACTURING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the enactment of this section, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a comprehensive report outlining the strategy of the Department of Defense for the research, development, and deployment of friction stir additive manufacturing technologies.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An assessment of the strategic importance of developing and deploying friction stir additive manufacturing technologies for national defense, including their potential to enhance supply chain resilience, manufacturing agility, and operational readiness.
(2) A detailed summary of current and planned Department of Defense programs and initiatives that are supporting the development, testing, or implementation of friction stir additive manufacturing technologies.
(3) An analysis of key areas of operational impact of such technologies, including--
(A) expeditionary manufacturing and sustainment capabilities;
(B) deployable micro-factory systems for forward operating bases or contested environments; and
(C) development of ultra-large-scale friction stir additive manufacturing techniques for critical defense infrastructure and platforms.
At the end of subtitle I of title V, add the following new section:
SEC. 5__. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO
CERTAIN BATTLE OF MIDWAY TORPEDO SQUADRON
COMMANDERS AND DIVE BOMBER FLIGHT LEADS FOR
ACTS OF VALOR.
(a) Authorization.--Notwithstanding the time limitations specified in sections 8298(a) and 8300 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized to award the Medal of Honor, under section 8291 of such title, to Commander Clarence W. McClusky, Lieutenant Commander Max F. Leslie, Lieutenant Commander Eugene E. Lindsey, Lieutenant Commander Lance E. Massey, Lieutenant Commander John C. Waldron, and Lieutenant Richard H. Best for the acts of valor described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described in this subsection are the actions of the individuals described in subsection (a) on June 4, 1942, as members of the Navy, during combat operations near Midway Atoll that led to the sinking of four enemy aircraft carriers.
At the end of subtitle A of title XVI, add the following new section:
SEC. 16__.
Text printed in the Record (11,846 characters)
REPORT ON OPTICAL COMMUNICATIONS AND NETWORKING
STANDARDS FOR NATIONAL SECURITY SPACE
ARCHITECTURES.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force, acting through the Chief of Space Operations and in coordination with the Assistant Secretary of the Air Force for Space Aquistion and Integration, the Commander of Space Systems Command, and the Director of the Space Warfighting Analysis Center, shall submit to the congressional defense committees a report on the governance, maintenance, validation, implementation, and future development of optical communications and networking standards for national security space architectures.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) A description of the governance structure for such standards, including the roles and responsibilities of relevant Department of Defense organizations and participating industry and allied stakeholders.
(2) A description of the process by which such standards are developed, reviewed, validated, approved, published, maintained, and incorporated into acquisition programs and requirements.
(3) An assessment of the extent to which current and planned standards support cross-vendor interoperability, backward compatibility where practicable, and participation by qualified commercial providers.
(4) A description of technical validation processes, testing activities, and mechanisms for incorporating operational lessons learned and industry feedback into future standards revisions.
(5) An assessment of how such standards are being incorporated into United States Space Force architecture planning, acquisition activities, and allied and partner engagements.
(6) An assessment of risks associated with transitioning between versions of such standards, including impacts on competition, acquisition timelines, interoperability, and mission assurance.
(7) Identification of any legislative, policy, authority, or resource gaps that limit the Department's ability to sustain and evolve such standards.
(c) Briefing.--Not later than 30 days after submitting the report required under subsection (a), the Secretary of the Air Force shall provide a briefing to the congressional defense committees on the findings and recommendations contained in the report.
(d) Form.--The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
At the end of subtitle F of title X, insert the following:
SEC. 10__. PILOT PROGRAM FOR INTEGRATED WARFIGHTER COGNITIVE
PERFORMANCE AND READINESS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) long-term exposure to high-stress operational environments compromises cognitive performance, sleep quality, and psychological resilience, creating conditions for reduced readiness, impaired decision-making, increased behavioral health risk, and greater potential for anxiety, depression, and other stress-related conditions among members of the Armed Forces;
(2) the Secretary of Defense's May 6, 2026, directive establishing Warfighter Performance Optimization as a core Department of Defense priority directs a data-driven, outcomes-focused approach to scaling proven human performance capabilities across the force and mandates development of minimum standards for human performance programs;
(3) commanders across multiple military services have independently invested in cognitive performance capabilities from local budgets due to existing programs have not consistently delivering measurable readiness outcomes, demonstrating demand for scalable, evidence-based solutions that bridge the gap between research and real-world military performance; and
(4) commercially available, scientifically researched capabilities with documented real-world military performance, including measurable improvements in cognitive performance, sleep quality, stress resilience, and clinical care utilization, are immediately available for deployment and scaling through existing Federal acquisition pathways, with minimal cost or requirements to development of a new program, in direct support of the Department's warfighter performance optimization priorities.
(b) Establishment of Pilot Program.--Not later than March 1, 2027, the Secretary of Defense shall establish a pilot program to modernize existing military resilience and performance programs in support of the warfighter performance optimization priorities of the Department of Defense. The program shall be designed to provide members of the Armed Forces and their dependents with an integrated cognitive performance and readiness capability that combines live performance training, cognitive training tools and technologies, always-on digital support, live coaching, care navigation, sleep optimization, and on-installation cognitive readiness infrastructure. In selecting capabilities for the pilot program, the Secretary shall give priority to commercially or federally available capabilities with documented success and prior performance in military or high-stress operational environments.
(c) Elements.--The pilot program under subsection (b) shall be designed to include the following elements:
(1) The demonstration of a substantial body of scientifically researched and evidence-based published evidence of measurable improvements in cognitive performance outcomes, including sustained attention, reaction time under stress, and stress regulation, in military or high-stress operational populations, including evidence derived from alpha-competitive and high-consequence operational environments such as military aviation, special operations, and elite performance contexts, demonstrating real-world military efficacy.
(2) The demonstration of military cultural competence across all personnel delivering services, including coaches, facilitators, and support staff, through documented training requirements specific to military populations, operational environments, and families of members of the Armed Forces.
(3) Content and curriculum developed in partnership with experts with documented service in military operational leadership roles, aligned to service-specific resilience and readiness frameworks and the unique demands of military life, deployment cycles, and family support, and continuously updated to reflect advances in cognitive performance science.
(4) The delivery of cognitive performance capabilities through--
(A) a holistic approach encompassing education, training, leadership development, and culture, providing tactical tools and skill sets applicable across the full spectrum of military service, any area of operations, and all phases of a member's career; and
(B) multiple complementary modalities including in-person instruction by certified facilitators, on-installation cognitive performance environments, and always-on digital access, ensuring continuity of support regardless of operational tempo, deployment status, or geographic location.
(5) Interactive and contextualized live cognitive performance training--
(A) provided by specialized training teams with expert knowledge of cognitive performance and how to apply skills across the phases of a military career, focused on development of a high-performance mindset to increase readiness, warfighter lethality, and leadership under stress, with certified facilitators embedded at installations to sustain program culture and common language within units between training events; and
(B) that is delivered in-person at installations when operationally feasible, with alternative delivery modalities available for deployed or distributed environments.
(6) Cognitive training tools and resources, including technologies and structured skill-building environments, designed to improve resilience, focus, decision making, and recovery under pressure, with documented peer-reviewed evidence of measurable improvements in cognitive performance outcomes including attention, stress regulation, and reaction time.
(7) A commercially available digital component with demonstrated adoption by millions of users across civilian and enterprise populations, providing continuous on-demand access to cognitive performance support, sleep optimization, stress regulation, mental health and wellness content, and mental fitness resources, including content developed in partnership with experts with documented service in military operational leadership roles, accessible to members of the Armed Forcese and their family members between and independent of scheduled training events, including in deployed environments.
(8) Evidence-based sleep optimization resources and interventions with documented peer-reviewed evidence of measurable improvements in sleep onset, sleep quality, and insomnia reduction, accessible to members of the Armed Forces and their families on demand.
(9) On-demand access, at any time during the day or night, to live subclinical coaching support with response times less than two minutes on average as well as through scheduled video and text based sessions for members of the Armed Forces and their families, with demonstrated rapid-access connection capability, with military cultural competence training required of all coaching personnel as a condition of employment.
(10) Validated assessments and structured care navigation connecting members of the Armed Forces to existing military and Department support resources, including base-level services, crisis pathways, and clinical referral infrastructure aligned to co-created protocols, optimizing the use of existing investments rather than duplicating such investments.
(11) Evidence-based cognitive readiness environments at participating installations using sensory and cognitive stimulation technologies with documented peer-reviewed evidence of measurable improvements in stress recovery and cognitive performance outcomes following use.
(12) Outcome tracking and data collection capabilities across its integrated components, including biometric, assessment-based, and clinical utilization measures of cognitive readiness, designed to support Department-wide warfighter performance reporting requirements.
(13) Commercially availability and contractability under existing Federal acquisition pathways, with a preference for capabilities with documented prior performance in military environments, to enable rapid deployment following program authorization without delay to execution.
(d) Metrics.--The Secretary shall evaluate the pilot program using the following metrics:
(1) Cognitive performance outcomes, including sustained attention, reaction time under stress, and validated measures of stress and resilience.
(2) Sleep quality indicators, including member survey data and sleep medication usage rates.
(3) Behavioral health referral and counseling center usage rates at participating installations.
(4) Related clinical care wait times and limited duty assignment rates attributable to stress and behavioral health conditions.
(5) Use and results of cognitive training tools and technologies, including data on attention, focus, relaxation, and workload regulation.
(6) The level of engagement of members of the Armed Forces and their families, including number of sessions and average hours of substantive program use per active participant.
(7) Program cost efficiency indicators, including estimated reductions in clinical care use and behavioral health-related attrition.
(e) Report.--
(1) In general.--Not later than one year after the commencement of the pilot program under subsection (b), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation and outcomes of the program.
Text printed in the Record (11,636 characters)
Such report shall include--
(A) the evaluation of the pilot program using the metrics under subsection (d);
(B) an assessment of whether the program reduced attrition and improved cognitive performance and resilience among participating members of the Armed Forces; and
(C) a recommendation as to whether the Department of Defense should expand the program across additional installations or populations.
(2) Form.--The report required under this subsection shall be submitted in unclassified form but may contain a classified annex.
Page 275, after line 2, insert the following new section:
SEC. 5__. LIMITED CONSIDERATION OF SATISFACTORY NON-REGULAR
SERVICE TOWARDS SERVICE-IN-GRADE REQUIREMENT OF
A RESERVE OFFICER WHO RETIRES VOLUNTARILY.
Section 1370(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking "; and" and inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(C) in the case of a reserve officer, such period may include satisfactory non-regular service, but not for purposes of calculating--
"(i) the retired pay or other benefits from the United States to which such reserve officer would have been entitled based upon military service; or
"(ii) any benefit to which any other person may become entitled based on such military service.".
At the end of subtitle A of title VII, add the following new section:
SEC. 7__. IMPROVEMENT TO CONTINUATION OF TRANSITIONAL HEALTH
CARE.
Section 1145(a)(4) of title 10, United States Code, is amended--
(1) by striking "Except as" and inserting "(A) Except as"; and
(2) by adding at the end the following new subparagraph:
"(B) In carrying out this subsection, the Secretary of Defense shall ensure that a member may enroll in the transitional health care under paragraph (1) by not later than two business days after the date on which the 180-day transition period begins.".
Page 1295, line 25, strike "(f)" and insert "(g)".
Page 1297, line 1, strike "(g)" and insert "(h)".
Page 1295, after line 25, insert the following:
(e) Hardware and Firmware Assurance Pilot Program.--
(1) Establishment.--Not later than 90 days after the date of enactment of this section, the Secretary of Defense, acting through the Assistant Secretary of Defense for Industrial Base Policy, shall carry out a pilot program in partnership with relevant private entities to conduct a third-party hardware evaluation and an independent analysis of emerging technologies capable of independently verifying the composition and integrity of commercial electronic devices procured through defense supply chains without reliance on hardware bills of materials, software bills of materials, or similar records.
(2) Elements.--In carrying out the pilot program established under this section, the Secretary shall--
(A) identify such technologies for inclusion in the pilot program that perform non-destructive chipset-level interrogation to identify counterfeit, substituted, or compromised components within commercially-sourced equipment;
(B) identify military installations where such technologies can assess equipment--
(i) in use; and
(ii) that has been acquired but not yet deployed; and
(C) ensure, to the extent feasible, that a variety of types of commercially-sourced equipment are included in the pilot program.
(3) Report.--Not later than 180 days after the date on which the pilot program commences, the Secretary shall submit to the congressional defense committees a report on the results of the pilot program, including recommendations for broader implementation and an assessment of costs and benefits.
At the end of subtitle C of title V, add the following new section:
SEC. 5__. STRATEGY TO IMPROVE ACADEMIC OUTCOMES AT THE UNITED
STATES AIR FORCE ACADEMY.
Not later than 120 days after the date of the enactment of this Act, the Superintendent of the United States Air Force Academy shall submit to the congressional defense committees and the Chairman of the Board of Visitors of the Academy a report containing a strategy to improve academic outcomes at the Academy. Such report shall include--
(1) an assessment of the Cadet Honor Code and any recommendations of the Superintendent to update the Cadet Honor Code to address artificial intelligence, large language models, and other emerging technology;
(2) an assessment of the effects of banning the use of mobile phones, smart watches, and other internet-connected devices in academic settings, including a review of publicly available data and outcomes from academic institutions other than military service academies that have implemented such a ban; and
(3) any other policies or modifications to methods of instruction that the Superintendent considers appropriate to improve academic outcomes in support of the Air Force Core Values of "Integrity First. Service Before Self. Excellence in All We Do".
At the end of subtitle D of title V, add the following new section:
SEC. 5__. REDESIGNATION OF DEAN OF THE FACULTY OF UNITED
STATES AIR FORCE ACADEMY AS PROVOST AND DEAN OF
THE FACULTY.
Chapter 953 of title 10, United States Code, is amended--
(1) in section 9431(b)(2), by striking "Dean of the Faculty" and inserting "Provost and Dean of the Faculty"; and
(2) in section 9435--
(A) in the heading, by inserting "Provost and" before "Dean";
(B) in subsection (a)--
(i) in the first sentence, by striking "Dean of the Faculty" and inserting "Provost and Dean of the Faculty"; and
(ii) by striking "the Dean" each place it appears in the second and third sentences and inserting "the Provost and Dean"; and
(C) in subsection (b), by striking "Dean of the Faculty" and inserting "Provost and Dean of the Faculty";
At the end of subtitle F of title X, add the following new section:
SEC. 10__. REVOCATION OF SECURITY CLEARANCES FOR CERTAIN
PERSONS.
(a) Prohibition.--Notwithstanding any other provision of law, the Secretary of Defense shall suspend or revoke a security clearance or eligibility for access to classified information for any retired or separated member of the Armed Forces or civilian employee of the Department of Defense who engages in an activity described in subsection (b).
(b) Activities Described.--The activities described in this subsection are lobbying activities or lobbying contacts for or on behalf of any entity that is--
(1) identified by the Secretary of Defense in the most recent report submitted under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note) as a Chinese military company; and
(2) included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury.
(c) Waiver.--The Secretary of Defense may, for periods not to exceed 180 days, waive the application of the prohibition in subsection (a) for an individual if the Secretary certifies to the congressional defense committees that doing so is in the national security interest of the United States.
(d) Definitions.--In this section:
(1) The term "congressional defense committees" has the meaning given the term in section 101(a) of title 10, United States Code.
(2) The term "lobbying activities" has the meaning given such term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).
(3) The term "lobbying contact" has the meaning given such term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), except that clause (iv) of paragraph (8)(B)(iv) of such section shall not apply.
Amendment No. 240 Offered by Ms. Plaskett of Virgin Islands
Add at the end of subtitle F of title XXVIII the following new section:
SEC. 28__. FORWARD OPERATING BASE READINESS ASSESSMENT, ST.
CROIX.
The Secretary of Defense to assess the feasibility of using appropriate facilities on the island of St. Croix as a forward operating base for the Army, the Air Force, and the Marine Corps.
Amendment No. 241 Offered by Ms. Plaskett of Virgin Islands
Add at the end of subtitle F of title XXVIII the following new section:
SEC. 28__. FORWARD OPERATING BASE READINESS ASSESSMENT, ST.
THOMAS.
The Secretary of Defense to assess the feasibility of using appropriate facilities on the island of St. Thomas as a forward operating base for the Navy.
At the end of subtitle C of title XVI, add the following new section:
SEC. 16__. EXTENSION OF ANNUAL ASSESSMENT OF CYBER RESILIENCE
OF NUCLEAR COMMAND AND CONTROL SYSTEM.
Section 499(e) of title 10, United States Code, is amended by striking "December 31, 2032" and inserting "December 31, 2035".
At the end of subtitle F of title VI, add the following new section:
SEC. 6__. DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND:
PAYMENT OF RETIRED PAY FOR ALL MEMBERS OF THE
UNIFORMED SERVICES.
(a) In General.--Section 1463 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking "retired lists" and all that follows through "Space Force" and inserting "retired lists of the uniformed services";
(2) in paragraph (2), by striking "armed forces" and inserting "uniformed services"; and
(3) in paragraph (4)--
(A) by striking "Department of Defense and the Department of Homeland Security" and inserting "Departments of Defense, Homeland Security, Commerce, and Health and Human Services";
(B) by striking "armed forces" and inserting "uniformed services";
(C) by striking "and section" and inserting "section"; and
(D) by inserting ", subtitle C of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041 et seq.), and section 229 of the Social Security Act (42 U.S.C. 429)" after "Public Law 96-402".
(b) Conforming Amendments.--
(1) Fund purpose; definition.--Section 1461 of such title is amended--
(A) in subsection (a), by striking "the Department of Defense and the Coast Guard" and inserting "the uniformed services"; and
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking "armed forces" and inserting "uniformed services"; and
(II) by striking "; and" and inserting a semicolon;
(ii) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following new paragraphs:
"(4) a program under subtitle C of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041 et seq.); and
"(5) a program under section 211 or 221 of the Public Health Service Act (42 U.S.C. 212, 213a).".
(2) Determination of contributions to the fund.--Section 1465 of such title is amended--
(A) in subsection (a), by adding at the end the following new paragraph:
"(3) Not later than January 1, 2027, the Board of Actuaries, in consultation with the Secretaries of the departments specified in section 1463(a)(4) of this title, shall determine the amount that is the value on the date of such determination of future benefits payable from the Fund that are attributable to service in the commissioned corps of the National Oceanic and Atmospheric Administration and of the Public Health Service performed before such date. That amount is the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability of the Fund. The Board shall determine the period of time over which the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period.
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Contributions to the Fund for the liquidation of the original National Oceanic and Atmospheric Administration and Public Health Service unfunded liability in accordance with such schedule shall be made as provided in section 1466(b) of this title.";
(B) in subsection (b)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A)--
(aa) by striking "Secretary of the department in which the Coast Guard is operating" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title"; and
(bb) by striking "Department of Defense and Coast Guard" and inserting "uniformed services";
(II) in subparagraph (A)(ii), by striking "Armed Forces" and inserting "uniformed services"; and
(III) in subparagraph (B)(ii), by striking "armed forces" and inserting "uniformed services";
(ii) in paragraph (2), by inserting ", the Department of Health and Human Services Retirement Pay account for Commissioned officers, and the Department of Commerce NOAA Corps Retirement Pay account for Commissioned officers" after "Coast Guard Retired Pay account"; and
(iii) in paragraph (3), by striking "Department of Defense and Coast Guard";
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking "Secretary of the department in which the Coast Guard is operating" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title";
(II) in subparagraph (A), by striking "Armed Forces" and inserting "uniformed services"; and
(III) in subparagraph (B), by striking "armed forces" and inserting "uniformed services"; and
(ii) in paragraphs (2) and (3), by striking "Secretary of the department in which the Coast Guard is operating" both places it appears and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title"; and
(D) in subsection (e), by striking "The Secretary of Defense and, with regard to the Coast Guard, the Secretary of the department in which the Coast Guard is operating shall" and inserting "The Secretary of a department specified in section 1463(a)(4) of this title shall, with regard to the respective department".
(3) Payments into the fund.--Section 1466 of such title is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1)--
(I) by striking "Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title"; and
(II) by striking "the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating" and inserting "such Secretaries";
(ii) in paragraph (1)(B), by inserting ", the commissioned corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service" after "Coast Guard"; and
(iii) in paragraph (2)(B), by striking "armed forces" and inserting "uniformed services";
(B) in subsection (b)--
(i) in paragraph (1), by striking "armed forces under the jurisdiction of the Secretary of a military department" and inserting "uniformed services"; and
(ii) in paragraph (2), by striking "Coast Guard" and inserting "Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, or the Commissioned Corps of the Public Health Service"; and
(C) in subsection (c)--
(i) in paragraph (1), by striking "Secretary of Defense" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title of this title";
(ii) in paragraph (2)(A), by striking "the Department of Defense and the Coast Guard" and inserting "each uniformed service"; and
(iii) in paragraph (3), by striking "Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating" and inserting "Secretaries of the departments specified in section 1463(a)(4) of this title".
(4) Retired serviceman's family protection plan.--Subchapter I of chapter 73 of title 10, United States Code, is amended--
(A) in section 1444(a), by striking "armed forces, the National Oceanic and Atmospheric Administration, and the Public Health Service" and inserting "uniformed services";
(B) by striking "armed forces" each place it appears and inserting "uniformed services";
(C) by striking "an armed force" both places it appears and inserting "a uniformed service";
(D) by striking "armed force" each place it appears and inserting "uniformed service"; and
(E) in the headings to sections 1431 and 1432 by striking "armed forces" both places it appears and inserting "uniformed services".
(5) Survivor benefit plan.--Section 1449(a) of title 10, United States Code, is amended by striking "armed force" and inserting "uniformed service".
(6) National oceanic and atmospheric administration commissioned officer corps act of 2002.--Section 261(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (Public Law 107-372; 33 U.S.C. 3071) is amended--
(A) by redesignating paragraphs (21) through (27) as paragraphs (22) through (28), respectively; and
(B) by inserting, after paragraph (20), the following new paragraph (21):
"(21) Chapter 74, relating to the Department of Defense Military Retirement Fund.".
(7) Public health service act.--Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) is amended--
(A) by redesignating paragraphs (6) through (21) as paragraphs (7) through (22), respectively; and
(B) by inserting, after paragraph (5), the following new paragraph (6):
"(6) Chapter 74, Department of Defense Military Retirement Fund.".
At the end of subtitle B of title I, add the following new section:
SEC. 1__. MINIMUM INVENTORY REQUIREMENT FOR STRYKER A1 COMBAT
VEHICLES.
(a) Minimum Inventory Requirement.--During the period beginning on the date of the enactment of this Act and ending on December 31, 2030, the Secretary of the Army shall ensure that the Army maintains a minimum inventory of not fewer than 1,524 deployable Stryker DVH A1 combat vehicles in its Stryker Brigade Combat Teams.
(b) Exception.--The requirement under subsection (a) shall not apply to individual Stryker DVH A1 combat vehicles that the Secretary of the Army determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of accidents, mishaps, or excessive material degradation.
At the end of subtitle E of title X, add the following new section:
SEC. 10__. REPORT ON RED FLAGS MISSED IN FRAUD SCHEME
PERPETRATED BY JANET YAMANAKA MELLO.
(a) Report Required.--Not later than one year after the date of the enactment of this
Act, the Secretary of War shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the fraud scheme perpetrated by Janet Yamanaka Mello, a civilian employee of the Department of the Army, who was indicted and pleaded guilty to stealing over $100,000,000 in 4-H Military Partnership Grant program funds.
(b) Contents of Report.--The report required under subsection (a) shall include each of the following:
(1) A description of the breakdown in the supervision of Mello, including any failures of management or oversight that contributed to the ability of Mello to carry out the fraud scheme undetected.
(2) A description of the breakdown in accountability with respect to the loss of the stolen funds, including any failures to ensure that such funds were actually being spent for the purposes for which such funds were intended.
(3) A description of the failure to ensure that financial program managers, such as Mello, are not able to funnel Government funds to themselves or their own entities.
(4) An identification of any other red flags or warning signs that were missed or ignored by employees of the Department of War, including any instances of whistleblower retaliation or suppression of concerns.
(5) An assessment of the policies and procedures of the Department of War and Department of the Army, as of the date of the enactment of this Act, designed to prevent employees from perpetrating similar fraud schemes in the future.
(6) Recommendations for improvements to the policies, procedures, and oversight of the Department of War and Department of the Army to prevent employees from perpetrating similar fraud schemes in the future.
(7) A description of any disciplinary or administrative actions taken against any individuals or entities found to have contributed to the ability of Mello to carry out the fraud scheme.
(8) A description of any changes made, or planned to be made, to the financial management and oversight processes of the Department of War and the Department of the Army as a result of the fraud scheme perpetrated by Mello.
(9) An assessment of the effects of the fraud scheme perpetrated by Mello on the programs and operations of the Department of War and the Department of the Army.
(10) Any other information the Secretary of War determines relevant to understanding the fraud scheme perpetrated by Mello and preventing employees from perpetrating similar fraud schemes in the future.
(c) Public Availability.--The Secretary of War shall make the report required under subsection (a) publicly available on an appropriate website of the Department of War.
At the end of subtitle E of title VIII, add the following new section:
SEC. 8__. OVERSIGHT OF DEPARTMENT OF DEFENSE COMPLIANCE WITH
CERTAIN REQUIREMENTS FOR DOMESTIC FOOD SUPPLY
CHAINS.
(a) Audits.--Not later than 90 days after the date of the enactment of this Act, and on a quarterly basis thereafter, the Inspector General of the Department of Defense shall conduct an audit to determine the extent of compliance with the requirements of section 4862 of title 10, United States Code, with respect to the procurement of items described in subsection (b)(1)(A) of such section.
(b) Reports to Congress.--Not later than 60 days after the conclusion of each audit under subsection (a), the Inspector General shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of such audit.
At the end of subtitle B of title X, add the following new section:
SEC. 10__. CONVEYANCE OF CERTAIN RETIRED NAVAL VESSELS TO
STATE OF FLORIDA FOR USE AS OFFSHORE REEFS.
(a) Conveyance.--Not later than one year after the date of the enactment of this Act, the Secretary of the Navy shall convey to the State of Florida all right, title, and interest of the United States in and to--
(1) the U.S.S. Underwood (FFG-36), or another similar vessel from the OLIVER HAZARD PERRY-class guided missile frigates that the Secretary of the Navy has classified as "stricken";
(2) a decommissioned TICONDEROGA-class guided-missile cruiser that the Secretary of the Navy has classified as "stricken";
(3) the U.S.S. Freedom (LCS-1), the U.S.S. Independence (LCS-2), or another decommissioned littoral combat ship that the Secretary of the Navy has classified as "stricken"; or
(4) the U.S.S. Fort McHenry (LSD-43) or another similar vessel from the WHIDBEY ISLAND-class dock landing ship that the Secretary of the Navy has classified as "stricken".
(b) Condition of Conveyance.--Any conveyance of a vessel under subsection (a) shall be subject to the condition that the State of Florida sink such vessel for use as an offshore artificial reef.
(c) Conveyance at No Cost to United States.--Any conveyance of a vessel under subsection (a) shall be made at no cost to the United States. The full cost of such conveyance shall be borne by the State of Florida.
(d) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with a conveyance of a vessel under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
At the end of subtitle D of title III, add the following new section:
SEC.
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3__. STUDY AND REPORT ON USE OF NEXT-GENERATION
GEOTHERMAL TECHNOLOGIES TO SUPPORT ENERGY
CAPABILITIES OF THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall carry out a study to evaluate the potential and feasibility of implementing next-generation geothermal technologies to meet the power needs of the Department of Defense and strengthen national security.
(b) Elements.--The study under subsection (a) shall evaluate--
(1) the potential for next-generation geothermal technologies to be used to meet energy resilience requirements under section 2920 of title 10, United States Code;
(2) the long-term cost of increasing the use of next-generation geothermal technologies to meet Department of Defense power needs, including cost estimates for--
(A) point-of-use power production;
(B) reduced transmission requirements;
(C) reduced reliance on fuel costs; and
(D) reduced reliance on fuel delivery; and
(3) how next-generation geothermal technologies may be used to--
(A) provide district heating and cooling for military quarters, hospitals, or other relevant facilities of the Department of Defense;
(B) reduce exposure of the military departments to cybersecurity threats;
(C) reduce the reliance of the military departments on vulnerable supply chains; and
(D) improve natural disaster resiliency on military installations and in areas in geographic proximity to military installations.
(c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes the results of the study under subsection (a).
At the end of subtitle C of title VII, add the following new section:
SEC. 7__. ASSESSMENT OF NONINVASIVE FOCUSED ULTRASOUND
TECHNOLOGIES.
The Secretary of Defense shall conduct an assessment of applications of noninvasive focused ultrasound technologies, including histotripsy, within the military health system, including an examination of--
(1) opportunities to use such technologies to improve outcomes and reduce recovery times; and
(2) the effect of the use of such technologies on military readiness.
At the end of subtitle B of title X, add the following new section:
SEC. 10__. STUDY TO EVALUATE ALTERNATIVE MATERIALS AND
EMERGING HULL TECHNOLOGIES WITH RESPECT TO
NAVAL VESSELS.
(a) Study.--The Secretary of Defense shall conduct a study to evaluate the use of alternative materials and emerging hull technologies with respect to naval vessels, which shall include a determination of whether any such materials or technologies improve--
(1) durability;
(2) fuel efficiency;
(3) operational readiness; or
(4) resilience against extreme weather conditions.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report detailing the results of the study conducted under subsection (a).
Add at the end of title XI of division A the following:
SEC. 11__. REPORT ON WORKFORCE SHORTAGES AMONG AVIATION
MAINTENANCE TECHNICIANS SUPPORTING MILITARY
AIRCRAFT AND MAINTENANCE.
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess workforce shortages among aviation maintenance technicians supporting military aircraft and maintenance and submit a report on such assessment to the congressional defense committees.
Page 952, after line 25, insert the following new section:
SEC. 10__ STUDY ON TOOL AND DIE CASTING INDUSTRY.
The Secretary of Defense shall conduct a study assessing the condition of the tool and die casting industry in the United States during fiscal year 2026, including--
(1) how many tool and die casting facilities in the United States opened during such fiscal year;
(2) how many such facilities closed during such fiscal year;
(3) the economic impact of the tool and die casting industry in the United States;
(4) any shortage in the tool and die casting workforce in the United States;
(5) development opportunities for such workforce; and
(6) other opportunities to increase tool and die casting capabilities in the United States.
At the end of subtitle C of title VII, add the following:
SEC. 7___. STUDY ON USE OF ROUTINE NEUROIMAGING MODALITIES IN
DIAGNOSIS, TREATMENT, AND PREVENTION OF BRAIN
INJURY DUE TO BLAST PRESSURE EXPOSURE DURING
COMBAT AND TRAINING.
(a) In General.--The Secretary of Defense shall conduct a study on the feasibility and effectiveness of the use of routine neuroimaging modalities in the diagnosis, treatment, and prevention of brain injury among members of the Armed Forces due to one or more blast pressure exposures during combat and training.
(b) Reports.--
(1) Interim report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report on the methods and action plan for the study under subsection (a).
(2) Final report.--Not later than two years after the date on which the Secretary begins the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of such study.
At the end of subtitle C of title XXVIII, add the following new section:
SEC. 28__. STUDY ON CONSTRUCTION OF CHILD DEVELOPMENT
CENTERS.
The Secretary of Defense shall submit to the congressional defense committees a recommendation for a strategy for military construction projects for a sufficient number of child development centers (as defined in section 2871 of title 10, United States Code) as necessary to eliminate wait lists for members of the Armed Forces seeking childcare at such child development centers.
At the end of subtitle A of title X, insert the following:
SEC. 10__. USE OF TECHNOLOGY USING ARTIFICIAL INTELLIGENCE TO
FACILITATE AUDIT OF THE FINANCIAL STATEMENTS OF
THE DEPARTMENT OF DEFENSE FOR FISCAL YEAR 2026.
(a) Use of AI Technology for Audits.--The Secretary of Defense, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force shall encourage, to the greatest extent practicable, the use of technology that uses artificial intelligence or machine learning for the purpose of facilitating audits of the financial statements of the Department of Defense.
(b) Implementation of AI Technology for Audits.--The Director of the Chief Digital and Artificial Intelligence Office of the Department, in coordination with the Under Secretary of Defense for Research and Engineering and the Inspector General of the Department, shall oversee the adoption of artificial intelligence and machine learning technologies in support of financial management and enterprise business operations.
amendment no. 256 offered by mr. austin scott of georgia
In title XVI, add at the end the following new subtitle:
Subtitle F--Matters Relating to Adversary Supply Chains
SEC. 16__. STRATEGY FOR DISRUPTION OF ADVERSARY DEFENSE-
INDUSTRIAL SUPPLY CHAINS.
(a) Strategy Required.--Not later than March 1, 2027, and annually after through March 1, 2032, the Secretary of Defense shall submit to the congressional defense committees and the congressional intelligence committees a strategy for identifying and disrupting foreign supply chains supporting the defense-industrial production capacity of peer adversaries.
(b) Elements.--The strategy required by subsection (a) shall include the following:
(1) Identification of critical foreign dependencies supporting the production by such adversaries of threat systems, including--
(A) artillery systems;
(B) ammunition;
(C) missile systems;
(D) armored vehicle systems;
(E) Command, Control, Communications, Computers, Cyber, Intelligence, Surveillance, Reconnaissance, and Targeting (C5ISRT) systems;
(F) chemical and biological weapons of mass destruction (CBWMD) systems;
(G) advanced kinetic and non-kinetic weapon systems; and
(H) unmanned systems.
(2) An assessment of vulnerabilities associated with reliance by such adversaries on goods and infrastructure, including--
(A) imported raw materials;
(B) specialized metallurgy;
(C) precision machine tools;
(D) artificial intelligence enablers;
(E) energy infrastructure;
(F) big data analytics;
(G) propellant precursors; and
(H) transportation infrastructure.
(3) An identification of opportunities for coordination with allies and partners regarding disruption of adversary supply chains, including--
(A) export controls;
(B) supply-chain monitoring;
(C) sanctions enforcement; and
(D) industrial security cooperation.
(4) Recommendations for improving the support provided by the Department of Defense to interagency efforts to monitor and disrupt adversary defense-industrial supply chains.
SEC. 16__. DEFENSE INDUSTRIAL INTELLIGENCE INTEGRATION CELL.
(a) Establishment.--The Director of the Defense Intelligence Agency shall establish a Defense Industrial Intelligence Integration Cell (in this section referred to as the "Cell").
(b) Duties.--The duties performed by the Cell shall include--
(1) mapping the defense-industrial supply chains of adversaries;
(2) assessing vulnerabilities within the military production networks of adversaries;
(3) supporting operational planning of the combatant commands relating to industrial disruption;
(4) supporting interagency analysis of export controls and sanctions; and
(5) assessing foreign dependency risks associated with adversary weapons production.
(c) Coordination.--The Cell shall coordinate with entities including--
(1) the Office of Foreign Assets Control of the Department of the Treasury;
(2) the Bureau of Industry and Security of the Department of Commerce;
(3) the Defense Technology Security Administration;
(4) the National Geospatial-Intelligence Agency;
(5) the Department of State;
(6) the Department of Energy;
(7) the Federal Bureau of Investigation; and
(8) appropriate allied and partner intelligence organizations.
SEC. 16__. ASSESSMENT OF ADVERSARY ARTILLERY AND MUNITIONS
PRODUCTION CAPACITY.
(a) Assessment Required.--Not later than March 1, 2027, and annually thereafter through March 1, 2032, the Secretary of Defense shall submit to the congressional defense committees a report assessing the production capacity and capabilities of adversary artillery, long-range strike systems, unmanned aerial systems, and missile systems.
(b) Elements.--The assessment required by subsection (a) shall include--
(1) estimated annual production capacity for artillery systems, ammunition, and long range strike systems;
(2) assessment of adversary barrel replacement capacity;
(3) identification of foreign material dependencies associated with artillery and long-range strike system production;
(4) assessment of transportation and logistics constraints affecting production and distribution; and
(5) implications for United States and allied operational planning.
amendment no. 257 offered by mr. austin scott of georgia
Add at the end of subtitle B of title XVI the following new section:
SEC. 16__. PROTECTION OF IDENTITIES OF CERTAIN MEMBERS OF THE
ARMED FORCES WHO ARE SPECIAL OPERATORS OR
PERFORM SENSITIVE ACTIVITIES.
(a) Criminal Penalty.--Section 601 of the National Security Act of 1947 (50 U.S.C.
Text printed in the Record (11,524 characters)
3121) is amended as follows:
(1) In subsection (a)--
(A) by striking "a covert agent" and inserting "a covert agent or protected defense individual";
(B) by striking "identifying such covert agent" and inserting "identifying such covert agent or such protected defense individual";
(C) by striking "identifies such covert agent" and inserting "identifies such covert agent or such protected defense individual"; and
(D) by inserting after "United States," the following: "or that the United States is taking affirmative measures to conceal such individual's service in a sensitive unit or participation in a Department of Defense sensitive activity,".
(2) In subsection (b)--
(A) by striking "a covert agent and" and inserting "a covert agent or protected defense individual and";
(B) by striking "identifying such covert agent" and inserting "identifying such covert agent or such protected defense individual";
(C) by striking "identifies such covert agent" and inserting "identifies such covert agent or such protected defense individual"; and
(D) by inserting after "United States," the following: "or that the United States is taking affirmative measures to conceal such protected defense individual's service in a sensitive unit or participation in a Department of Defense sensitive activity,".
(3) In subsection (c)--
(A) by striking "covert agents" and inserting "covert agents or protected defense individuals";
(B) by striking "as a covert agent" and inserting "as a covert agent or protected defense individual"; and
(C) by inserting after "to the United States," the following: "or that the United
States is taking affirmative measures to conceal such individual's service in a sensitive unit or participation in a Department of Defense sensitive activity,".
(b) Defenses and Exceptions.--Section 602 of such Act (50 U.S.C. 3122) is amended--
(1) in subsection (a)--
(A) by striking "It is a defense to a prosecution under section 601" and inserting "(1) With respect to a prosecution under section 601 relating to the identity of a covert agent, it is a defense"; and
(B) by adding at the end the following new paragraph:
"(2) With respect to a prosecution under section 601 relating to the identity of a protected defense individual, it is a defense before the commission of the offense with which the defendant is charged, the United States had publicly acknowledged or revealed that the individual, in the course of serving in the Armed Forces, served in a sensitive unit or participated in a Department of Defense sensitive activity.";
(2) in subsection (b), by inserting "or protected defense individuals" after "covert agents"; and
(3) in subsection (d), by inserting after "to disclose information that solely identifies himself as a covert agent" the following: "or as an individual who, in the course of serving in the Armed Forces or being employed by the Department of Defense, served in a sensitive unit or participated in a Department of Defense sensitive activity".
(c) Definitions.--Section 605 of such Act (50 U.S.C. 3126) is amended by adding at the end the following new paragraphs:
"(11) The term `protected defense individual' means the following:
"(A) A member of the special operations forces of the Armed Forces serving in a sensitive unit.
"(B) A member of the Armed Forces or civilian personnel of the Department of Defense who is serving in a sensitive unit or who participates in a sensitive activity.
"(12) The term `sensitive activity' has the meaning given the term `Department of Defense sensitive activity' in section 130g of title 10, United States.
"(13) The term `sensitive unit' has the meaning given that term in section 130b of title 10, United States Code.".
(d) Clerical Amendment.--Section 601 of the National Security Act of 1947 (50 U.S.C. 3121) is amended in the heading by adding at the end the following: ", and certain other individuals" (and by conforming the table of contents at the beginning of such Act accordingly).
amendment no. 258 offered by mr. austin scott of georgia
Add at the end of subtitle E of title XVIII, the following new section:
SEC. 18__. ESTABLISHMENT OF SCHEDULE V FOR VETERAN EMPLOYMENT
REPORTING BY DEFENSE CONTRACTORS.
Chapter 367 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 4755. Schedule V for veteran employment reporting by
defense contractors
"(a) Establishment.--The Secretary of Defense shall develop and implement a standardized disclosure schedule, to be known as `Schedule V', to be included in the terms of award of any contract, subcontract, or grant--
"(1) where the estimated annual value of such contract, subcontract, or grant is greater than or equal to $20,000,000; or
"(2) if the awardee of such contract, subcontract, or grant has an average annual revenue greater than or equal to $1,000,000,000.
"(b) Disclosure Requirements.--An awardee of a contract, subcontract, or grant described in subsection (a) shall, on an annual basis, disclose on Schedule V veteran employment and retention date, including--
"(1) the number of veterans hired annually for the previous three years;
"(2) the number of those veterans retained 12 and 24 months after initial hire date; and
"(3) a summary of the awardee's veteran retention initiatives, if any.
"(c) Subcontracting and Indirect Vendors.--The Secretary shall ensure Schedule V requirements apply, to the greatest extent practicable, to an indirect supplier or subcontractor of an awardee, where such supplier or subcontractor is performing a work under the awardee's contract, subcontract, or grant with estimated annual value greater than or equal to $20,000,000 or with an average annual revenue greater than or equal to $1,000,000,000.
"(d) Public Accessibility.--The disclosures required under subsection (c) shall be submitted to the relevant contracting officer or grant officer and made publicly available through the Federal Procurement Data System or another centralized Government database designated by the Secretary.
"(e) Implementation.--The Secretary shall issue regulations to implement this section not later than one year after the date of the enactment of this section. These regulations may include exemptions for small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)) and flexibilities for pilot implementation of the requirements of this section.".
amendment no. 259 offered by mr. austin scott of georgia
At the end of subtitle B of title IV, add the following new section:
SEC. 4__. REMOVAL OF END STRENGTH LIMITATION FOR NATIONAL
GUARD SUPPORT FOR COUNTERDRUG ACTIVITIES.
Section 112 of title 32, United States Code, is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively.
amendment no. 260 offered by mr. austin scott of georgia
Page 278, after line 11, insert the following new section:
SEC. 5__. CONTINUATION IN OFFICE OF VICE CHIEF OF THE
NATIONAL GUARD BUREAU WHEN NECESSARY TO ENSURE
LEADERSHIP CONTINUITY.
(a) Extension of Term When Position of Chief of the National Guard Bureau Is Vacant.--Section 10505(a)(3) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking "subparagraph (B)" and inserting "subparagraphs (B) and (C)"; and
(2) by adding at the end the following new subparagraph:
"(C) If upon the date on which the term of the Vice Chief of the National Guard Bureau would otherwise expire the position of Chief of the National Guard Bureau is vacant and a replacement for the position of Vice Chief of the National Guard Bureau has not been confirmed by the Senate, the term of the Vice Chief of the National Guard Bureau shall be extended until the date on which the Senate has confirmed a nominee for either position.".
(b) Inclusion as a Member of the Joint Requirements Oversight Council.--Section 181 of such title is amended--
(1) in subsection (c)(1), by adding at the end the following new subparagraph:
"(G) The Vice Chief of the National Guard Bureau."; and
(2) in subsection (d), by striking paragraph (4).
amendment no. 261 offered by mr. austin scott of georgia
At the end of title IX, add the following:
SEC. 9__. COAST GUARD INPUT TO THE JOINT REQUIREMENTS
OVERSIGHT COUNCIL.
Section 181(d) of title 10, United States Code, is amended by adding at the end the following new paragraph:
"(6) Input from commandant of coast guard.--The Council shall seek, and strongly consider, the views of the Commandant of the Coast Guard regarding Coast Guard capabilities in support of national defense.".
amendment no. 262 offered by mr. austin scott of georgia
At the end of subtitle D of title X, add the following new section:
SEC. 10__. AUTHORITY TO MAINTAIN DEPARTMENT OF THE NAVY
LIBRARY.
Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section:
"Sec. 8030. Department of the Navy: library
"(a) Authority.--The Secretary of the Navy may maintain in the Department of the Navy a library as a centralized institution dedicated to preserving, curating, and providing access to historical records, technical documents, and educational resources pertinent to the mission and heritage of the Department of the Navy.
"(b) Mission.--The mission of a library maintained under this section shall include the following:
"(1) Collecting and preserving naval historical records, manuscripts, artifacts, and publications.
"(2) Supporting research, education, and training for historians, the general public, and personnel of the Department of the Navy.
"(3) Enhancing the institutional knowledge and operational readiness of the Department of the Navy through access to technical, strategic, operational, and doctrinal resources.
"(4) Promoting public understanding of the contributions of the Navy and Marine Corps to national defense and maritime history.
"(5) Supporting such other missions, functions, activities, and requirements of the Department of the Navy as the Secretary of the Navy considers appropriate.".
amendment no. 263 offered by mr. austin scott of georgia
At the end of subtitle B of title X, insert the following new section:
SEC. 10__. SENSE OF CONGRESS REGARDING NAMING AN AIRCRAFT
CARRIER AFTER THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) The first USS United States was one of the original six frigates authorized by the Naval Act of 1794, launched in 1797. It saw action in the Quasi-War with France and the War of 1812.
(2) In addition to the frigate, there was a proposed Civil War ironclad that never got built, and the aircraft carrier USS United States (CVA-58) was canceled in 1949.
(b) Sense of Congress.--It is the sense of Congress that the Secretary of the Navy should name an aircraft carrier USS United States.
amendment no. 264 offered by mr. austin scott of georgia
At the end of title IX, add the following:
SEC. 9__. ELIGIBILITY OF CHIEF OF THE NATIONAL GUARD BUREAU
FOR APPOINTMENT AS CHAIRMAN OF THE JOINT CHIEFS
OF STAFF.
Section 152(b)(1)(B) of title 10, United States Code, as amended by section 902 of
this title, is further amended by striking "or the Commandant of the Coast Guard" and inserting "the Commandant of the Coast Guard, or the Chief of the National Guard Bureau".
amendment no. 265 offered by mr. austin scott of georgia
At the end of subtitle B of title VI, add the following new section:
SEC. 6__.
Text printed in the Record (815 characters)
PROHIBITION ON CHARGING MEMBERS OF THE ARMED FORCES
FOR MEALS WHILE SERVING ON NAVAL VESSELS.
(a) In General.--Section 402 of title 37, United States Code, is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new subsection:
"(j) Prohibition on Charging Members of the Armed Forces for Meals While Serving on Naval Vessels.--A member of the armed forces assigned to duty on a naval vessel of the United States shall not be required to pay any charge for meals provided to the member while the vessel is underway or deployed from the homeport of the vessel.".
(b) Effective Date.--The amendments made by subsection (a) shall take effect on October 1, 2026, and apply to meals provided to a member of the Armed Forces on or after that date.
Text printed in the Record (57 characters)
Amendments En Bloc No. 5 Offered by Mr. Rogers of Alabama
The Acting CHAIR12:10 p.m.
The Clerk will designate the amendments en bloc.
Amendments en bloc No. 5 consisting of amendment Nos. 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 317, 318, 319, and 320 printed in part A of House Report 119-755, offered by Mr. Rogers of Alabama:
Text printed in the Record (11,965 characters)
amendment no. 266 offered by mr. austin scott of georgia
Add at the end of subtitle G of title XXVIII, the following new section:
SEC. 28__. REPORT ON BIOLOGICAL READINESS OF MILITARY
INSTALLATIONS UNDER THE JURISDICTION OF THE
SECRETARY OF THE ARMY.
(a) Report Required.--Not later than March 31, 2027, the commanding officer of the United States Army Installation Management Command shall submit to the congressional defense committees a report on the readiness of military installations under the jurisdiction of the Secretary of the Army to detect, respond to, mitigate, and sustain operations during biological threat conditions.
(b) Elements.--The report shall include--
(1) an assessment of current biological detection, warning, mitigation, emergency response, and continuity-of-operations capabilities at military installations under the jurisdiction of the Secretary of the Army;
(2) an assessment of the extent to which biological resilience has been incorporated into installation readiness, force protection, emergency management, continuity-of-operations, and facility operations plans;
(3) an assessment of capability gaps, resource constraints, policy barriers, and acquisition challenges affecting installation biological readiness;
(4) an assessment of opportunities to employ commercial and other mature technologies, including air monitoring, filtration, treatment, detection, and facility-level warning systems, to improve biological security and resilience; and
(5) a five-year implementation and budget plan for improving biological readiness across military installations under the jurisdiction of the Secretary of the Army, including consideration of ASHRAE Standard 241 titled "Control of Infectious Aerosols" and related commercial best practices.
(c) Form.--The report shall be submitted in both classified and unclassified forms.
amendment no. 267 offered by mr. austin scott of georgia
In title XV, subtitle A, add at the end the following new section:
SEC. 15__. REPORT ON INTEGRATION OF COMMERCIAL CYBER
CAPABILITIES INTO THE JOINT CYBER WARFIGHTING
ARCHITECTURE.
(a) Report Required.--Not later than March 1, 2027, the Assistant Secretary of Defense for Cyber Policy, in coordination with the Commander of the United States Cyber Command, shall submit to the congressional defense committees a report on the integration of commercial cyber capabilities into the Joint Cyber Warfighting Architecture.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) A description of actions taken by United States Cyber Command to incorporate commercial technologies and capabilities into operational cyber activities.
(2) An assessment of the role of commercially developed capabilities, including the PATHFINDER initiative, in supporting targeting, access, operational agility, and other offensive cyber mission requirements.
(3) An assessment of how commercially developed capabilities may complement, enhance, or be integrated into the Joint Cyber Warfighting Architecture.
(4) A description of any challenges, limitations, or barriers to the integration of commercial cyber capabilities into operational cyber architectures and activities.
(5) A detailed accounting of planned funding for commercially developed cyber capabilities, including capabilities associated with the PATHFINDER initiative, across the future-years defense program, identified by appropriation account, budget activity, program element, and, where applicable, project line.
(6) Any recommendations for improving the integration and operational employment of commercially developed cyber capabilities within the Department of Defense.
amendment no. 268 offered by mr. austin scott of georgia
At the end of subtitle D of title XVI, add the following new section:
SEC. 16__. REPORT ON MODERNIZATION OF THE AEGIS ASHORE
MISSILE DEFENSE SITE AT DEVESSELU, ROMANIA.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Commander of the United States European Command shall submit to the congressional defense committees a report on options to modernize the missile defense capabilities of the Aegis Ashore site located in Deveselu, Romania.
(b) Elements.--The report under subsection (a) shall include the following:
(1) An assessment of requirements to improve the capability of the site to defend against advanced ballistic missile threats.
(2) An assessment of requirements to improve the capability of the site to defend against maneuvering and hypersonic missile threats.
(3) An assessment of options for integrating counter-unmanned aircraft systems capabilities.
(4) An assessment of options for advanced sensing, tracking, and command-and-control capabilities.
(5) An assessment of force protection requirements and enhancement options for the site.
(6) An assessment of opportunities to improve integration with regional air and missile defense architectures.
(7) An assessment of opportunities for greater cooperation with Romania relating to infrastructure, logistics, force protection, training, sustainment, and other host-nation support requirements associated with the continued operation and modernization of the site.
(8) An assessment of estimated costs, implementation timelines, and operational benefits associated with any modernization option identified in the report.
(9) Any other matter the Secretary of Defense determines appropriate to improve the effectiveness, survivability, readiness, or interoperability of the Aegis Ashore site.
amendment no. 269 offered by mr. austin scott of georgia
At the end of subtitle D of title V, add the following new section:
SEC. 5__. JOINT SPECIAL OPERATIONS UNIVERSITY.
Chapter 108 of title 10, United States Code, is amended by inserting after section 2165 the following new section:
"Sec. 2166. Joint Special Operations University
"(a) Establishment.--There is a Joint Special Operations University in the Department of Defense.
"(b) Functions.--The Joint Special Operations University shall--
"(1) provide relevant joint special operation-peculiar education programs that strengthen the impact of special operations on the armed forces and the United States;
"(2) provide joint special operation-peculiar staff education and development programs tailored to the needs of joint special operations forces headquarters and commanders;
"(3) provide education and academic enabling programs required for special operations mission and activities for which no solution exists in an armed force to address critical special operations knowledge gaps;
"(4) provide accredited graduate-level programs, professional military education, and specialized short courses for special operations forces of the armed forces and associated personnel;
"(5) conduct and coordinate research and analysis on the full range of special operations activities to inform Department of Defense policy and strategy;
"(6) serve as a hub for collaboration with academic institutions, allied countries, and
interagency partners to advance special operations capabilities;
"(7) provide outreach and education to enhance understanding of special operations roles within the Department of Defense and the Federal Government; and
"(8) provide input to service and joint professional military education institutions to ensure special operations capabilities and activities are incorporated into curricula and courses.
"(c) Administration.--(1) Subject to the authority, direction, and control of the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict, the Commander of United States Special Operations Command shall oversee the Joint Special Operations University.
"(2) The Commander of United States Special Operations Command shall appoint a President of the Joint Special Operations University, who shall be a senior officer of the armed forces or a civilian with expertise in special operations and education, to manage the operations and academic programs of the Joint Special Operations University.".
amendment no. 270 offered by mr. austin scott of georgia
At the end of subtitle E of title X, add the following new section:
SEC. 10__. NAVAL CONSTRUCTION FORCE READINESS AND CONTESTED
LOGISTICS.
(a) In General.--Chapter 807 of title 10, United States Code, is amended by inserting at the end the following:
"Sec. 8064. Naval construction force prepositioned equipment
and readiness requirements
"(a) Requirement.--The Chairman of the Joint Chiefs of Staff shall provide a Report to Congress on Combatant Commander requirements for Naval Construction Force to support contested logistics and expeditionary infrastructure requirements.
"(b) Elements.--The requirement under subsection (a) shall include the following:
"(1) Identification of mission requirements by combatant command.
"(2) Current and future force structure and capability mix.
"(3) Integration with joint logistics, theater opening, and expeditionary basing operations.
"(4) Infrastructure and equipment requirements.
"(5) Identified capability gaps.
"Sec. 8065. Naval construction force equipment and personnel
readiness requirements
"(a) Requirement.--Not later than March 1, 2027, the Secretary of the Navy shall provide a brief/report to Congress on Naval Construction Force support to combatant commanders, to include:
"(1) Theater-aligned, prepositioned expeditionary construction equipment sets to enable the rapid employment of the Naval Construction Force in support of combatant command operational requirements.
"(2) A comprehensive baseline and recapitalization plan for Civil Engineer Support Equipment and other mission-essential equipment of the Naval Construction Force.
"(3) An assessment of the mobilization readiness of the reserve component of the Naval Construction Force.
"(b) Elements.--The requirement under subsection (a) shall include the following:
"(1) Identification of priority geographic locations for such equipment.
"(2) Equipment configurations necessary to support--
"(A) expeditionary airfield damage repair;
"(B) austere port and waterfront repair;
"(C) fuel, water, and power generation systems; and
"(D) expeditionary basing and logistics node establishment.
"(3) Defined readiness standards, including equipment availability, serviceability, and deployment timelines.
"(4) Integration with strategic mobility and sealift requirements.
"(5) Identification of capability gaps and associated resource requirements.
"(6) Recapitalization and Readiness Metrics--
"(A) inventory age, condition, and service life data;
"(B) mission-capable rates and readiness trends;
"(C) identification of high-risk equipment categories affecting readiness;
"(D) a prioritized recapitalization schedule with cost estimates; and
"(E) identification of supply chain and sustainment risks.
"(7) Reserve Component Mobilization Readiness elements--
"(A) time required to achieve mission-ready status upon mobilization;
"(B) availability of equipment upon activation;
"(C) training equivalency between active and reserve units;
"(D) reliance on cross-leveling of personnel and equipment; and
"(E) barriers to rapid deployment.
"(8) A plan to reduce mobilization timelines and improve readiness.
"(c) Annual Updates.--The Secretary of the Navy shall submit an annual update to the congressional defense committees on--
"(1) the requirements under subsection (a);
"(2) specific shortfalls and associated funding requirements; and
"(3) alignment with Combatant Commander Naval Construction Force requirements.".
(b) Clerical Amendment.--The table of contents for chapter 807 of such title is amended by inserting at the end the following new items:
"8064. Naval construction force prepositioned equipment and readiness requirements. "8065. Naval construction force equipment and personnel readiness requirements.".
amendment no. 271 offered by mr.
Text printed in the Record (9,499 characters)
austin scott of georgia
At the end of subtitle B of title X, add the following new section:
SEC. __. SENSE OF CONGRESS ON NAMING A FUTURE NAVAL VESSEL
USS SHANGRI-LA.
(a) Findings.--Congress finds the following:
(1) The April 18, 1942, Doolittle Raid against the Japanese homeland was one of the most daring and consequential operations of World War II, demonstrating American resolve during a critical period of the war.
(2) Following the raid, President Franklin D. Roosevelt, when asked where the aircraft had originated, famously replied that they had come from "Shangri-La", a reference that helped protect operational security and became permanently associated with the raid and its participants.
(3) The Secretary of the Navy subsequently named the aircraft carrier USS Shangri-La (CV-38), which served with distinction during World War II, the Cold War, and the Vietnam War.
(4) The legacy of the Doolittle Raiders, USS Shangri-La (CV-38), and the generations of sailors and aviators who served aboard that vessel represents an enduring example of courage, innovation, and determination in the defense of the United States.
(b) Sense of Congress.--It is the sense of Congress that the Secretary of the Navy should give favorable consideration to naming a future naval vessel USS Shangri-La in honor of the Doolittle Raiders and the proud service of USS Shangri-La (CV-38).
amendment no. 272 offered by mr. austin scott of georgia
At the end of subtitle D of title XII, insert the following:
SEC. 12__. UNITED STATES-POLAND SPECIAL OPERATIONS
COOPERATION PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish a United States-Poland Special Operations Cooperation Program.
(b) Purpose.--The purpose of the Program shall be to enhance cooperation between the special operations forces of the United States and the Republic of Poland through the development, integration, and exchange of knowledge, doctrine, training, and operational lessons related to--
(1) special operations;
(2) irregular warfare;
(3) unconventional warfare;
(4) support to territorial defense forces;
(5) countering hybrid warfare activities;
(6) operations in contested environments; and
(7) lessons learned from contemporary armed conflicts relevant to such activities.
(c) Activities.--The Program may include the following activities:
(1) Development and dissemination of doctrine, concepts, tactics, techniques, and procedures.
(2) Collection, analysis, and publication of operational lessons learned.
(3) Joint training, seminars, workshops, and professional military education activities.
(4) Operational experimentation and assessments of emerging technologies applicable to special operations missions.
(5) Exchanges of military personnel, instructors, and subject matter experts.
(6) Such other activities as the Secretary of Defense determines necessary to carry out the purposes of the Program.
amendment no. 273 offered by mr. austin scott of georgia
At the end of subtitle D of title XII, insert the following:
SEC. 12__. REPORT ON MOLDOVA AIRSPACE DEFENSE REQUIREMENTS
AND OPTIONS.
(a) Report Required.--Not later than March 1, 2027, the Commander of United States European Command shall submit to the congressional defense committees a report on options to support the development of the territorial airspace awareness and defensive capabilities of the Republic of Moldova using existing Department of Defense security cooperation authorities.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) An assessment of the current air surveillance, counter-unmanned aircraft system, and short-range air defense capabilities of the Republic of Moldova, including identified capability gaps and operational shortfalls.
(2) An assessment of options to improve Moldova's airspace awareness through radar coverage, sensor networks, communications infrastructure, and command-and-control capabilities.
(3) An assessment of training, personnel, sustainment, and institutional requirements associated with potential security cooperation activities to enhance Moldova's airspace awareness and defensive capabilities.
(4) A description of feasible support activities that could be conducted under existing Department of Defense authorities, including section 333 of title 10, United States Code, military exercises, training activities,
the State Partnership Program, and other applicable security cooperation programs.
(5) An assessment of opportunities for coordination with allies and partners to support Moldova's airspace awareness and defensive capabilities.
(6) A description of any additional authorities the Secretary of Defense determines may be necessary to improve support for the development of Moldova's airspace awareness and defensive capabilities.
(c) Form.--The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Amendment No. 274 Offered by Mr. Austin Scott of Georgia
At the end of subtitle B of title I, add the following:
SEC. 1__. MULTIYEAR PROCUREMENT AUTHORITY FOR ARMORED MULTI-
PURPOSE VEHICLES.
(a) Authority for Multiyear Procurement.--Subject to section 3501 of title 10, United States Code, the Secretary of the Army may enter into one or more multiyear contracts, beginning with the fiscal year 2027 program year, for the procurement of armored multipurpose vehicles.
(b) Condition for Out-year Contract Payments.--A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2027 is subject to the availability of appropriations or funds for that purpose for such later fiscal year.
(c) Authority for Advance Procurement.--The Secretary of the Army may enter into one or more contracts, beginning in fiscal year 2028, for advance procurement associated with the vehicles for which authorization to enter into a multiyear procurement contract is provided under subsection (a), which may include procurement of economic order quantities of material and equipment for such vehicles when cost savings are achievable.
Amendment No. 275 Offered by Mr. Austin Scott of Georgia
At the end of subtitle C of title I, add the following new section:
SEC. 1__. MINIMUM INVENTORY OF P-8A POSEIDON AIRCRAFT.
(a) In General.--The Secretary of the Navy shall ensure that the total number of P-8A Poseidon aircraft in the inventory of the Navy is not less than 136 aircraft.
(b) Authority to Increase Planned Procurement.--Beginning on October 1, 2026, the Secretary of the Navy may increase the total planned procurement of P-8A Poseidon aircraft to beyond 136 aircraft.
(c) Limitation.--None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be obligated or expended to retire, divest, transfer to a nonoperational status, place in storage, prepare for retirement, or otherwise reduce the total active inventory of P-8A Poseidon aircraft below the number specified in subsection (a).
(d) Waiver.--The Secretary of Defense may waive the limitation under subsection (c) if the Secretary certifies to the congressional defense committees that--
(1) the reduction is required due to the loss of an aircraft through combat, accident, or other unforeseen circumstance; and
(2) the reduction will not materially degrade the ability of the Navy to conduct maritime patrol, antisubmarine warfare, antisurface warfare, intelligence, surveillance, reconnaissance, and fleet support missions.
Amendment No. 276 Offered by Mr. Austin Scott of Georgia
At the end of subtitle A of title XVII, add the following new section:
SEC. 17__. EXTENSION OF SPECIAL EMERGENCY PROCUREMENT
AUTHORITY TO SPECIAL OPERATIONS PROCUREMENT.
(a) Coverage of Special Operations Forces.--Section 1903 of title 41, United States Code, is amended by adding at the end the following new subsection:
"(d) Special Operations Forces Procurement.--
"(1) In general.--The authorities provided in subsections (b) and (c) apply with respect to a procurement of property or services that are to be used for operations and activities of special operations forces.
"(2) Applicability of overseas thresholds.--For the purposes of this section--
"(A) a contract to be awarded with respect to such a procurement shall be deemed to be awarded and performed outside of the United States; and
"(B) a purchase to be made under such a procurement shall be deemed to be made outside of the United States.
"(3) Definition.--In this subsection, the term `special operations forces' has the meaning given such term in section 167(j) of title 10.".
(b) Conforming Amendment.--Subsection (b) of such section is amended by inserting "or (d)" after "subsection (a)".
Amendment No. 277 Offered by Mr. Austin Scott of Georgia
At the end of subtitle D of title I, add the following new section:
SEC. 1__. LIMITATION ON RETIREMENT OF E-11 BATTLEFIELD
AIRBORNE COMMUNICATIONS NODE AIRCRAFT.
None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2027 for the Department of the Air Force may be obligated or expended to retire, divest, place in storage, transfer to nonoperational status, or prepare for retirement any E-11 Battlefield Airborne Communications Node aircraft.
At the end of subtitle E of title XII, add the following new section:
SEC. 12__.
Text printed in the Record (10,609 characters)
ANNUAL REPORT ON SPACE CAPABILITIES OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter through the date that is three years after the date of submission of the first report under this subsection, the Secretary of Defense and the Secretary of Commerce shall jointly submit to the appropriate congressional committees a report on covered space capabilities of the People's Republic of China.
(b) Form.--Each report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Public Availability.--Not later than the date on which the Secretary of Defense and the Secretary of Commerce submit to the appropriate congressional committees a report under subsection (a), the Secretary of Defense and the Secretary of Commerce shall jointly make the unclassified portion of the report publicly available on websites of the Department of Defense and the Department of Commerce.
(d) Contents.--Each report under subsection (a) shall include the following:
(1) An inventory of covered space capabilities of the People's Republic of China, including a description, to the extent practicable, of capabilities of PRC-affiliated entities relating to the following:
(A) Launch systems, including space launch vehicles, launch sites, and launch support infrastructure.
(B) Satellites and spacecraft, including for--
(i) intelligence, surveillance, and reconnaissance;
(ii) navigation and positioning; and
(iii) communications.
(C) Space stations and human spaceflight capabilities.
(D) Ground systems, including command and control, tracking, telemetry, and data receiving and processing.
(2) An assessment of the readiness of the covered space capabilities described in paragraph (1), including an assessment of operational status, surge capacity, sustainment, resiliency, and the ability to support military and civil missions.
(3) An assessment of counterspace capabilities of the People's Republic of China, including capabilities of PRC-affiliated entities relating to the following:
(A) Kinetic and nonkinetic antisatellite capabilities.
(B) Electronic warfare, including jamming and spoofing.
(C) Cyber capabilities affecting space systems, ground systems, and associated networks.
(D) Rendezvous and proximity operations and other capabilities that could be used to interfere with or degrade the operation of spacecraft.
(4) An assessment of the space industrial base and space-related supply chains of the People's Republic of China, including significant dependencies, chokepoints, and constraints.
(5) An assessment of pathways by which the People's Republic of China and PRC-affiliated entities acquire space-related technology, expertise, components, and services, including through licit and illicit means.
(6) A description of material changes during the one-year period preceding the date of the report in the covered space capabilities, readiness, counterspace capabilities, industrial base, and technology acquisition pathways described in paragraphs (1) through (5).
(7) If the Secretary of Defense and the Secretary of Commerce include a classified annex under subsection (b), such annex shall include additional information the Secretaries determine appropriate, including information necessary to describe capabilities, readiness, or intent with greater specificity, consistent with the protection of sources and methods.
(e) Consultation.--In preparing each report under subsection (a), the Secretary of Defense and the Secretary of Commerce shall consult with the Director of National Intelligence and the heads of other Federal departments and agencies the Secretaries determine appropriate.
(f) Submission of Classified Annex.--The Secretary of Defense and the Secretary of Commerce shall submit any classified annex included with a report under subsection (b) only to the appropriate congressional committees, and shall submit such annex in accordance with applicable congressional and executive branch procedures for the handling of classified information.
(g) Definitions.--In this section:
(1) The term "appropriate congressional committees" means the following:
(A) The Committee on Armed Services of the House of Representatives.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Appropriations of the House of Representatives.
(D) The Committee on Appropriations of the Senate.
(E) The Committee on Science, Space, and Technology of the House of Representatives.
(F) The Committee on Commerce, Science, and Transportation of the Senate.
(2) The term "control" means the power, directly or indirectly, whether exercised or
exercisable, to determine, direct, or decide important matters affecting an entity.
(3) The term "covered space capabilities" means space-related capabilities, systems, infrastructure, or services, whether civil or military, relating to launch, satellites and spacecraft, space stations and human spaceflight, intelligence, surveillance, and reconnaissance, navigation and positioning, communications, or ground systems.
(4) The term "People's Republic of China" includes the Government of the People's Republic of China, the Chinese Communist Party, and the People's Liberation Army.
(5) The term "PRC-affiliated entity" means any entity, wherever organized or operating, that--
(A) is organized under the laws of the People's Republic of China, including the laws of the Hong Kong Special Administrative Region or the Macao Special Administrative Region;
(B) is owned or controlled by one or more PRC persons, the Government of the People's Republic of China, the Chinese Communist Party, or the People's Liberation Army; or
(C) acts on behalf of, at the direction of, or for the benefit of the Government of the People's Republic of China, the Chinese Communist Party, or the People's Liberation Army.
(6) The term "PRC person" means--
(A) a citizen or national of the People's Republic of China;
(B) an entity organized under the laws of the People's Republic of China, including the laws of the Hong Kong Special Administrative Region or the Macao Special Administrative Region; or
(C) an entity owned or controlled by a person described in subparagraph (A) or (B).
Page 806, after line 22, insert the following new subsection:
(a) In General.--Section 1005 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 137 Stat. 379; 10 U.S.C. 240a note) is amended by inserting "and for three consecutive fiscal years thereafter" after "2028".
Page 806, line 23, strike "(a)" and insert "(b)".
Page 807, line 5, strike "(b)" and insert "(c)".
Page 807, line 6, strike "(a)" and insert "(b)".
Page 807, line 11, strike the closing period and insert ", and for three consecutive fiscal years thereafter.".
Page 808, line 5, strike "(c)" and insert "(d)".
Page 808, line 6, strike "(a)" and insert "(b)".
Page 808, line 9, strike "(d)" and insert "(e)".
Page 808, line 10, strike "(a)" and insert "(b)".
At the end of subtitle XXVI, add the following new section:
SEC. 26__. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY
OUT FISCAL YEAR 2022 PROJECT AT SUMPTER SMITH
AIR NATIONAL GUARD BASE, BIRMINGHAM, ALABAMA.
(a) Extension.--Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2161) the authorization set forth in the table in subsection (c), as provided in section 2604 of that Act (135 Stat. 2179), shall remain in effect until October 1, 2028, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2029, whichever is later.
(b) Modification of Project Amounts.--
(1) Project authorization.--The authorization table in section 2604 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117-81; 135 Stat. 2179) is amended in the item relating to Sumpter Smith Air National Guard Base, Alabama, by striking the dollar amount and inserting "$15,000,000".
(2) Funding authorization.--The funding table in section 4601 of the National Defense Authorization Act for Fiscal Year 2022 is amended in the item relating to Sumpter Smith Air National Guard Base, Alabama--
(A) by striking the dollar amount and inserting "$15,000,000"; and
(B) by striking "security and".
(c) Table.--The table referred to in subsection (a) is as follows:
Air National Guard: Extension of 2022 Project Authorization ----------------------------------------------------------------------------------------------------------------
Original
State/Country Installation or Location Project Authorized Amount ----------------------------------------------------------------------------------------------------------------Alabama............................... Sumpter Smith Air National Services Training $7,500,000
Guard Base............... Facility................ ----------------------------------------------------------------------------------------------------------------
Add at the end of subtitle A of title XVI the following new section:
SEC. 16__. GLOBAL POSITIONING SYSTEM MODERNIZATION.
(a) Findings.--Congress finds the following:
(1) The Global Positioning System (in this section referred to as "GPS") is a critical national asset that underpins military operations, civilian infrastructure, and economic activities. While newer satellites are part of the constellation, the GPS constellation still depends on many aging satellites, 15 of which are operating well beyond their design life with limited signal technologies in the older satellites.
(2) Modernizing the GPS Enterprise is an essential national priority to ensure the continued reliability and security of the system in the face of growing threats and aging and delayed GPS infrastructure.
(3) Adversaries are interfering with, jamming, or spoofing GPS signals, posing risks to national defense and public safety. Commercial satellite positioning, navigation, and timing systems can augment and complement GPS operations globally. Terrestrial systems, which depend on ground-based transmitters, can provide signals to receivers within a localized area during disruption despite being more geographically limited.
(4) Rapidly transitioning to more resilient systems like GPS IIIF, to include monitoring and declaring the L5 signal as "healthy" can significantly reduce these vulnerabilities and enhance operational effectiveness.
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A transition plan accounting for both the satellites that transmit positioning, navigation, and timing signals and the ground control and monitoring systems that command and control the constellation and update timing and other data is necessary to avoid capability gaps and ensure continuity of essential services as legacy elements are phased out and new capabilities are fielded.
(5) Federal agency execution delays in updating GPS constellation and infrastructure has slowed progress toward modernization, and successfully executing Space Policy Directive-7 is necessary to align efforts across the government and accelerate the deployment of next-generation GPS capabilities.
(b) Sense of Congress.--It is the sense of Congress that modernizing GPS is a national priority to safeguard military readiness, protect critical infrastructure, and maintain economic competitiveness and the as-yet unimplemented system required by section 312 of title 49, United States Code, remains no less crucial to the protection of United States security and prosperity than when it was mandated in 2018.
(c) Modernized GPS Enterprise.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall accelerate the transition to a modernized GPS Enterprise to enhance the resilience and security of GPS.
(2) Components.--The acceleration of the transition to a modernized GPS Enterprise required by paragraph (1) shall include--
(A) a clear timeline for the development and deployment of a full constellation of 24 GPS IIIF satellites and associated ground control segment upgrades;
(B) a clear timeline for the upgrade of the control segment to meet the needs of the modernized constellation and to mitigate threats, along with a plan to maintain service while the upgrades progress;
(C) prioritization of the L5 signal for civilian and military applications to augment legacy frequencies and provide additional resilience;
(D) coordination with the Secretary of Defense, the Secretary of Transportation, and other heads of relevant departments and agencies of the Federal Government to expedite system upgrades;
(E) strategies developed in coordination with the Secretary of Transportation to further incentivize critical infrastructure assets to mitigate risks associated with GPS signal interference, jamming, and spoofing, including considering the integration of commercial satellite positioning, navigation, and timing systems; and
(F) strategies to accelerate the deployment of military GPS user equipment, Increments 1 and 2, and the integration of new receivers into weapons systems.
(d) Report.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period not to exceed three years, the Secretary of Defense, in coordination with the Secretary of Transportation for commercial uses and with respect to any system required under section 312 of title 49, United States Code, and the protection of critical infrastructure, shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Transportation and Infrastructure
of the House of Representatives a report that includes--
(A) a detailed schedule and assessment of progress made toward transitioning to the modernized GPS and positioning, navigation, and timing enterprise;
(B) an evaluation of interagency coordination efforts, including challenges in implementing system upgrades necessary for such modernization, except spectrum referenced in section 312(d) of title 49, United States Code, associated with LORAN infrastructure necessary for use in any system required in such section 312;
(C) a description of strategies to counter GPS military and civil signal interference, jamming, and spoofing, from state and nonstate actors along with their effectiveness;
(D) funding allocations, expenditures, and any additional resource needs for the Department of Defense and Department of Transportation to meet modernization objectives; and
(E) recommendations for legislative or administrative actions to further encourage critical infrastructure upgrades, modern commercial satellite positioning, navigation, and timing systems, and other efforts to enhance GPS security, reliability, and resilience.
(2) Form.--The report required under paragraph (1) shall be submitted in an unclassified form, but may contain a classified annex.
(e) Applicability.--Nothing in this section with respect to the coordination of spectrum allocation applies to any spectrum referenced in section 312(d) of title 49, United States Code, associated with LORAN infrastructure necessary for use in any system required in section 312.
In title XVIII, subtitle A, add at the end the following new section:
SEC. 18__. FEASIBILITY STUDY ON COMBATANT COMMAND CRITICAL
MINERALS MANAGEMENT.
(a) In General.--The Secretary of Defense shall conduct a study assessing the feasibility of enabling commanders of unified combatant commands to independently identify, acquire, and dispose of critical minerals to enhance operational resilience and decentralized management of resources.
(b) Contents.--The study required by subsection (a) shall include the following: --
(1) An assessment of the feasibility and effectiveness of providing commanders of unified combatant commands authority to independently identify, acquire, and dispose of critical minerals through contracts, cooperative agreements, or other mechanisms to address vulnerabilities in the supply chains for critical minerals.
(2) An assessment of how commanders of unified combatant commands could use the authority described in paragraph (1) to develop and implement plans for the decentralized management of resources for the areas of responsibility of the unified combatant command of the commander, including advantages, challenges, and scalability across the Department of Defense of such decentralized management of resources.
(3) An estimate of the costs associated with providing the authority described in paragraph (1) and potential sources of funds to pay for such costs, including amounts authorized for the Department of Defense or the Combatant Commander Initiative Fund under section 166a of title 10, United States Code, and amounts from the disposal of critical minerals under such authority.
(4) An identification of the risks to the security of the supply chain of critical minerals, operational readiness, and partnerships between the United States and other countries resulting from providing commanders of unified combatant commands the authority described in paragraph (1), and strategies to mitigate such risks.
(5) Specific recommendations on whether to provide the authority described in paragraph (1) under a pilot program or a permanent grant of authority and any necessary changes to law or regulation required to provide such authority in the manner recommended.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees and the Comptroller General of the United States a report on the findings of the study required by subsection (a).
(d) Evaluation.--Not later than 180 days after the date on which the Secretary of Defense submits the report required under subsection (c) to the Comptroller General of the United States, the Comptroller General shall submit to the congressional defense committees a report assessing the findings and recommendations in the report submitted to the Comptroller General under such subsection, including an evaluation of the benefits, risks, and costs of providing commanders of unified combatant commands authority to independently identify, acquire, and dispose of critical minerals.
(e) Definitions.--In this section:
(1) The term "critical mineral" means a mineral designated by the Secretary of Defense as a critical mineral.
(2) The term "unified combatant command" has the meaning given such term in section 161 of title 10, United States Code.
At the end of subtitle E of title X, add the following new section:
SEC. 10__. REVIEW AND REPORT ON UAS ACTIVITY IN THE VICINITY
OF CRITICAL INSTALLATIONS.
(a) In General.--The Inspector General of the Department of Defense shall conduct a review of potential foreign adversary connected unmanned aircraft system (UAS) activity over critical military installations, vessels, aircraft, and the homeland, and other matters.
(b) Report.--Not later than 180 days after the date of the enactment of this Act, the Inspector General shall submit to the relevant committees a report on--
(1) UAS activity over military installations in the United States and abroad;
(2) UAS activity in close proximity to sensitive national security installations;
(3) instances of UAS activity in the vicinity of United States military and law enforcement vessels and aircraft;
(4) the process for deploying counter-UAS systems to assist State and local law enforcement;
(5) instances where the Department of Defense deployed counter-UAS systems to assist State and local law enforcement;
(6) instances where the Department of Defense received requests for counter-UAS assistance from Installation Commanders;
(7) whether the Department of Defense possess appropriate capabilities to supply all installations with counter-UAS technology;
(8) whether Installation Commanders possess the capability and authorities to address UAS incursions to installations and in the immediate vicinity of installations; and
(9) an analysis of near-peer actors who possess the capabilities to conduct such activities.
(c) Definition of Relevant Committee.--In this section, the term "relevant committees" means--
(1) the Committees on Armed Services of the House of Representatives and the Senate;
(2) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Government Affairs of the Senate;
(3) the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate;
(4) the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate;
(5) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate;
(6) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and
(7) the Committee on Oversight and Accountability of the House of Representatives.
(d) Form.--The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Page 279, after line 4, insert the following new section:
SEC. 5__. CHANGE IN EVALUATION CRITERIA FOR OFFICERS:
NOTIFICATION; CONSULTATION.
(a) In General.--Not less than 180 days before the Secretary of Defense changes any criterion used in the evaluation of an officer of a covered Armed Force, the Secretary shall--
(1) submit to the covered committees a written explanation of such proposed change; and
(2) consult, in conversation, with the covered committees regarding such proposed change.
(b) Definitions.--In this section:
(1) The term "covered Armed Force" means the Army, Navy, Marine Corps, Air Force, or Space Force.
(2) The term "covered committees" means the Committees on Armed Services of the Senate and House of Representatives.
At the end of subtitle F of title XVII, add the following new section:
SEC. 18__.
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FUNDING FOR FAN-OUT WAFER LEVEL PACKAGING PROGRAM
OF INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT
PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, line 233, as specified in the corresponding funding table in section 4201, is hereby increased by $10,000,000 for the fan-out wafer level packaging program of the Industrial Base Analysis and Sustainment Program of the Department of Defense.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance Defense-wide, line 480, as specified in the corresponding funding table in section 4301, for the Office of the Secretary of Defense, is hereby reduced by $10,000,000.
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR HIGH-HYPERSONIC DETONATION PROPULSION
RESEARCH AND FLIGHT DEMONSTRATIONS.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Aerospace Systems Technologies (PE 0602203F), line 008, is hereby increased by $5,000,000 for the acceleration of high-hypersonic detonation propulsion research and flight demonstrations.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for administration and service-wide activities, Office of the Secretary of Defense, line 480, is hereby reduced by $5,000,000.
At the end of subtitle A of title II, add the following new section:
SEC. 2__. INCREASE IN FUNDING FOR SENSITIVE COMPARTMENTED
INFORMATION FACILITIES.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for Future AF Capabilities Applied Research (PE 0602020F), line 003, is hereby increased by $1,200,000 for Secure Research Facilities in fast-growing metropolitan areas located in proximity to aerospace industries and facilities.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for administration and service-wide activities, Office of the Secretary of Defense, line 480, is hereby reduced by $1,200,000.
At the end of subtitle B of title II, add the following new section:
SEC. 2__. DEVELOPMENT, TEST, EVALUATION, DEMONSTRATION, AND
TRANSITION TO PRODUCTION OF ALTERNATIVE LOW-
COST WEAPON SYSTEMS.
(a) In General.--The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with Secretaries of the military departments and the Director of the Missile Defense Agency, shall develop, test, evaluate, demonstrate, and transition to production, as appropriate, a portfolio of alternative, affordable, low-cost weapon systems in each of the following categories:
(1) Hypersonic strike systems.
(2) Cruise missiles.
(3) Shoulder-launched missiles.
(4) Extended range munitions.
(5) Mid-range integrated air and missile defense interceptors.
(6) Exoatmospheric interceptors.
(7) Short-range integrated air and missile defense interceptors.
(8) Medium-range air-to-air missiles.
(9) Autonomous systems, counter-unmanned systems, and loitering munitions.
(b) Requirements.--In carrying out subsection (a), the Secretary of Defense shall--
(1) employ innovative acquisition strategies, including rapid prototyping, digital engineering, modular open-system architectures, commercial-off-the-shelf components where feasible, and other cost-reduction initiatives to achieve significantly lower unit costs than current baseline systems while maintaining operationally relevant performance;
(2) prioritize expendable designs optimized for attritable, high-volume employment, compatibility with existing launch platforms, logistics infrastructure, and command-and-control networks, and the ability to complement existing programs of record;
(3) ensure systems are designed to enable production at scale in significantly greater quantities than current program of record systems through the prioritization of manufacturing ease and speed;
(4) include technology maturation, risk reduction, testing, and transition planning to low-rate initial production not later than fiscal year 2030 for each category of weapon system specified in subsection (a);
(5) establish specific cost and performance targets through competitive analysis, market research, prototyping, and experimentation;
(6) maximize the use of commercial acquisition procedures, commercial solutions openings, other transaction authority, and other rapid acquisition authorities to increase participation by nontraditional defense contractors, commercial suppliers, and small businesses;
(7) treat autonomous systems described in subsection (a)(9) as consumable combat equipment, including for purposes of acquisition, budgeting, sustainment, inventory, training, fielding, expenditure, replenishment, repair, upgrade, and replacement, unless the Secretary of Defense, or a covered designee, determines in writing that such treatment is inappropriate based on cost, complexity, expected service life, safety requirements, operational role, or replenishment requirements; and
(8) ensure that autonomous systems described in subsection (a)(9) are not subjected to acquisition, sustainment, inventory, training, or fielding requirements applicable to aircraft, vessels, or enduring major platforms solely on the basis that such systems operate in the air, on the surface of the sea, or undersea, unless the Secretary of Defense, or a covered designee, determines in writing that such requirements are necessary based on safety, operational, or legal requirements.
(c) Definitions.--In this section:
(1) The term "alternative low-cost" systems means weapon systems in the categories listed in subsection (a) that are designed to achieve unit procurement costs significantly lower than existing program of record systems while delivering the minimum requirements set forth by the Secretary.
(2) The term "autonomous systems" means unmanned, remotely operated, optionally unmanned, autonomous, or semiautonomous systems, including associated software, sensors, payloads, communications equipment, and mission autonomy capabilities, that operate in the air, on land, on or below the surface of the sea, or across multiple domains.
(3) The term "counter-unmanned systems" means systems designed to detect, track, and defeat unmanned platforms through kinetic, directed energy, electronic warfare, cyber, or other means.
(4) The term "covered designee" means the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, the Secretary of a military department, or a service acquisition executive.
(5) The term "cruise missiles" means turbojet-powered missiles designed for standoff precision strikes against land or sea targets at ranges generally exceeding 250 nautical miles, with simplified guidance, propulsion, and airframe designs.
(6) The term "exoatmospheric interceptors" means kinetic hit-to-kill interceptors designed for ballistic missile defense in the exoatmosphere, with engagement ranges generally exceeding 300 nautical miles (or equivalent altitudes above 50 nautical miles) and closing speeds of not less than Mach 8.
(7) The term "extended range munitions" means ground-launched precision munitions designed for extended standoff strikes at ranges generally exceeding 50 nautical miles.
(8) The term "hypersonic strike systems" means systems capable of Mach 5 or greater flight with maneuverability, designed for long-range precision strikes against time-sensitive, defended, or high-value targets at ranges generally exceeding 400 nautical miles.
(9) The term "loitering munitions" means expendable unmanned aerial systems designed to loiter in a target area and deliver kinetic effects against surface targets, capable of autonomous or semiautonomous terminal guidance.
(10) The term "medium-range air-to-air missiles" means guided missiles providing beyond-visual-range air-to-air intercept capability with diverse target-set engagement potential, performing intercepts at not less than 60 nautical miles and with a maximum speed of not less than Mach 3.
(11) The term "mid-range integrated air and missile defense interceptors" means interceptors optimized for integrated air and missile defense against cruise missiles, aircraft, and short- to medium-range ballistic missiles, with engagement ranges of not less than 30 nautical miles and speeds of not less than Mach 3.5.
(12) The term "short-range integrated air and missile defense interceptors" means interceptors for terminal defense against aircraft, cruise missiles, and unmanned aerial systems, with engagement ranges of not less than five nautical miles and maximum speeds of not less than Mach 2.
(13) The term "shoulder-launched missiles" means man-portable or vehicle-launched missiles providing fire-and-forget or command-guided antiarmor capability at ranges of not less than one nautical mile.
In title XVI, subtitle B, add at the end the following new section:
SEC. 16__.
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OPEN-SOURCE INTELLIGENCE INTEGRATION INTO
DEPARTMENT OF DEFENSE COLLECTION MANAGEMENT.
(a) Recognition and Integration of Open-source Intelligence.--The Under Secretary of Defense for Intelligence and Security shall--
(1) ensure that the Department of Defense recognizes open-source intelligence as a source of intelligence collection;
(2) integrate open-source intelligence into the processes of the Department for intelligence collection management, including processes for requirements development, prioritization, and tasking;
(3) maintain procedures for identifying and validating intelligence requirements that may be satisfied through open-source intelligence;
(4) maintain guidance for tasking, coordination, and deconfliction of open-source intelligence collection activities across the Department;
(5) identify roles and responsibilities for elements of the Department conducting open-source intelligence collection, including the Defense Intelligence Agency, the military departments, and the combatant commands; and
(6) maintain alignment of open-source intelligence collection activities with policies
of the Department and of the intelligence community for collection of publicly available information and commercially available information.
(b) Integration With Collection Management Systems.--The Under Secretary shall ensure that open-source intelligence collection is incorporated into the Department's intelligence collection management systems, including systems used to manage requirements, tasking, and coordination across intelligence disciplines.
(c) Tracking and Accountability Mechanisms.--The Under Secretary shall ensure that open-source intelligence collection activities are incorporated into and trackable within the processes of the Department for collection management and shall establish mechanisms to track requirements, tasking, and performance of such activities.
(d) Instruction.--The Under Secretary shall ensure that Department of Defense Instruction 3325.08 (relating to intelligence collection management), or any successor instruction, incorporates the requirements of this section.
(e) Implementation.--This section shall be implemented not later than 180 days after the date of the enactment of this Act.
At the end of subtitle D of title X, add the following new section:
SEC. 10__. CEREMONIAL HORSES ADOPTION PROGRAM OF THE ARMY.
Section 2583(c) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking "A military animal" and inserting, "Except as provided in paragraph (3), a military animal"; and
(2) by adding at the end the following new paragraph:
"(3) If the Secretary of the Army determines that an adoption or transfer of a horse used in any ceremonial horse program of the Army is justified under subsection (a), the Secretary shall follow the recommended priority order in paragraph (1) except that the Secretary shall give first priority to making the horse available for transfer to a State, local, municipal, or Tribal law enforcement agency capable of humanely caring for the horse (including by demonstrating the capability to adequately care, house, and train the horse).".
At the end of subtitle B of title VIII, insert the following new section:
SEC. 8__. AMENDMENT TO REQUIREMENT FOR DOMESTIC STAINLESS
STEEL FLATWARE AND DINNERWARE.
Section 842 of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 10 U.S.C. 4862 note) is amended by striking subsection (c).
amendment no. 292 offered by mr. thompson of pennsylvania
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR ADVANCED NAVAL CASTING FOR HARDWARE AND
OPERATIONAL REPAIRS.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, as specified in the corresponding funding table in section 4201, for Ship Concept Advanced Design (PE 0603563N), line 044, is hereby increased by $16,000,000 for Advanced Naval Casting for Hardware and Operational Repairs.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Navy, as specified in the corresponding funding table in section 4301, for Administration, line 410, is hereby reduced by $16,000,000.
amendment no. 293 offered by mr. thompson of pennsylvania
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR ACCELERATING THE ADOPTION OF NAVAL
AVIATION ADVANCED MANUFACTURING PROCESSES.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, as specified in the corresponding funding table in section 4201, for Navy Advanced Manufacturing (PE 0604286N), line 084, is hereby increased by $15,000,000 for Accelerating the Adoption of Naval Aviation Advanced Manufacturing Processes.
(b) Offsets.--
(1) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Cyber Operations Technology Support, line 293, is hereby reduced by $5,000,000.
(2) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Navy, as specified in the corresponding funding table in section 4201, for Marine Corps Ground Combat/Support System, line 057, is hereby reduced by $10,000,000.
amendment no. 294 offered by mr. thompson of pennsylvania
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR AIR FORCE MATERIALS RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Air Force, as specified in the corresponding funding table in section 4201, for applied research, materials (PE 0602102F), line 005, is hereby increased by $6,400,000 to secure U.S. silicon carbide for national security and critical technologies.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Air Force, as specified in the corresponding funding table in section 4301, for other servicewide activities, line 410, is hereby reduced by $6,400,000.
amendment no. 295 offered by mr. thompson of pennsylvania
At the end of subtitle A of title II, add the following new section:
SEC. 2__. FUNDING FOR UNIVERSITY INNOVATIVE MATERIALS
PROCESSING MODERNIZATION RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for Defense-wide manufacturing science and technology program (PE 0603680D8Z), line 062, is hereby increased by $5,000,000 for university innovative materials processing modernization research.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Washington Headquarters Services, line 510, is hereby reduced by $5,000,000.
amendment no. 296 offered by mr. thompson of pennsylvania
In title XV, add at the end the following new section:
SEC. 15__. REPORT ON THREAT OF CYBER ATTACKS ON UNIVERSITY-
AFFILIATED RESEARCH CENTERS.
The Secretary of Defense shall submit to Congress a report on the threat of cyber attacks, including cyber attacks carried out with the assistance of artificial intelligence, on university-affiliated research centers. The report shall include a plan for the Department of Defense to provide assistance to such centers against the threat of such attacks.
amendment no. 297 offered by mr. thompson of pennsylvania
At the end of subtitle B of title XVII, add the following new section:
SEC. 17__. PARTNERSHIP WITH SCOUTING AMERICA.
The Secretary of Defense shall maintain a partnership between the Department of Defense and Scouting America in the manner in which such partnership has historically been maintained.
At the end of subtitle B of title VII, add the following new section:
SEC. 7__. IMPROVEMENT TO THE TRICARE COMPETITIVE PLANS
DEMONSTRATION PROJECT.
Section 707 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31; 10 U.S.C. 1073a note) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection:
"(b) Extension.--
"(1) In general.--The Secretary shall seek to extend contracts under the TRICARE Competitive Plans Demonstration Project to carry out the project until the date on which the next generation of TRICARE managed support contracts are fully awarded, transitioned, and placed into operational status.
"(2) Considerations.--In exercising the authority under paragraph (1), the Secretary shall consider--
"(A) beneficiary health and quality of care; and
"(B) any disruption associated with changes in enrollment in the TRICARE program.".
At the end of subtitle A of title II, add the following new section:
SEC. 1. FUNDING FOR AUTONOMOUS HIGH-ALTITUDE LONG-ENDURANCE
AIRCRAFT AND PSEUDO-SATELLITES.
(a) Increase.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for the Rapid Prototyping Program (PE 604331D8Z), line 111, is hereby increased by $5,000,000 for the development, prototyping, and demonstration of autonomous High-Altitude Long-Endurance Aircraft (HALE) and High-Altitude Pseudo-Satellites (HAPS) capable of providing resilient
intelligence, surveillance, reconnaissance, communications, and sensing capabilities in contested environments.
(b) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, Defense-wide, as specified in the corresponding funding table in section 4201, for JADC2 Development and Experimentation Activities (PE 0604122D8Z), line 169, is hereby reduced by $5,000,000.
Page 582, line 22, insert ", and long-term care" before "pharmacies".
Page 583, line 6, strike "and specialty pharmacies" and insert "specialty, and long-term care pharmacies".
Page 583, beginning line 12, strike "and specialty pharmacies" and insert "specialty, and long-term care pharmacies".
Add at the end of title XI of division A the following:
SEC. 11__. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER
RESEARCH.
Section 414(h) of title 39, United States Code, is amended by striking "2027" and inserting "2037".
At the end of subtitle C of title II, add the following new section:
SEC. __.
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ANNUAL REPORT ON THE TRANSITION OF SUCCESSFUL
PROTOTYPE PROJECTS.
(a) In General.--Not later than the last day of each of fiscal years 2027 through 2031, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the transition of successful prototype projects into procurement, follow-on production, or operational deployment.
(b) Annual Reporting Requirements.--Each report required under subsection (a) shall include the following information:
(1) The average time between the successful completion of a prototype project and a determination regarding procurement, follow-on production, operational deployment, additional testing, or program termination.
(2) The number and percentage of successful prototype projects that transitioned into procurement, follow-on production, or programs of record during the preceding year.
(3) The number and percentage of successful prototype projects that failed to transition into procurement or production capabilities during the preceding year.
(4) Explanations for delays exceeding 365 days between prototype completion and procurement or production decisions.
(5) Data on prototype projects funded through the Small Business Innovation Research (SBIR) Program, Other Transaction Authority (OTA) agreements, the Defense Innovation Unit (DIU), and other defense innovation and prototyping initiatives.
(6) Data broken down by military department, defense agency, and technology category, including artificial intelligence, autonomy, cyber capabilities, microelectronics, advanced manufacturing, and other critical emerging technologies.
(c) One-time Reporting Requirements.--In addition to the information required under subsection (b), the final report required under subsection (a) shall include the following information:
(1) An identification of acquisition, contracting, budgeting, testing, or requirements-related bottlenecks that delay the transition of innovative technologies into operational capability.
(2) Recommendations to improve procurement efficiency and accelerate transition timelines for prototype projects.
(3) An assessment of barriers faced by small businesses and nontraditional defense contractors participating in defense innovation programs, including challenges related to financing, cybersecurity compliance, intellectual property protection, and access to follow-on procurement opportunities.
(d) Successful Prototype Project Defined.--In this section, the term "successful prototype project" means a prototype project that achieved the operational, technical, or mission requirements identified by the sponsoring military department or defense agency.
(e) Form of Report.--Each report required under subsection (a) shall be submitted in unclassified form but may include a classified annex.
Page 1337, after line 13, insert the following:
SEC. 18__. INCREASED MAXIMUM PRODUCTION CAPACITY PLANS FOR
KEY MUNITIONS AND WEAPONS SYSTEMS.
(a) Report Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on increased maximum production capacity for each covered system.
(b) Contents.--The report under subsection (a) shall include, for each covered system, the following:
(1) The current maximum production level and the maximum production level that could be established in the following fiscal year.
(2) A description of the specific steps required to increase maximum production capacity, including capital equipment acquisitions, facility modifications, workforce expansion, and supply chain development.
(3) An identification of the leading challenges and bottlenecks that would constrain production increases, including single-source supplier dependencies, long-lead material shortfalls, workforce certification requirements, facility or tooling limitations, and critical subcontractor and supplier dependencies necessary to achieve surge production capacity.
(4) The estimated timeline for achieving production at each of the following capacity levels relative to the current contract rate, together with the assumptions underlying each timeline estimate:
(A) 150 percent of the current production rate.
(B) 200 percent of the current production rate.
(C) 500 percent of the current production rate.
(5) The estimated cost to the Government of the actions necessary to achieve each capacity level identified under paragraph (4), expressed as--
(A) the estimated additional contract cost per covered system at each such level; and
(B) the estimated total capital and nonrecurring investment required.
(c) Form.--The report under subsection (a) may be submitted in classified form.
(d) Covered System Defined.--In this section, the term "covered system" means--
(1) each munition or weapon system for which multiyear procurement authority is provided under this Act, including each system described in sections 1839 and 1840 of this Act; and
(2) any other system, as determined by the Secretary of Defense.
At the end of subtitle D of title III, add the following new section:
SEC. 3__. REPORT ON CERTAIN WATER AND WASTEWATER
INFRASTRUCTURE SYSTEMS AT MILITARY
INSTALLATIONS.
(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report identifying any water and wastewater infrastructure system--
(1) that is located at a military installation;
(2) the age of which exceeds 60 years;
(3) that the Secretary determines requires substantial deferred maintenance, or replacement, to maintain compliance with applicable environmental or public health requirements; and
(4) the failure of which the Secretary determines--
(A) presents a significant risk to installation readiness, force health protection, continuity of operations, or mission execution; and
(B) would result in significant contingency operating costs.
(b) Matters.--The report under subsection (a) shall include the following:
(1) For each system identified pursuant to such report, the following information:
(A) The age and condition of the system.
(B) The estimated cost to maintain, restore, modernize, or replace the system.
(C) The estimated contingency operating costs associated with the failure of the system.
(D) An assessment of the effect such failure would have with respect to installation readiness, force health protection, continuity of operations, and mission execution.
(E) An assessment of the effect such failure would have with respect to members of the Armed Forces, military families, and quality of life at the military installation, including such effects on access to safe drinking water, sanitation, housing, healthcare, and other essential services.
(2) A prioritized ranking across the systems so identified, based on an assessment of the lifecycle condition of such systems, the operational risks, and effects on installation readiness, that would result from the failure of such systems, and the compliance requirements specified in subsection (a)(3) applicable to such systems.
(3) Recommendations for addressing, through maintenance, restoration, modernization, or replacement activities, the systems ranked as the highest priority pursuant to paragraph (2).
Amendment No. 305 Offered by Mr. Van Orden of Wisconsin
At the end of subtitle H of title V, add the following new section:
SEC. 5__. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY EMERGENCY
RESPONSE MAPPING.
(a) In General.--Chapter 108 of title 10, United States Code, is amended by inserting after section 2164d the following new section:
"SEC. 2164E. PROCUREMENT OF EMERGENCY RESPONSE MAPS FOR
SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE
EDUCATION ACTIVITY.
"(a) In General.--The Secretary of Defense, acting through the Director of the Department of Defense Education Activity, shall prioritize the procurement of emergency response maps for Defense Dependent Schools to ensure, to the greatest extent practicable, compatibility with public safety systems in the event of an emergency.
"(b) Requirements.--Maps procured under subsection (a) shall--
"(1) be--
"(A) in a digital file format accessible through a standard or open-source file reader or image viewer on a laptop computer, tablet computer, smartphone, or other mobile platform;
"(B) verified through on-site walkthrough inspections by the entity producing the mapping data;
"(C) developed in coordination with industry partners possessing demonstrated expertise in emergency response mapping for schools;
"(D) capable of being updated, printed, and shared electronically;
"(E) accessible without a subscription fee or other restriction; and
"(F) verified for accuracy by a walkthrough inspection;
"(2) integrate with software used by Federal, State, and local public safety agencies;
"(3) not be stored in a data center outside of the United States;
"(4) display information oriented true north and on a coordinate grid; and
"(5) depict any floor of such site or such portion through overlaid, aerial imagery.
"(c) Defense Dependent School Defined.--In this section, the term `Defense Dependent School' means--
"(1) a school operated under the Defense Dependents' Education System, as authorized under the Defense Dependents Education Act of 1978 (20 U.S.C. 921 et seq.); or
"(2) a Department of Defense domestic dependent elementary and secondary school, as authorized under section 2164 of this title.".
(b) Briefing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the plan of the Department of Defense Education Activity for procuring emergency response maps under section 2164e of title 10, United States Code, as added by this section.
At the end of subtitle C of title XXVIII, add the following new section:
SEC. 28__. EXPANSION OF PRIORITY LIST FOR THE PUBLIC SCHOOLS
ON MILITARY INSTALLATIONS PROGRAM.
The Secretary of Defense shall revise the notice titled "Department of Defense Program for Construction, Renovation, Repair or Expansion of Public Schools Located on Military Installations" (76 Fed. Reg. 55883 et seq.; published September 9, 2011) to ensure that not fewer than 90 public schools included on the 2018 Public Schools on Military Installations (PSMI) Priority List (approved April 15, 2019) are eligible to submit requests for competitive grants awarded pursuant to such program.
At the end of subtitle C of title VII, add the following new section:
SEC. 7__.
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REPORT ON EMERGENCY MEDICAL SERVICES CAPABILITIES
AT MILITARY INSTALLATIONS.
(a) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on emergency medical services capabilities at military installation.
(b) Matters Included.--The report under subsection (a) shall include an assessment of emergency medical services capabilities at military installations, including--
(1) the number and distribution of emergency medical services response units;
(2) ambulance capabilities and equipment levels;
(3) staffing levels and certification levels of emergency medical personnel;
(4) availability of advanced life support services;
(5) integration with military medical treatment facilities and local civilian hospitals; and
(6) an evaluation of systems used to track naloxone distribution, including--
(A) the degree of integration of such tracking systems between emergency medical services reporting systems and medical record systems;
(B) procedures for documenting naloxone administration during emergency responses; and
(C) recommendations for establishing a standardized Department-wide tracking framework.
In title XVI, subtitle B, add at the end the following new section:
SEC. 16__. OPEN-SOURCE INTELLIGENCE DEFINITIONS.
(a) Findings.--Congress finds the following:
(1) Publicly available information, including commercially available information, has become increasingly important to intelligence analysis, strategic warning, economic security, and understanding adversarial activities.
(2) Consistent governance, oversight, and safeguarding standards are necessary to support the lawful and effective use of publicly available information and commercially available information across the intelligence community.
(b) Establishment of Definitions.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Intelligence and Security shall, in coordination with the Director of National Intelligence, establish definitions for the terms listed in subsection (c).
(c) Terms.--The terms referred to in subsection (b) are--
(1) open-source intelligence;
(2) commercially available information; and
(3) publicly available information.
(d) Applicability.--In establishing the definitions as required by subsection (b), the Under Secretary of Defense for Intelligence and Security, in coordination with the Director of National Intelligence, shall ensure such definitions may be applicable across the Department of Defense and the intelligence community.
(e) Briefing Required.--Not later than 30 days after the date of the establishment of the definitions required by subsection (b), the Under Secretary of Defense for Intelligence and Security shall provide to the congressional defense committees and the congressional intelligence committees a briefing on the rationale behind such definitions.
(f) Definitions.--In this section, the terms "congressional intelligence committees" and "intelligence community" have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
amendment no. 309 offered by mr. walkinshaw of virginia
In title XV, subtitle A, add at the end the following:
SEC. 15__. DEPARTMENT OF DEFENSE CLOUD SECURITY AUTHORIZATION
RECIPROCITY PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall, in consultation with the Director of the Defense Information Systems Agency, establish a pilot program on cloud security authorization reciprocity to assess the feasibility and advisability of creating a reciprocal compliance baseline between the Federal Risk and Authorization Management Program ("FedRAMP") for civilian agency networks and the Cloud Computing Security Requirements Guide ("CC SRG") of the Department of Defense for Department of Defense networks and national security systems.
(b) Selection of Solutions.--Under the pilot program required by subsection (a), the Chief Information Officer shall select a minimum of five cybersecurity solutions authorized at the FedRAMP high impact level and perform an accelerated assessment to validate them for CC SRG impact level 5.
(c) Report to Congressional Committees.--
(1) In general.--Not later than one year after the date of the establishment of the pilot program required by subsection (a), the Chief Information Officer shall submit to the congressional defense committees a report on the findings of the Chief Information Officer with respect to the pilot program.
(2) Contents.--The report submitted under paragraph (1) shall cover the following:
(A) The findings described in paragraph (1), including a detailed analysis of benefits, risks, and any specific security control gaps.
(B) A strategy and implementation plan to establish a reciprocal compliance mechanism for CC SRG and FedRAMP cybersecurity requirements.
(C) An assessment of the feasibility and advisability of expanding the number of authorized cybersecurity solutions to participate in the pilot program.
(3) Form.--The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
At the end of subtitle F of title VI, add the following new section:
SEC. 6__. REPORT ON MILITARY CAMPING AND RECREATIONAL PARK
PROGRAM.
(a) In General.--Not later than March 1, 2027, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report describing how each military department administers military camping and recreational parks to ensure such parks are equally accessible to all persons authorized to use such parks.
(b) Elements.--The report required under subsection (a) shall include the following:
(1) A list of military camping and recreational vehicle parks that includes the location of each park and an identification of the military department that administers such park.
(2) An estimate of the average number of members of the Armed Forces and veterans who use each facility in a year, disaggregated by members of an active component, members of a reserve component, and veterans.
(3) A list of such parks that allow users to stay more than 30 days during any 90-day period.
(4) A list of such parks that allow users to live at a park full-time.
(5) An explanation of how the Department of Defense policy on recreational vehicle parks complies with industry safety standards.
(6) An explanation of the differences between the policies that apply to such parks and the policies that apply to other morale, welfare, and recreation facilities of the Department of Defense that do not allow persons to stay more than 30 days.
(7) A description of any additional authorities or resources the Secretary determines are necessary to increase capacity and to ensure such parks are equally accessible to all persons authorized to use such parks.
At the end of subtitle E of title X, add the following new section:
SEC. 10__. REPORT ON COSTS ASSOCIATED WITH BASING LOCATIONS
FOR F-35 AIRCRAFT.
(a) In General.--The Secretary of Defense shall conduct an analysis to evaluate the full life-cycle costs associated with proposed or potential basing locations for F-35 aircraft expected to be delivered to the Department of Defense during the period of fiscal years 2030 through 2035.
(b) Contents.--The analysis under subsection (a) shall include--
(1) an evaluation of the costs of military construction, infrastructure upgrades, and simulator procurement and installation associated with proposed basing locations for the F-35 aircraft described in subsection (a) compared to those costs at existing Air Force and Air National Guard installations currently hosting fighter aircraft operations, including installations supporting United States formal training and foreign military training missions;
(2) identification of any military construction, infrastructure, and simulator costs for the F-35 aircraft described in subsection (a) that are already programmed or funded in the budget of the President (as submitted as submitted to Congress pursuant to section 1105(a) of title 31, United States Code) or the most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code; and
(3) an estimate of any current or expected reductions in funding to support F-35 basing at military installations.
(c) Report.--Not later than 210 days after the date of the enactment of this section, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the analysis conducted under subsection (a).
At the end of subtitle B of title II, add the following new section:
SEC. 2__. MODIFICATION TO USE OF PARTNERSHIP INTERMEDIARIES
TO PROMOTE DEFENSE RESEARCH AND EDUCATION.
Section 4124(f) of title 10, United States Code, is amended--
(1) by inserting "or Department of Defense laboratory" after "Center" each place it appears;
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following new paragraph:
"(2) A Department of Defense laboratory may pay the Federal costs of a contract, memorandum of understanding, or other transaction entered into under this subsection out of funds available to the laboratory for the support of technology transfer and transition functions, research and development, or operation and maintenance."; and
(4) in paragraph (3)(B), as so redesignated, by adding ", or that can assist a Center or Department of Defense laboratory with technology transition, either out of, or into, the Center or laboratory" before the semicolon.
Strike title XXXVI and insert the following:
SEC. 3601. SHORT TITLE.
This title may be cited as the "Shipbuilding and Harbor Infrastructure for Prosperity and Security for America Act of 2026" or the "SHIPS for America Act of 2026".
SEC. 3602. FINDINGS.
Congress finds the following:
(1) Strategic sealift, made up of Government and commercial vessels and mariners, is a critical capability for executing the maritime defense strategy and the wartime and peacetime economy of the United States.
(2) Ensuring a modern and ready capability will require significant investment, policy prioritization, and the innovation of the people of the United States.
(3) The worldwide ocean economy is worth between $3,000,000,000,000 and $6,000,000,000,000, according to the United Nations Conference on Trade and Development. Yet, vessels of the United States carry less than 2 percent of United States international commercial cargoes by weight.
(4) The United States has fewer than 200 oceangoing vessels of the United States, of which only approximately 80 vessels participate in international commerce, compared with more than 5,500 Chinese documented vessels.
(5) Bracketed by the Atlantic, Pacific, and Arctic oceans, the prosperity and security of the United States has always been tied to its position as a maritime Nation. Throughout human history, the strength of maritime nations has been directly tied to the strength of their maritime industry. The United States won two world wars on the back of a strong maritime industry.
(6) Decades of apathy by the United States Government has harmed our strategically important maritime industry.
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Our weakened shipbuilding capacity, undersized maritime workforce, and shrinking fleet of shipping vessels means the United States relies on other nations to conduct international commerce and lacks the strategic sealift to support the United States military during wartime.
(7) Today, there are just 20 shipbuilders in the United States capable of building oceangoing vessels--down from more than 80 at the end of the Second World War.
(8) During World War II, the United States Merchant Marine powered the Allies to victory with more than 10,000 oceangoing vessels of the United States. Today there are just 80 vessels of the United States engaged in international trade.
(9) The People's Republic of China has made investments in the maritime industry a strategic priority over the past 20 years.
(10) As of 2023, shipyards in the United States had fewer than 5 shipbuilding orders for oceangoing vessels, while shipyards in the People's Republic of China had more than 1,700 orders, according to BRS Group. According to the Office of Naval Intelligence, the People's Republic of China became the world's top shipbuilding and shipping nation, boasting 230 times more shipbuilding capacity than the United States.
(11) With just 12,000 United States merchant mariners operating oceangoing vessels, the United States may not have a sufficient number of mariners to fully power the strategic sealift vessels necessary in a future prolonged conflict.
(12) The American Civil Society of Engineers assesses that the United States has a national maintenance backlog amounting to $125,000,000,000 for bridges, $163,000,000,000 for ports, and $6,800,000,000 for inland waterways.
(13) The maritime industry is inherently international. Eighty percent of United States goods are imported by sea, of which 98 percent come into the United States on foreign documented vessels. Only 2 percent of such goods come into the United States on vessels of the United States, leaving the United States economy disproportionately dependent on oceangoing trade controlled by often adversarial foreign nations. The Nation's ability to provide services in both international and interstate commerce is critical to national and economic defense.
(14) Since November 2023, vessels engaged in international commerce have been threatened by the Houthis, which has threatened global supply chains, increased costs, and required naval force protection operations in the Red Sea through the United States-led Operation Prosperity Guardian that formed in December 2023.
(15) A fleet of commercial shipping vessels of the United States, crewed with citizen mariners, that is competitive in domestic and international trade enhances the United States military's readiness, allows the United States to more strategically compete with China, and underwrites the security and survival of the United States in times of crisis and war.
SEC. 3603. SENSE OF CONGRESS.
It is the sense of Congress that the United States must--
(1) create a more favorable domestic and global maritime environment for vessels of the United States engaged in international commerce, shipbuilding, ship repair, maritime logistics, the maritime workforce, and naval power, contributing to assured access to the world's oceans free from coercion from strategic competitors and asymmetric adversaries;
(2) increase domestic shipbuilding and ship repair capacity, with programs and policies that enable the growth of United States shipyards and the maritime industrial base, enhance military sealift capacity, expand the United States maritime workforce, and enhance national security;
(3) revitalize the international fleet of vessels of the United States and foster a comparative advantage for the United States through targeted incentives and regulatory reforms to make the fleet competitive with international carriers and to gain a sustainable share of the global maritime market in order to bolster supply chains, strengthen economic security, and lower prices, while protecting the United States economy from economic coercion;
(4) take all measures necessary to ensure that sufficient military, civil, and commercial resources will be available with assured access to meet defense deployment needs and essential economic activities for our Nation in times of crisis, war, or peace;
(5) recognize that a vibrant commercial shipbuilding industry provides supply chain resiliencies and creates economies of scale that improve military, Coast Guard, and Government shipbuilding and support military operations through strategic sealift to defend the freedom of the seas;
(6) nurture the comparative advantages of the United States to innovate to better compete in the global maritime marketplace, grow the maritime workforce, and create a favorable environment for investments to build modern maritime facilities and world-class academic institutions;
(7) ensure better coordination between Federal agencies, including the Maritime Administration, the United States Coast Guard, the Department of Defense, the Federal Maritime Commission, and all other Federal agencies with a maritime nexus, to protect, regulate, and support the United States maritime industry, resolve disputes, and implement a whole-of-Government national maritime strategy;
(8) recognize that, while a strong Navy is the surest guarantee of peace, building the
Navy, sustaining the Navy, and supplying the Navy is founded on a robust commercial industrial base;
(9) establish reliable long-term demand signals for, and investments in, oceangoing commercial vessels that are built in the United States, documented under the laws of the United States, and crewed by United States mariners;
(10) evaluate past and present maritime efforts to take actions to revitalize the United States maritime industry;
(11) strengthen the United States intercoastal and domestic trade fleet, which is the foundation upon which a revitalized United States-documented shipping and domestic shipbuilding industry will be built;
(12) recognize the important role that the support craft, passenger, and fishing vessel fleet play in the United States maritime industry;
(13) encourage the shipping of commercial cargo on vessels of the United States, with the aim of growing the size and carrying capacity of the international fleet of vessels of the United States;
(14) grow the shipping capacity of vessels of the United States and guarantee United States Government cargo during peacetime;
(15) develop a whole-of-Government effort to expand, develop, and protect the maritime workforce;
(16) recognize the need for more workers in the maritime sector and stimulate growth in the United States maritime and shipbuilding industries, including by increasing access to early maritime education, commissioning national marketing campaigns to demonstrate how United States shipbuilding, United States-documented shipping, and maritime workers are critical to national security, and implementing workforce accelerator programs;
(17) remove barriers to training mariners, including reevaluating Coast Guard training requirements regarding faculty credentials, instructional facility designs, sea time requirements, and other identified barriers, consistent with international treaty obligations;
(18) expand and nurture a robust mariner workforce that enhances the national security and strategic sealift readiness of the United States by increasing the number of United States mariners and improving existing pathways and establishing new pathways for new, current, and former merchant mariners to go to sea;
(19) recognize that the United States Merchant Marine Academy and our State maritime academies are critical to training the next generation of licensed officers and engineers on vessels of the United States;
(20) invest and innovate in domestic shipbuilding, ship repair, and the shipping capabilities and capacity of vessels of the United States to advance the power and influence of the maritime industry of the United States;
(21) drive multi-stakeholder research, development, assessment, and deployment of emerging marine technologies and best practices related to the maritime transportation system to ensure United States leadership in next-generation shipbuilding, ship repair, and maritime logistics;
(22) drive modern business and manufacturing approaches, such as innovative maritime logistics, clean fuels, and advanced nuclear energy, human-machine teaming, additive manufacturing, and other advanced technologies;
(23) review and update regulations governing vessel design and engineering, vessel and facility operation, and merchant mariner credentialing, in order to revitalize the United States maritime industry;
(24) seek mutually beneficial relationships with treaty allies and strategic partners to grow the domestic shipping and shipbuilding industries of the United States and to share the burden of providing freedom of navigation on the high seas, while de-risking the United States maritime domain from the People's Republic of China, foreign countries of concern, and asymmetric or emerging maritime threats;
(25) harden critical maritime infrastructure and networks, and incrementally replace infrastructure built by foreign adversaries with domestic-built and allied-built infrastructure; and
(26) promote the values of the United States for freedom of the seas, worker safety and quality of life, environmental stewardship, and the resilience of our oceans, seas, and inland waterways.
SEC. 3604. DEFINITIONS.
In this title:
(1) The term "appropriate committees of Congress" means--
(A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
(2) The term "domestic commerce" means the transportation of goods or passengers between places in the United States.
(3) The term "foreign commerce" means--
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(4) The term "foreign country of concern" means--
(A) a country that is a covered nation (as defined in section 4872(d) of title 10, United States Code); and
(B) any country that the Maritime Administrator, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the Chair of the Federal Maritime Commission, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States.
(5) The term "foreign entity"--
(A) means--
(i) a government of a foreign country or a foreign political party, as those terms are defined in section 1 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611);
(ii) a natural person who is not a lawful permanent resident of the United States, a citizen of the United States, or any other protected individual (as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C.
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1324b(a)(3))); or
(iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and
(B) includes--
(i) any person (including an owner or operator of a vessel) owned by, controlled by, or subject to the direction of an entity listed in subparagraph (A);
(ii) any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A);
(iii) any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by an entity listed in subparagraph (A);
(iv) any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A);
(v) any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A);
(vi) any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A); or
(vii) any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).
(6) The term "foreign entity of concern" means any foreign entity that is--
(A) designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);
(B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;
(C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country of concern;
(D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under--
(i) chapter 37 of title 18, United States Code (commonly known as the "Espionage Act") (18 U.S.C. 792 et seq.);
(ii) section 951 or 1030 of title 18, United States Code;
(iii) chapter 90 of title 18, United States Code (commonly known as the "Economic Espionage Act of 1996");
(iv) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and 2284);
(vi) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or
(vii) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
(E) designated by the Federal Maritime Commission as a controlled carrier under chapter 407 of title 46, United States Code;
(F) found by the Federal Maritime Commission to be practicing unfavorable conditions in foreign trade under chapter 421 or 423 of title 46, United States Code; or
(G) determined by the Maritime Administrator, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, and the Chair of the Federal Maritime Commission, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States.
(7) The term "vessel of the United States" has the meaning given that term in section 116 of title 46, United States Code.
SEC. 3611. MARITIME SECURITY ADVISOR; MARITIME SECURITY
BOARD.
(a) Amendments.--Chapter 504 of part A of subtitle V of title 46, United States Code, is amended--
(1) by striking the chapter heading and inserting the following: "OVERSIGHT AND ACCOUNTABILITY";
(2) by redesignating section 50401 as section 50403; and
(3) by inserting before section 50402, the following:
"Sec. 50401. Maritime Security Advisor; Maritime Security
Board
"(a) Maritime Security Advisor.--
"(1) In general.--Not later than 60 days after the date of enactment of this section, the President shall appoint a Special Advisor
to the President (to be known as the `Maritime Security Advisor') for coordinating national maritime affairs and policy, including developing, updating, and implementing the National Maritime Strategy as required under section 50114 of this title.
"(2) Duties.--The Maritime Security Advisor appointed under paragraph (1) shall serve as the Chair of the Maritime Security Board, shall be the principal advisor to the President on all issues related to the maritime industry, shipbuilding, and ship repair, and shall be responsible for developing, updating, and implementing the National Maritime Strategy under section 50114 of this title within and across the Federal Government.
"(3) Office of the maritime security advisor.--
"(A) In general.--There is established in the Executive Office of the President, an Office of the Maritime Security Advisor. The Maritime Security Advisor described in this subsection shall be the head of such Office.
"(B) Employees; contracts.--In carrying out the functions under this section, the Maritime Security Advisor is authorized to--
"(i) appoint such officers and employees as the Maritime Security Advisor may deem necessary to perform the functions now or hereafter vested in the Maritime Security Advisor and to prescribe their duties; and
"(ii) enter into contracts and other arrangements for studies, analyses, and other services with public agencies and with private persons, organizations, or institutions, and make such payments as the Maritime Security Advisor deems necessary to carry out the provisions of this section.
"(b) Maritime Security Board.--Not later than 90 days after the date of enactment of this section, the President shall establish a board, to be known as the `Maritime Security Board' (in this section referred to as the `Board').
"(1) Composition.--
"(A) In general.--The Board shall be comprised of the following individuals and representatives:
"(i) The Maritime Security Advisor described in subsection (a).
"(ii) The Maritime Administrator.
"(iii) The Commandant of the Coast Guard.
"(iv) The Secretary of the Navy.
"(v) The Commander of the United States Transportation Command.
"(vi) The Chair of the Federal Maritime Commission.
"(vii) The Assistant Secretary of the Army for Civil Works.
"(viii) The chief United States delegate to the International Maritime Organization.
"(ix) The Under Secretary of Commerce for Oceans and Atmosphere.
"(x) The Commissioner for Customs and Border Protection.
"(xi) The Director of the Office of Management and Budget, or a designee.
"(xii) The Secretary of Transportation, or a designee.
"(xiii) The Secretary of Homeland Security, or a designee.
"(xiv) The Secretary of State, or a designee.
"(xv) The Secretary of Labor, or a designee.
"(xvi) The Secretary of Commerce, or a designee.
"(xvii) The Secretary of the Treasury, or a designee.
"(xviii) The Administrator of the Environmental Protection Agency, or a designee.
"(xix) From the Department of Defense--
"(I) the Secretary of Defense, or a designee;
"(II) The Commander of the Military Sealift Command.
"(III) The Commander of Naval Sea Systems Command.
"(IV) a representative of the Army, as appointed by the Secretary of Defense;
"(V) a representative of the Air Force, as appointed by the Secretary of Defense; and
"(VI) a representative of the Navy, as appointed by the Secretary of Defense.
"(B) Nonvoting members.--The individuals and representatives listed in clauses (xi) through (xxi) shall be nonvoting members.
"(C) Chair.--The Maritime Security Advisor shall serve as the Chair of the Board.
"(2) Duties.--Consistent with the National Maritime Strategy under section 50114 of this title, the Board shall carry out the following duties:
"(A) Supporting the development of the marine transportation system of the United States, including--
"(i) assessing the adequacy of the marine transportation system (including ports, waterways, channels, and their intermodal connections);
"(ii) promoting the integration of the marine transportation system with other modes of transportation and other uses of the marine environment; and
"(iii) coordinating, improving the coordination of, and making recommendations with regard to Federal policies that impact the marine transportation system.
"(B) Establishing policy priorities relating to, and conducting independent oversight over, the financial assistance programs under part C of subtitle V of this title, including--
"(i) not later than 1 year after the date of enactment of the SHIPS for America Act of 2026 and annually thereafter, establishing targets for the number, type, and requirements of vessels to be included in each of--
"(I) the Maritime Security Fleet (consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command);
"(II) the Cable Security Fleet;
"(III) the Tanker Security Fleet (consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command);
"(IV) the Strategic Commercial Fleet; and
"(V) the Shipbuilding Financial Incentives Program;
"(ii) submitting annual recommendations to the appropriate committees of Congress for any needed changes in the authorized number of vessels eligible to participate in the programs under part C of subtitle V of this title; and
"(iii) conducting oversight of the administration of such financial assistance programs to ensure such programs support the strategic sealift objectives and policy of the United States, as established in section 59101 of this title.
"(C) Supporting the Maritime Administrator in all efforts to conduct independent oversight of passenger and cargo preference requirements and supporting efforts to enable cargo to be carried on vessels of the United States, including--
"(i) conducting oversight and coordinating interagency efforts to comply with cargo preference requirements established under chapter 553 of this title and section 2631 of title 10;
"(ii) independently verifying that all Federal agencies follow the requirements for cargoes procured, furnished, or financed by the United States Government under section 55305 of this title, and notifying the appropriate committees of Congress of any identified violations of the requirements of such section;
"(iii) conducting outreach among nongovernmental stakeholders, including private industry, to encourage more cargo to be moved on vessels of the United States;
"(iv) developing recommendations for regulations to be issued by Federal agencies to preference the movement of cargo on vessels of the United States; and
"(v) submitting recommendations to the appropriate committees of Congress for changes to laws relating to passenger and cargo preferences for the purpose of establishing a more robust fleet of vessels of the United States.
"(D) Conducting independent oversight and developing guidance and recommendations related to the enforcement of the requirements of chapters 121 and 551 of this title.
"(E) Coordinating national efforts to develop a robust maritime workforce that enhances the national security and strategic sealift readiness of the United States, including--
"(i) coordinating and conducting oversight of interagency efforts and partnerships with the maritime industry and qualified labor organizations to recruit, train, and retain qualified licensed and unlicensed merchant mariners; and
"(ii) coordinating and conducting oversight of interagency efforts and partnerships with the shipbuilding industry to recruit, train, and retain qualified workers in the shipbuilding industry of the United States.
"(F) Establishing national priorities for research and development of next-generation technologies to enhance United States leadership in the shipbuilding and maritime industries, including through the Center for Maritime Innovation established under
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section 50307.
"(G) Coordinating efforts to protect vessels of the United States operating in international or domestic commerce from physical and cybersecurity threats.
"(H) Conducting oversight of the use of funds from the Maritime Security Trust Fund established under section 50301(b) of this title, and making recommendations to Congress for expenditures from the Trust Fund.
"(I) Conducting studies on subjects related to the maritime industry and international shipping, and undertaking other efforts related to strengthening the maritime security of the United States.
"(J) Carrying out other duties, as assigned by the President in consultation with the Maritime Security Advisor, related to the maritime industry, shipbuilding, ship repair, strategic sealift, and the marine transportation system of the United States.
"(3) Delegation.--The Board may task agencies who are represented by individuals on the Board (as described under paragraph (1)(A)) to carry out any duties of the Board.
"(4) Meetings.--The Board shall meet not less frequently than quarterly.
"(5) Staff.--The Board may hire staff to support its activities.
"(c) Report to Congress.--
"(1) In general.--Not later than 180 days after the President establishes the Maritime Security Board under this section, and annually thereafter, the Board shall submit a report to the appropriate committees of Congress describing--
"(A) the actions that the Board has taken to carry out the duties required of the Board under subsection (b)(2); and
"(B) a list of recommended actions that the Board recommends Congress take to enhance the strength of the United States maritime industry and support the economic and national security needs of the United States;.
"(2) Appropriate committees of congress.--In this section, the term `appropriate committees of Congress' means--
"(A) the Committees on Armed Services of the House of Representatives and the Senate;
"(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
"(C) the Committee on Commerce, Science, and Transportation of the Senate.".
(b) Clerical Amendment.--The table of sections for chapter 504 of subtitle V of title 46, United States Code, is amended to read as follows:
"50401. Maritime Security Advisor; Maritime Security Board. "50402. Maritime Transportation System National Advisory Committee. "50403. United States Committee on the Marine Transportation System.". (c) National Maritime Strategy.--Section 50114 of title 46, United States Code, is amended--(1) by striking subsection (a), and inserting the following: "(a) In General.--"(1) In general.--Subject to paragraph (2), the Maritime Security Advisor, in consultation with the Maritime Security Board, shall develop a National Maritime Strategy and submit that National Maritime Strategy to the appropriate committees of Congress (as that term is defined in section 3604 of the SHIPS for America Act of 2026). "(2) Transition.--Notwithstanding paragraph (1), if a national maritime strategy has been developed and submitted in accordance with this section, as in effect on the day before the date of enactment of the SHIPS for America Act of 2026, in the 1-year period before such date of enactment, the Maritime Security Advisor shall implement and update that national maritime strategy and shall not develop a new national maritime strategy."; and (2) by striking subsections (c) and (d) and inserting the following: "(c) Implementation.--Upon the release of a strategy under this section, the Maritime Security Advisor, in consultation with the Maritime Security Board, shall be responsible for implementing the contents and recommendations of the strategy. "(d) Update.--The Maritime Security Advisor, in coordination with the Maritime Security Board, shall submit to the appropriate committees of Congress (as that term is defined in section 3604 of the SHIPS for America Act of 2026) an update to the strategy developed under subsection (a) not less often than every 5 years. "(e) Public Availability; Implementation Plan.--Not later than 6 months after the submission of a strategy or update under subsection (a), the Maritime Security Advisor, in consultation with the Maritime Security Board, shall make publicly available on an appropriate website each strategy or updated strategy and an implementation plan for such strategy or update.".
SEC. 3612. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY
COMMITTEE.
Section 50402 is amended--
(1) in subsection (b), by striking "Secretary of Transportation" and inserting "Maritime Security Advisor and Maritime Security Board"; and
(2) in subsection (c)--
(A) in paragraph (1), by striking "by the Secretary of Transportation";
(B) by striking paragraph (3) and inserting the following:
"(3) Representation.--Members of the Committee shall be appointed as follows:
"(A) The Maritime Security Advisor shall appoint the following members of the Committee:
"(i) At least one member to represent the Environmental Protection Agency.
"(ii) At least one member to represent the Department of Commerce.
"(iii) At least one member to represent the Corps of Engineers.
"(iv) At least one member to represent the Coast Guard.
"(v) At least one member to represent Customs and Border Protection.
"(vi) At least one member to represent the Maritime Administration.
"(vii) At least one member to represent the Department of Agriculture.
"(viii) At least one member to represent the State Department.
"(ix) At least one member to represent State and local governmental entities.
"(B) Additional members shall represent private sector entities that reflect a cross-section of maritime industries, including credentialed United States merchant mariners, port and water stakeholders, academia, and labor, of whom--
"(i) 3 shall be appointed by the majority leader of the Senate;
"(ii) 3 shall be appointed by the minority leader of the Senate;
"(iii) 3 shall be appointed by the Speaker of the House of Representatives; and
"(iv) 3 shall be appointed by the minority leader of the House of Representatives.
"(C) The Maritime Security Advisor may appoint additional members of the Committee, including additional representatives from the United States Merchant Marine Academy, State maritime academies, or other Federal agencies, as the Secretary considers appropriate."; and
(C) in paragraph (4), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;
(D) by redesignating paragraph (4) as subparagraph (A) and adjusting the margins accordingly;
(E) by inserting after paragraph (3) the following:
"(4) Restrictions on members.--"; and
(F) at the end of paragraph (4), as so designated, by inserting the following:
"(B) Restrictions on additional members.--Members appointed under this paragraph that are not representing Federal agencies--
"(i) shall remain on the Committee for a term of 3 years from the date that the member is appointed; and
"(ii) may not serve more than 2 consecutive terms.".
SEC. 3613. DIRECT HIRE AUTHORITY; AUTHORIZATION FOR
ADMINISTRATIVE EXPENSES.
(a) Maritime Administration Direct Hire Authority.--
(1) In general.--The Maritime Administrator may appoint, without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, candidates to positions in the competitive service within the Maritime Administration for which--
(A) public notice has been given;
(B) the Administrator has determined that a critical hiring need exists; and
(C) the Administrator has consulted with the Director of the Office of Personnel Management regarding--
(i) the positions for which the Administrator plans to recruit;
(ii) the quantity of candidates the Administrator is seeking; and
(iii) the assessment and selection policies the Administrator plans to utilize.
(2) Definition of critical hiring need.--In this subsection, the term "critical hiring need" means personnel necessary for the implementation of this title and associated work.
(b) Coast Guard Direct Hire Authority.--
(1) In general.--The Secretary of the department in which the Coast Guard is operating may appoint, without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, candidates to positions in the competitive service within offices under the Assistant Commandant for Prevention Policy of the Coast Guard, for which--
(A) public notice has been given;
(B) the Secretary has determined that a critical hiring need exists; and
(C) the Secretary has consulted with the Director of the Office of Personnel Management regarding--
(i) the positions for which the Secretary plans to recruit;
(ii) the quantity of candidates the Secretary is seeking; and
(iii) the assessment and selection policies the Secretary plans to utilize.
(2) Definition of critical hiring need.--In this subsection, the term "critical hiring need" means personnel necessary for the implementation of this title and associated work.
(c) Competitive Service.--In this section, the term "competitive service" has the meaning given the term in section 2102 of title 5, United States Code.
SEC. 3614. FEDERAL MARITIME COMMISSION REPORT ON VESSELS OF
THE UNITED STATES.
(a) In General.--The Federal Maritime Commission shall annually submit a report to the Maritime Security Board and the appropriate committees of Congress evaluating the competitiveness of vessels of the United States in foreign commerce. The Maritime Security Board shall utilize the findings of such report to inform the National Maritime Strategy under section 50114 of title 46, United States Code, and other activities of the Board.
(b) Contents.--The report shall include--
(1) metrics concerning carriage of foreign commerce on vessels of the United States;
(2) information about the price parity of carriage of foreign commerce on vessels of the United States versus foreign vessels (as defined in section 110 of title 46, United States Code) by market;
(3) identification of markets of opportunity for the United States to compete in foreign commerce where rates are in relative parity to vessels of the United States;
(4) markets in which United States interests paid above average rates for foreign commerce, including with foreign and domestic carriers; and
(5) an assessment of the foreign vessel registries of peer competitor countries to determine--
(A) the roles of the governments of peer competitor countries in their vessel registry processes, including policy practices that may provide a disadvantage to the United States;
(B) the sizes of the fleets of foreign vessels registered with such countries, including how many of such foreign vessels are domestically built and how many are built in other countries; and
(C) the price parity of vessels of the United States, as compared to foreign vessels registered with peer competitor countries that are operating in global markets identified as a priority by the Federal Maritime Commission.
SEC. 3621.
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MARITIME SECURITY TRUST FUND ESTABLISHED.
Section 50301 of title 46, United States Code, is amended--
(1) by striking the section heading and inserting "Funds established";
(2) in subsection (e)--
(A) in paragraph (2), by redesignating subparagraphs (A), (B), and (C), as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly;
(B) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly;
(C) in subparagraph (A), as redesignated by subparagraph (B), by striking "paragraph (2)" and inserting "subparagraph (B)";
(D) in subparagraph (B), as redesignated by subparagraph (B), in the matter preceding clause (i), by striking "Paragraph (1)" and inserting "Subparagraph (A)"; and
(E) in subparagraph (C), as redesignated by subparagraph (B), by striking "Paragraph (1)" and inserting "Subparagraph (A)";
(3) in subsection (f), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and adjusting the margins accordingly;
(4) by redesignating subsections (b) through (g) as paragraphs (2) through (7), respectively, and adjusting the margins accordingly;
(5) in subsection (a), by striking "In General" and all that follows through "There is a" and inserting the following:
"(a) Vessel Operations Revolving Fund.--
"(1) In general.--There is a";
(6) in paragraph (4), by striking "subsection (a)" and inserting "paragraph (1)"; and
(7) by adding at the end the following:
"(b) Maritime Security Trust Fund.--
"(1) In general.--There is a `Maritime Security Trust Fund' for use in carrying out programs or activities associated with supporting the merchant marine of the United States and the maritime industrial base.
"(2) Total balance.--The total amount in the Maritime Security Trust Fund at any time shall not exceed $20,000,000,000.
"(3) Expenditures.--Amounts in the Maritime Security Trust Fund shall be authorized to be appropriated out of the Maritime Security Trust Fund as provided by in appropriations acts made after the date of enactment of this Act.".
SEC. 3631. SEALIFT CAPABILITY.
(a) In General.--Subtitle V of title 46, United States Code, is amended by adding at the end the following:
"Sec. "59101. Objectives and policy. "59102. Procurement, maintenance, and operation. "59103. Sealift prioritization. "59104. Report on privilege.
"Sec. 59101. Objectives and policy
"(a) Objectives.--It is necessary for the national defense and economic security of the United States that the United States have vessels of the United States capable of providing and supporting strategic sealift--
"(1) sufficient to meet surge defense deployment and essential economic activities for the United States in times of crisis or war;
"(2) sufficient to respond unilaterally to national security threats in geographic areas not covered by alliance commitments and ensure economic security resilience for United States trade; and
"(3) built, operated, and maintained during all times, primarily in the United States to protect and ensure national security resiliency and avoid foreign coercion of critical supply chains.
"(b) Policy.--It is the policy of the United States to encourage and aid the development and maintenance of vessels of the United States with strategic sealift capabilities satisfying the objectives described in subsection (a).
"(c) Strategy Required.--
"(1) In general.--The Maritime Security Board shall annually develop a strategy to leverage the financial assistance programs established under part C of this subtitle to expand the number of vessels of the United States needed to accomplish the objectives described under subsection (a).
"(2) Strategy components.--The strategy developed by the Maritime Security Board shall include--
"(A) annual goals for the number of vessels that will be brought into the fleet of vessels of the United States capable of providing strategic sealift utilizing the Maritime Security Fleet under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, the Tanker Security Fleet under chapter 534 of this title, the Strategic Commercial Fleet under chapter 536 of this title, and the Shipbuilding Financial Incentives program, consistent with the most recent Mobility Capability Requirements Study produced by United States Transportation Command; and
"(B) an assessment of domestic shipbuilding capacity and a strategy to increase the capacity of the domestic shipbuilding industry utilizing the Shipbuilding Financial Incentives program.
"(3) National maritime strategy.--The strategy developed by the Maritime Security Board under paragraph (1) shall be consistent with the National Maritime Strategy developed under section 50114.
"(d) Report Required.--
"(1) In general.--Upon completion, the Maritime Security Board shall transmit to the appropriate committees of Congress a summary of the strategy developed under subsection (c), with a classified annex as necessary.
"(2) Definition.--In this part, the term `appropriate committees of Congress' has the meaning given that term in section 3604 of the SHIPS for America Act of 2026.
"Sec. 59102. Procurement, maintenance, and operation
"(a) Statement of Policy.--The Maritime Administrator, in coordination with the Secretary of Defense and the Secretary of Homeland Security, shall build, acquire, maintain, coordinate, support, and operate a sufficient and privileged fleet of vessels of the United States with commercial and military sealift capability.
"(b) Supplemental Capability.--In developing sealift capability under this part, the Secretary of Transportation and the Secretary of Defense shall continue to support a sufficient Maritime Security Fleet under chapter 531 of this title, a Cable Security Fleet under chapter 532 of this title, a Tanker Security Fleet under chapter 534 of this title, the Strategic Commercial Fleet under chapter 536 of this title, a Military Sealift Command of the Department of the Navy, and a Ready Reserve Force component of the National Defense Reserve Fleet under section 57100 of this title, to provide capacity and resiliency for unilateral United States strategic sealift in peace, crisis, and war.
"(c) Judicial Review.--No court shall have jurisdiction to review decisions made by the Maritime Administrator, the Secretary of Defense, or the Secretary of Homeland Security with respect to this section.
"Sec. 59103. Sealift prioritization
"(a) In General.--In acquiring, maintaining, coordinating, and supporting a fleet of vessels capable of providing sealift capacity during wartime and crisis, the Maritime Administrator, in coordination with the Secretary of Defense, shall ensure the availability of vessels, in the following order of priority:
"(1) Commercial vessels of the United States.
"(2) Vessels of the United States that are owned and operated by the United States Government.
"(3) Vessels of countries that are defense treaty allies of the United States.
"(4) Vessels of countries that are strategic partners of the United States.
"(b) Judicial Review.--No court shall have jurisdiction to review decisions made by the Maritime Administrator or the Secretary of Defense with respect to this section.
"Sec. 59104. Report on privilege
"(a) In General.--Not later than March 1, 2027, the Secretary of Transportation, in coordination with the Secretary of Commerce, the Chair of the Federal Maritime Commission, and the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress a report including ways to ensure vessels of the United States operating in foreign commerce are privileged in regulation, fees, insurance, and policy compared to foreign vessels conducting trade with a United States domiciled entity, while remaining consistent with the international obligations of the United States.
"(b) Contents.--In submitting the report under subsection (a), the Secretary of Transportation shall include options for regulating trade with foreign vessels in order to sustain and grow the Maritime Security Fleet under chapter 531 of this title, the Cable Security Fleet under chapter 532 of this title, the Tanker Security Fleet under chapter 534 of this title, the Strategic Commercial Fleet under chapter 536 of this title, and other vessels of the United States operating in foreign commerce.".
(b) Clerical Amendment.--The table of chapters for subtitle V of title 46, United States Code, is amended by adding at the end the following:
SEC. 3632. NATIONAL FREIGHT STRATEGIC PLAN.
Section 70102(b) of title 49, United States Code, is amended--
(1) in paragraph (16), by striking "and" after the semicolon;
(2) in paragraph (17), by striking the period at the end and inserting "; and"; and
(3) by adding at the end the following:
"(18) consideration of United States strategic sealift objectives and strategies established under section 59101 of title 46; and
"(19) consideration of maritime networks in multimodal freight corridors.".
SEC. 3633. FOREIGN SHIPPING PRACTICES; CONTROLLED CARRIERS.
(a) Foreign Shipping Practices.--Section 42301(b) of title 46, United States Code, is amended--
(1) in paragraph (2), by inserting "or passengers" after "transportation of cargo"; and
(2) in paragraph (5), by inserting "or passengers" after "carriage of cargo".
(b) Controlled Carriers.--Chapter 407 of title 46, United States Code, is amended--
(1) in section 40701--
(A) in subsection (a)--
(i) in paragraph (1), by striking "or" at the end;
(ii) in paragraph (2), by striking the period at the end and inserting "; or"; and
(iii) by adding at the end the following:
"(3) arrange or provide passenger transportation at a fare that is below a just and reasonable level.";
(B) in subsection (b), by striking "rule, or regulation" and inserting "rule, regulation, or fare";
(C) in subsection (c), by striking "rule, or regulation" and inserting "rule, regulation, or fare"; and
(D) in subsection (d), by striking "rule, or regulation" and inserting "rule, regulation, or fare";
(2) in section 40702(b)--
(A) in the matter preceding paragraph (1), by striking "rule, or regulation" and inserting "rule, regulation, or fare";
(B) in paragraph (1), by striking "rate or charge" and inserting "rate, charge, or fare"; and
(C) in paragraph (2), by striking "rule, or regulation" and inserting "rule, regulation, or fare";
(3) in section 40703, by striking "a rate, charge," and inserting "a rate, fare, charge,"; and
(4) in section 40704--
(A) in subsection (a), by striking "rule, or regulation" and inserting "rule, regulation, or fare";
(B) in subsection (b), by striking "rule, or regulation" and inserting "rule, regulation, or fare";
(C) in subsection (c), by striking "rule, or regulation" and inserting "rule, regulation, or fare" each place the term appears;
(D) in subsection (d)--
(i) in paragraph (1), by striking "rule, or regulation" and inserting "rule, regulation, or fare" each place the term appears; and
(ii) in paragraph (2), by striking "rule, or regulation" and inserting "rule, regulation, or fare" each place the term appears; and
(E) in subsection (e), by striking "rule, or regulation" and inserting "rule, regulation, or fare" each place the term appears.
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SEC. 3641. FLEET TESTING AND BRIEFING REQUIREMENT.
(a) Test.--Not later than 180 days after the date of enactment of this Act, the Commander of the United States Transportation Command, in coordination with the Secretary of the Navy and the Maritime Administrator, shall devise a tabletop exercise to test the effective control of the Maritime Security Fleet under chapter 531 of title 46, United States Code, and the Tanker Security Fleet under chapter 534 of such title, in case of crisis or war.
(b) Briefing.--After completion of the tabletop exercise under subsection (a), the Commander shall submit to the appropriate committees of Congress a briefing on the results of such tabletop exercise.
(c) Annual Testing.--Beginning not later than 1 year after the briefing is submitted under subsection (b), the Commander shall--
(1) carry out tabletop drills to test effective control of the Maritime Security Fleet under chapter 531 of title 46, United States Code, and the Tanker Security Fleet under chapter 534 of such title; and
(2) provide to the appropriate committees of Congress a briefing after each such drill on the results of such drill.
SEC. 3642. ASSESSMENT OF UNDERSEA CABLE REPAIR CONTINGENCIES.
(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Maritime Administrator, the Federal Communications Commission, and other relevant Federal agencies, shall submit to the appropriate committees of Congress an assessment on the ability and preparedness of the USNS Zeus and the Cable Security Fleet under chapter 532 of title 46, United States Code, to repair transoceanic submarine fiber optic cables that may be damaged or cut by adversaries.
(b) Contents.--The assessment under subsection (a) shall include--
(1) a description of preparedness to address a situation in which the cables of partner countries in both the Pacific and Atlantic Oceans are damaged or severed at or around the same time;
(2) a determination as to how long it would take for the Cable Security Fleet, in coordination with partner countries, to repair such cables; and
(3) the options available to provide connectivity in an emergency or crisis caused by, or related to, the damaging or severing of such cables.
SEC. 3643. SHIPBUILDING FINANCIAL INCENTIVES.
(a) In General.--Part C of subtitle V of title 46, United States Code, is amended by inserting after chapter 537 the following:
"(a) Establishment.--The Maritime Administrator shall establish a program that, in accordance with the requirements of this section, provides Federal grant assistance to covered entities to--
"(1) aid in the construction of a vessel that shall be documented under the laws of the United States; or
"(2) incentivize a qualified shipyard investment.
"(b) Definitions.--In this section:
"(1) Appropriate committees of congress.--The term `appropriate committees of Congress' means the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
"(2) Covered entity.--The term `covered entity' means--
"(A) any proposed vessel purchaser who is a citizen of the United States; or
"(B) any shipyard of the United States with the ability, experience, financial resources, and other qualifications to construct or repair a military vessel or a vessel to be used in the foreign commerce of the United States.
"(3) Foreign commerce.--The term `foreign commerce' means--
"(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
"(B) commerce or trade between foreign countries.
"(4) Foreign country of concern; foreign entity of concern.--The terms `foreign country of concern' and `foreign entity of concern' have the meanings given such terms in section 3604 of the SHIPS for America Act of 2026.
"(5) Qualified shipyard investment.--The term `qualified shipyard investment' means an investment to construct, modernize, or expand--
"(A) a shipyard of the United States that constructs or repairs civilian or military vessels; or
"(B) a manufacturing facility--
"(i) that is--
"(I) a component supplier; "(II) a subcomponent supplier; or "(III) a manufacturing equipment supplier;
"(ii) that is based in the United States; and
"(iii)(I) at which at least 50 percent of the products produced will be sold to shipyards of the United States or used to construct vessels of the United States; or
"(II) at which the investment will more than double the facility's capacity to produce products to be sold to shipyards of the United Sates or used to construct vessels of the United States, as determined by the Administrator.
"(6) Shipyard of the united states.--The term `shipyard of the United States' has the meaning given that term in section 505 of the Merchant Marine Act,1936 (46 U.S.C. 53101 note).
"(c) Procedure.--
"(1) Application.--A covered entity applying for grant funding under this section shall submit an application to the Maritime Administrator.
"(2) Requirements.--In order for a covered entity to qualify for a grant under this section, the covered entity shall--
"(A) for grants related to construction of a vessel of the United States as described in subsection (a)(1)--
"(i) enter into an agreement with the Maritime Administrator establishing that the vessel that is constructed with Federal financial assistance shall be, for a period of not less than 10 years, documented under the laws of the United States; and
"(ii) agree to carry out all construction in a shipyard of the United States as the result of competitive bidding, after due advertisement, with the right reserved by the Administrator to disapprove any or all bids;
"(B) for a grant related to qualified shipyard investments as described in subsection (a)(2), use the award amounts for investments in--
"(i) facilities or equipment related to shipbuilding or ship repair; or
"(ii) maritime component suppliers and subcomponent suppliers with over 50 percent maritime use in each such investment; and
"(C) make commitments to worker and community investment, including through--
"(i) programs to expand employment opportunity for economically disadvantaged individuals; and
"(ii) securing commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals.
"(3) Review of applications.--
"(A) Considerations for review.--With respect to the review by the Maritime Administrator of an application submitted--
"(i) the Maritime Administrator may not approve an application for construction of a vessel as described in subsection (a)(1) unless the Administrator--
"(I) determines that a vessel funded through the program will aid in the promotion and development of foreign commerce;
"(II) determines that the vessel purchaser applying for funding under this section possesses the ability, experience, financial resources, and other qualifications necessary for the operation and maintenance of the proposed new vessel;
"(III) determines that the shipyard that will construct a vessel under this section possesses the ability, experience, financial resources, equipment, and other qualifications necessary to properly to construct the proposed vessel;
"(IV) confirms that any newly constructed vessel has dedicated space for workforce training programs identified by the Administrator; and
"(V) has notified the appropriate committees of Congress not later than 15 days before making any award to any covered entity;
"(ii) the Maritime Administrator may not approve an application for qualified shipyard investments as described in subsection (a)(2) unless the Administrator--
"(I) confirms that the covered entity has received an incentive offered by a governmental entity to a covered entity for the purposes of supporting a qualified shipyard investment within that jurisdiction;
"(II) ensures that the covered entity has an executable plan to sustain the facility without additional Federal financial assistance under this subsection for the facility;
"(III) determines that the project to which the application relates is in the economic interests of the United States; and
"(IV) receives detailed information on--
"(aa) the customers, or categories of customers, which the covered entity plans to serve;
"(bb) the type of expenditures which the covered entity plans to make; and
"(cc) the workforce positions that the covered entity plans to employ, including any required recruitment, training, and hiring; and
"(iii) the Maritime Administrator may consider--
"(I) whether the covered entity has previously received financial assistance under this section;
"(II) the price for the construction or repair of a vessel that has been negotiated between a shipyard and proposed vessel purchaser, and whether the negotiated price is fair and reasonable;
"(III) whether the covered entity commits to use equipment, materials, and supplies that are produced in the United States, and utilize, to the maximum extent practicable, subcontractors and suppliers that are based in the United States; and
"(IV) whether the covered entity commits to utilizing new or emerging technologies.
"(B) Records.--The Maritime Administrator may request records and information from the covered entity.
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The covered entity shall provide the records and information requested by the Administrator.
"(d) Award Amounts.--
"(1) Construction of a vessel of the united states.--
"(A) In general.--For grant awards related to construction of a vessel of the United States, as described in subsection (a)(1), the Maritime Administrator shall determine the appropriate amount and funding for each financial assistance award made under this section.
"(B) Determination.--In making the determination under subparagraph (A), the Maritime Administrator shall consider the difference in the cost of constructing the proposed vessel within the United States over the fair and reasonable estimate of cost of the construction of that type of vessel if it were constructed under similar plans and specifications in a foreign shipbuilding center that is deemed by the Administrator to furnish a fair and representative example for the determination of the estimated foreign cost of construction of vessels of the type proposed to be constructed.
"(2) Qualified shipyard investments.--For grant awards provided to incentivize qualified shipyard investments as described in subsection (a)(2), the Maritime Administrator shall determine the appropriate amount for each financial assistance award made to a covered entity to maximize private sector investments and to expand shipyard and ship building capacity of the United States.
"(3) Use of funds.--A covered entity that receives a financial assistance award under this section may only use the financial assistance award amounts to--
"(A)(i) finance the construction of a vessel to be built in the United States and documented under the laws of the United States; or
"(ii) support site development, construction, and modernization for qualified shipyard investments; and
"(B) support workforce development for a shipyard or qualified shipyard investment.
"(e) Applications for Reconstruction, Conditioning, or Repowering.--The Maritime Administrator may consider an application as described in subsection (a)(1), and award grants under this section, for the reconstruction, reconditioning, or repowering of an existing vessel in a shipyard of the United States.
"(f) Pilot Program for Vessels in Domestic Commerce.--
"(1) In general.--The Maritime Administrator may, if determined to be consistent with all other requirements of this section (except the requirement under subsection (c)(3)(A)(i)(I)(aa)), establish a pilot program to consider an application as described in subsection (a)(1), and award financial assistance under this section for the construction or repair of a vessel for use in service other than foreign commerce.
"(2) Eligible vessels.--In addition to all other requirements of this section (except the requirement under subsection (c)(3)(A)(i)(I)(aa)), funding through the pilot program under this subsection shall only be used for construction or repair of vessels of the United States that--
"(A)(i) will operate in an emerging industry or a new trade lane;
"(ii) will not compete with existing vessels of the United States; and
"(iii) will not serve a market already served by a vessel of the United States with a coastwise endorsement;
"(B)(i) will replace an existing vessel of the United States that is or will be acquired by the Administrator to be placed in the National Defense Reserve Fleet, pursuant to section 57101; and
"(ii) as consideration for the payment of financial assistance, will operate for not longer than 21 years, at which time ownership will be transferred to the Maritime Administrator and the vessel placed in the National Defense Reserve Fleet, pursuant to section 57101; or
"(C) will be an oceanographic research vessel (as defined in section 2101 of this title).
"(3) Rule of construction.--Nothing in this subsection shall be construed to alter the requirements under section 55102.
"(g) Clarification.--Notwithstanding any other provision of law, the provision by the Administrator of Federal financial assistance for a project described in this section shall not be considered to be a major Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or an undertaking for the purposes of division A of subtitle III of title 54, United States Code.
"(j) Buy America.--Section 54101(d)(2) shall apply to any funds obligated by the Administrator under this section.
"(k) GAO Review.--The Comptroller General of the United States shall--
"(1) not later than 2 years after the date of disbursement of the first financial award under this section, and biennially thereafter for 10 years, conduct a review of the program under this section; and
"(2) submit to the appropriate committees of Congress the results of each review.
"(l) Prohibition on Use of Funds.--
"(1) In general.--No funds made available under this section may--
"(A) be used to construct, modify, or improve a facility outside of the United States;
"(B) be provided to a foreign entity of concern or to support a foreign entity of concern; or
"(C) be used to purchase materials that are procured or sourced from a foreign entity of concern, if such funds are for construction of a vessel as described in subsection (a)(1).
"(2) Stock buybacks.--An entity receiving financial assistance under this section may not engage in any stock buyback for a period of 5 years after receiving such assistance.".
(b) Clerical Amendment.--The table of chapters at the beginning of part C of subtitle V of title 46, United States Code, and at the beginning of subtitle V of such title, are each amended by inserting after the item relating to chapter 537 the following new item:
"538. Shipbuilding financial incentives...................53801".....
SEC. 3644. UNITED STATES GOVERNMENT CARGO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) only the Maritime Administrator, acting in the Administrator's capacity as Director of the National Shipping Authority, has the authority to determine the non-availability of qualified capacity of vessels of the United States (referred to in this subsection as "qualified United States flag capacity") at fair and reasonable rates for commercial vessels of the United States to meet the requirements of section 55305 or 55314 of title 46, United States Code; and
(2) the requirements of section 55305 or 55314 of title 46, United States Code, may only be waived temporarily by the President, the Secretary of Defense, or the Secretary of Transportation during a declared emergency justifying such a temporary waiver, following a determination by the Maritime Administrator, acting in the Maritime Administrator's capacity as Director of the National Shipping Authority, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States pursuant to section 55305(d) of title 46, United States Code.
(b) Applicable Percentage.--
(1) In general.--Section 55305(a) of title 46, United States Code, is amended by striking "at least 50" and inserting "100".
(2) Effective date.--The amendment made by paragraph (1) shall take effect on the date that is 180 days after the date of enactment of this Act.
(c) Waiver.--Section 55305(d)(1) of title 46, United States Code, is amended to read as follows:
"(1) Waiver authority.--
"(A) In general.--Notwithstanding any other provision of law, when the President, the Secretary of Defense, or the Secretary of Transportation declares the existence of an emergency justifying a temporary waiver of this section or section 55314 of this title, the President, the Secretary of Defense, the Secretary of State, or the Secretary of Transportation, following a determination by the Maritime Administrator, acting in the Administrator's capacity as Director, National Shipping Authority, in consultation with the Maritime Security Board, of the non-availability of qualified United States flag capacity at fair and reasonable rates for commercial vessels of the United States to meet the requirements of this section or section 55314 of this title, may waive compliance with such section to the extent, in the manner, and on the terms the Maritime Administrator, acting in such capacity, prescribes, and no other waivers of the requirements of this section or section 55314 of this title shall be authorized.
"(B) Interagency agreement for the determination of non-availability.--
"(i) In general.--Not later than 180 days after the date of enactment of the SHIPS for America Act of 2026, the Maritime Security Advisor shall facilitate an interagency agreement between the Maritime Administrator and the head of each agency subject to the requirements of subsection (a).
"(ii) Contents.--Each interagency agreement shall include--
"(I) an explanation of the process the agency shall follow to request a determination of non-availability by the Maritime Administrator under subparagraph (A);
"(II) a standard process that the Maritime Administrator shall follow for making such a determination of non-availability; and
"(III) deadlines--
"(aa) for when an agency shall submit a request for such a determination of non-availability prior to the transportation of equipment, materials, or commodities subject to subsection (a); and
"(bb) for when the Maritime Administrator shall make such a determination of non-availability after receiving a request for a temporary waiver under subparagraph (A).
"(iii) Congressional notification.--The Maritime Security Advisor shall notify the appropriate committees of Congress--
"(I) when each interagency agreement required under this subparagraph is finalized; and
"(II) any time that an interagency agreement required under this subparagraph is updated.".
(d) Clarification.--Section 55305(d)(3)(B) of title 46, United States Code, is amended by inserting "Maritime Security Board and the" after "to the".
SEC. 3645. CARGO PREFERENCE IMPLEMENTATION REGULATIONS.
(a) Regulations and Guidance.--Not later than 180 days after the date of enactment of this Act, the Maritime Administrator, notwithstanding any other provision of law, regulation, or administrative order, shall--
(1) promulgate regulations under subchapter III of chapter 5 of title 5, United States Code, to fully implement and ensure compliance with sections 55305, 55314, 55315, and 55316 of title 46, United States Code;
(2) issue interagency guidance to other Federal departments and agencies on how to administer the programs that are subject to such sections in accordance with those sections, as applicable; and
(3) publish such guidance in the Federal Register and on the website of the Maritime Administration.
(b) Repeal of Earlier Regulatory Deadline.--Subsection (a) of section 3502 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (46 U.S.C. 55305 note; Public Law 117-263), is repealed.
SEC. 3646.
Text printed in the Record (11,380 characters)
CARGO PREFERENCE OVERSIGHT AND AUDIT.
Section 55301 of title 46, United States Code, is amended--
(1) in subsection (a)(2), by striking "section 55305" and inserting "sections 55305, 55314, 55315, and 55316"; and
(2) by adding at the end the following:
"(d) Notification of Violation.--The Maritime Administrator shall--
"(1) upon receiving any credible information, as determined by the Administrator, that a Federal department or agency that administers a program covered by a report required under subsection (a) was not in compliance with the requirements of section 55305, 55314, 55315, or 55316 of this title (as applicable), notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than 14 days after receiving such information; and
"(2) upon receiving any credible information, as determined by the Administrator, that a Federal department or agency that administers a program covered by a report required under subsection (a) was not in compliance with the requirements of section 2631 of title 10, United States Code, notify the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate and the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives not later than 14 days after receiving such information.".
SEC. 3647. PRIORITY FOR VESSELS OF THE UNITED STATES.
(a) In General.--Part D of subtitle V of title 46, United States Code, is amended by inserting after chapter 553 the following:
"CHAPTER 555--PRIORITY FOR VESSELS OF THE UNITED STATES
"Sec. "55501. Priority for vessels of the United States.
"Sec. 55501. Priority for vessels of the United States
"(a) In General.--The Secretary of Transportation may allow a vessel of the United States to be given priority at any port in the United States, ahead of a waiting vessel of a foreign country of concern (as defined in section 3604 of the SHIPS for America Act of 2026) or owned by a foreign entity of concern (as so defined).
"(b) Exception.--Notwithstanding subsection (a), if the Secretary of Transportation finds that it is in the national interest, the Secretary may eliminate the priority under this section at any port. The Secretary shall report to the appropriate committees of Congress, as defined in section 3604 of the SHIPS for America Act of 2026, by not later than 30 days after an action eliminating priority under this section.".
(b) Clerical Amendment.--The table of chapters for subtitle V of title 46, United States Code, is amended by inserting after the item relating to chapter 553 the following:
"555. Priority for vessels of the United States...........55501".....
SEC. 3648. TRANSPORTATION REQUIREMENTS FOR CERTAIN EXPORTS
SPONSORED BY THE SECRETARY OF AGRICULTURE.
Section 55314 of title 46, United States Code, is amended--
(1) by inserting before subsection (b) the following:
"(a) Applicability.--The requirements under section 55305 of this title shall apply with respect to the activities specified in subsection (b).";
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking "Secretary of Agriculture or the Commodity Credit Corporation" and inserting "Federal Government";
(B) in paragraph (1), by inserting "titles I, II, or III of" after "carried out under";
(C) in paragraph (4), by striking "agricultural commodities or their products" and inserting "agricultural products";
(D) in paragraph (5), by striking "agricultural commodities or their products" and inserting "agricultural products";
(E) in paragraph (6), by striking "agricultural commodities or their products" and inserting "agricultural products";
(F) in paragraph (7), by striking "agricultural commodities" and inserting "agricultural products";
(G) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (6), (7), (8), and (9), respectively; and
(H) by inserting after paragraph (3) the following:
"(4) carried out under the Food for Progress Act of 1985 (7 U.S.C. 1736o);
"(5) carried out under the McGovern-Dole International Food for Education and Child Nutrition Program under section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1);"; and
(3) by adding at the end the following:
"(c) Agricultural Product Defined.--In this section, the term `agricultural product' means any food product, including an agricultural commodity, specialty crop (as such term is defined in section 3 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note)), or processed food product, exported from the United States.".
SEC. 3649. SHIP AMERICA OFFICE.
(a) In General.--Chapter 553 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 55341. Establishment of Ship America Office
"(a) Establishment.--The Maritime Administrator shall establish within the Maritime Administration an office to be known as the `Ship America Office'. The Maritime Administrator shall appoint the head of the Ship America Office (in this section referred to as the `Ship America Associate Administrator').
"(b) Duties.--The Ship America Associate Administrator shall have the following duties:
"(1) Providing assistance to private sector entities, Federal financial assistance recipients, Federal agencies, Federal contractors, and owners and operators of oceangoing vessels of the United States to facilitate the movement of commercial and government cargo on vessels of the United States in international commerce.
"(2) Maximizing compliance across Federal agencies with this chapter, section 2631 of title 10, and any other cargo preference law of the United States.
"(3) Providing training and assistance to Federal employees, in all Federal agencies responsible for shipping preference cargo, on the legal obligations under this chapter, section 2631 of title 10, United States Code, and any other cargo preference law of the United States.
"(4) Developing a `Ship America' verification program to develop self-certification industry standards, in partnership with private sector entities, to allow private sector entities to verifiably demonstrate that a product was transported to the United States aboard a vessel of the United States.
"(5) Supporting the efforts of the executive branch to develop and sustain a fleet of vessels of the United States and maritime industrial base to meet the sealift needs of Federal agencies.
"(6) Where practicable, making accessible, and regularly updating, the publicly available contact information for oceangoing vessels of the United States for the purposes of moving international commerce.
"(7) Publishing, and regularly updating, centralized information on the commercial benefits available to private sector entities for moving commercial cargo on oceangoing vessels of the United States.
"(8) Preparing the reports under subsection (c).
"(c) Reports Required.--Not later than 1 year after the date of enactment of this section, and biennially thereafter, the Maritime Administrator, acting through the Ship America Associate Administrator, shall report to the appropriate committees of Congress (as defined in section 3604 of the SHIPS for America Act of 2026) and the Maritime Security Board on--
"(1) the opportunities and challenges faced by commercial entities to move cargo on oceangoing vessels of the United States; and
"(2) recommendations to increase international commerce moving on vessels of the United States.".
(b) Clerical Amendment.--The table of sections for chapter 553 of title 46, United States Code, is amended by adding at the end the following:
"55341. Establishment of Ship America Office.".
SEC. 3655. ALTERNATE STANDARDS.
(a) In General.--Chapter 33 of title 46, United States Code, is amended--
(1) by redesignating sections 3317 and 3318 as sections 3318 and 3319, respectively; and
(2) by inserting after section 3316 the following:
"Sec. 3317. Alternate standards
"(a) In General.--Not later than 1 year after the date of enactment of the SHIPS for America Act of 2026, the Secretary, in consultation with the Maritime Administrator, shall establish alternate standards to allow self-propelled vessels providing oceangoing transportation that are not documented under chapter 121 of this title to receive a certificate of inspection if the vessel will become a documented vessel.
"(b) Requirements.--Under the program established under subsection (a), a self-propelled vessel used to provide oceangoing transportation that is not documented under chapter 121 of this title shall be eligible for a certificate of inspection if the Secretary determines that--
"(1) the owner of the vessel has agreed to apply to have the vessel documented under chapter 121 upon receiving the certificate;
"(2) at the time of the receipt of such certificate, the vessel is eligible for documentation under such chapter;
"(3) the vessel is classed by and designed in accordance with the rules of a classification society accepted by the Secretary;
"(4) the vessel complies with applicable international agreements and associated guidelines, as determined by the country in which the vessel was documented immediately before becoming documented under chapter 121, notwithstanding any other law including any regulation;
"(5) the vessel has been assessed for cybersecurity and surveillance risks; and
"(6) the country in which the vessel was documented immediately before becoming documented under chapter 121 has not been identified by the Secretary as inadequately enforcing international vessel regulations as to that vessel.
"(c) Continued Eligibility for Certificate.--This section does not apply to a vessel after any date on which the vessel fails to comply with the applicable international agreements and associated guidelines referred to in subsection (b)(4).
"(d) Reliance on Classification Society.--
"(1) In general.--The Secretary may rely on a certification from the American Bureau of Shipping or, subject to paragraph (2), another classification society accepted by the Secretary to establish that a vessel is in compliance with the requirements of paragraphs (3), (4), and (6) of subsection (b) and of subsection (c).
"(2) Foreign classification society.--The Secretary may accept certification from a foreign classification society under paragraph (1) only--
"(A) to the extent that the government of the foreign country in which the society is headquartered provides access on a reciprocal basis to the American Bureau of Shipping; and
"(B) if the foreign classification society has offices and maintains records in the United States.
"(e) Rulemaking Procedure.--The Secretary may initiate a rulemaking procedure to implement this standard.
"(f) Savings Provision.--Nothing in this section shall be interpreted to affect requirements related to merchant seamen credentials under part E of subtitle II of this title or the requirements related to manning of vessels under part F of such subtitle.".
(b) Clerical Amendment.--The table of sections for chapter 33 of title 46, United States Code, is amended by striking the items relating to sections 3317 and 3318 and inserting the following:
"3317. Alternate standards. "3318. Fees. "3319. Penalties.".
SEC. 3656.
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RULEMAKING COMMITTEE ON COMMERCIAL MARITIME
REGULATIONS AND STANDARDS.
(a) Definitions.--In this section:
(1) Covered regulation.--The term "covered regulation"--
(A) means a commercial regulation or standard issued by the Coast Guard relating to the operation of vessels in foreign commerce, including--
(i) vessel design and engineering standards;
(ii) merchant mariner training and credentialing; or
(iii) vessel operating and environmental standards; and
(B) does not include any commercial regulation or standard issued by the Coast Guard that exclusively applies to vessels in domestic commerce.
(2) Rulemaking committee.--The term "rulemaking committee" means the committee established under subsection (b).
(3) Secretary.--The term "Secretary" means the Secretary of the department in which the Coast Guard is operating.
(b) Establishment of Rulemaking Committee.--There is established, in the department in which the Coast Guard is operating, a rulemaking committee on commercial maritime regulations and standards to--
(1) review, and develop findings and recommendations regarding, the covered regulations; and
(2) provide to the Secretary a report on opportunities to review and update regulations governing vessel design and engineering, vessel and facility operation and environmental standards, and merchant mariner credentialing, in order to--
(A) revitalize the merchant marine and the commercial maritime industry in the United States; and
(B) better align, and limit redundancies between, the regulatory standards of the Coast Guard and the International Maritime Organization and international treaty requirements, while protecting United States mariners and the United States maritime industry from foreign regulations that undermine the maritime industrial competitiveness of the United States.
(c) Members.--
(1) Composition of rulemaking committee.--The Secretary shall appoint the following as members of the rulemaking committee:
(A) Each of the following Federal officers or employees, or their designees:
(i) The Maritime Security Advisor.
(ii) The Maritime Administrator.
(iii) The Commandant of the Coast Guard.
(iv) The Secretary of Commerce.
(v) The Administrator of the Environmental Protection Agency.
(vi) The Chair of the Federal Maritime Commission.
(vii) The chief United States delegate to the International Maritime Organization.
(B) Representatives from recognized classification societies, including the American Bureau of Shipping.
(C) Representatives of industry, including--
(i) owners and operators of vessels in domestic and foreign commerce of the United States;
(ii) shipbuilders; and
(iii) other representatives of industry the Secretary determines appropriate.
(D) Individuals with a merchant mariner credential, as defined in section 2101 of title 46, United States Code.
(E) Representatives of maritime labor organizations.
(F) Experts in maritime safety and regulatory matters.
(G) Other stakeholders the Secretary determines appropriate.
(2) Period of appointment; vacancies.--
(A) In general.--A member of the rulemaking committee shall be appointed for the life of the rulemaking committee.
(B) Vacancies.--A vacancy in the rulemaking committee--
(i) shall not affect the powers of the rulemaking committee; and
(ii) shall be filled in the same manner as the original appointment.
(3) Chairperson and vice chairperson.--The Secretary shall select a Chairperson and Vice Chairperson from among the members of the rulemaking committee.
(d) Meetings.--
(1) Initial meeting.--Not later than 180 days after the date of enactment of this Act, the Secretary shall convene the rulemaking committee for the first meeting of the rulemaking committee.
(2) Quorum.--A majority of the members of the rulemaking committee shall constitute a quorum, but a lesser number of members may hold hearings.
(e) Duties of Committee.--
(1) Considerations.--The rulemaking committee shall consider each of the following:
(A) How the covered regulations interact with and compare to the treaty requirements and regulations established by the International Maritime Organization, including comparisons and interactions on the basis of--
(i) safety;
(ii) cost;
(iii) enforceability and compliance; and
(iv) international competitiveness.
(B) The benefits and challenges vessel owners and operators and United States mariners encounter when complying with both regulations of the International Maritime Organization and the covered regulations.
(C) The role that covered regulations play in enhancing the size and strength of the merchant marine and the domestic and international fleet of the United States.
(D) Recommended changes to covered regulations, and regulatory frameworks, to better promote alignment with international standards and the standards of countries that are allies and partners, with a focus on--
(i) increasing opportunities for qualified mariners that enter the merchant marine and reducing the barriers that lead qualified mariners to leave the merchant marine;
(ii) increasing the number of vessels documented under the laws of the United States that are operating in domestic and foreign commerce;
(iii) enhancing United States leadership within the International Maritime Organization and other international treaty organizations with a focus on the maritime industry;
(iv) streamlining regulatory processes and processing timelines to minimize duplicative reviews and eliminate preventable delays; and
(v) maintaining and enhancing the safety and security of the merchant marine.
(E) Recommended changes to covered regulations and regulatory frameworks that govern mariner education training requirements, which may include--
(i) expanding the pool of qualified instructors for mariner training programs;
(ii) streamlining requirements related to training facility size and design to improve operational efficiencies at mariner training
facilities, including requirements related to classroom size and design;
(iii) standardizing and streamlining training course and curriculum approval and evaluation to provide more certainty to mariner training programs; and
(iv) enhancing opportunities for mariner training programs to flexibly integrate sea-time into course instruction, consistent with treaty requirements and regulations established by the International Maritime Organization.
(F) Any other matters the Secretary determines appropriate.
(2) Report.--Not later than 12 months after the date of enactment of this Act, the rulemaking committee shall submit to the Secretary a report that includes the findings and recommended changes to covered regulations of the rulemaking committee, as required under paragraph (1).
(f) Powers of Rulemaking Committee.--
(1) Hearings.--The rulemaking committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the rulemaking committee considers advisable to carry out this section.
(2) Information from federal agencies.--
(A) In general.--The rulemaking committee may secure directly from a Federal department or agency such information as the rulemaking committee considers necessary to carry out this section, as permitted by law.
(B) Furnishing information.--On request of the Chairperson of the rulemaking committee, the head of the department or agency shall furnish the information to the rulemaking committee.
(g) Rulemaking Committee Personnel Matters.--
(1) No compensation.--A member of the rulemaking committee shall not be compensated for service on the rulemaking committee.
(2) Travel expenses.--A member of the rulemaking committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the rulemaking committee.
(h) Administration.--Except as specified otherwise in this section, the rulemaking committee shall be treated as a committee established under chapter 151 of title 46, United States Code, for purposes of section 15109 of such title and shall not be considered a temporary organization under section 3161 of title 5, United States Code.
(i) Termination.--The rulemaking committee shall terminate on the earlier of--
(1) the date that is 90 days after the date on which the rulemaking committee submits the report under subsection (e)(2); or
(2) the date that is 7 years after the date on which the rulemaking committee is established.
(j) Duties of the Secretary.--The Secretary shall--
(1) not later than 30 days after receiving the rulemaking committee's report under subsection (e)(2), submit to the appropriate committees of Congress, and make publicly available, a copy of such report and the Secretary's views on the recommendations of the committee; and
(2) not later than 90 days after submitting the report under paragraph (1)--
(A) initiate a rulemaking activity and make such policy and guidance updates determined necessary by the Secretary to address the consensus recommendations reached by the rulemaking committee under subsection (e);
(B) submit a report to the appropriate committees of Congress identifying the recommendations of the rulemaking committee that require legislative changes; and
(C) submit a report to the Secretary of State identifying recommendations of the rulemaking committee that require changes to treaty requirements and regulations established by the International Maritime Organization, including recommendations that should inform the policy of the United States as a member of the International Maritime Organization.
SEC. 3657. AMENDMENTS TO SHIPOWNERS' LIMITATION OF LIABILITY
ACT OF 1851.
(a) In General.--Section 30523 of title 46, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
"(a) Limit of Owner Liability.--
"(1) In general.--Except as provided in section 30524 of this title, the liability of--
"(A) the owner of a vessel of the United States for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight; and
"(B) the owner of a foreign vessel for any claim, debt, or liability described in subsection (b) shall not exceed the amount that is 5 times the value of the vessel and pending freight.
"(2) Multiple owners.--If a vessel has more than one owner, the proportionate share of the liability under paragraph (1) of any one such owner shall not exceed that owner's proportionate interest in the vessel and pending freight."; and
(2) by striking subsection (c) and inserting the following:
"(c) Claims Not Subject to Limitation.--Subsection (a) does not apply to--
"(1) a claim for wages; or
"(2) with respect to the liability of an owner of a foreign vessel, a claim, debt, or liability arising from personal injury or wrongful death of a person who was not a crewmember or passenger of the foreign vessel at the time the injury (including fatal injury, if applicable) occurred.".
(b) Amendment to Cessation of Certain Actions.--Section 30529(c) of title 46, United States Code, is amended by striking "the matter in question" and inserting "a matter subject to consideration for limitation under section 30523 or section 30524".
(c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to any liability subject to section 30523(a) of title 46, United States Code, that arises on or after the date of enactment of this Act.
SEC. 3661. ANTICIPATED COMMERCIAL VESSEL CONSTRUCTION SURVEY.
(a) In General.--Chapter 501 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 50115.
Text printed in the Record (9,297 characters)
Anticipated commercial vessel construction
survey
"(a) Definition.--In this section, `commercial vessel of the United States' means a vessel that is documented under the laws of the United States, not less than 6,000 deadweight tons, and operated in the domestic trade of the United States or foreign commerce, and may include--
"(1) a bulk carrier vessel;
"(2) a tanker vessel;
"(3) a roll-on/roll-off vessel;
"(4) a liquefied natural gas tanker vessel;
"(5) a container vessel;
"(6) a multi-purpose vessel;
"(7) a cable vessel (as defined in section 53201);
"(8) a heavy-lift vessel; or
"(9) any other type of vessel determined appropriate by the Administrator, in consultation with the Maritime Security Board.
"(b) In General.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Maritime Administrator shall conduct a survey of owners, agents, or operators of commercial vessels of the United States to identify plans for the construction, maintenance, and modernization of commercial vessels of the United States.
"(c) Purpose.--The purpose of the survey conducted under this section is to inform the maritime industrial base of the future need for the construction of commercial vessels.
"(d) Inclusions.--In conducting the survey under this section, the Maritime Administrator shall collect the following information from owners, agents, or operators of commercial vessels of the United States who participate in the survey:
"(1) The number of commercial vessels of the United States the participant is looking to construct during the 10-year period beginning on the date on which the participant takes the survey.
"(2) The capabilities of the vessels described in paragraph (1) that the participant is seeking in constructing such vessels.
"(3) Estimated timelines for when the participant aims to place each such vessel into service.
"(4) The number of major repairs of commercial vessels of the United States and overhauls of such commercial vessels the participant is looking to carry out during the 10-year period described in paragraph (1).
"(5) The major components that a shipbuilder would need from industrial base suppliers to support the construction, overhaul, or repair of commercial vessels of the United States during such 10-year period.
"(6) Estimates for the capital expenditures the participant is planning to make for the construction, overhaul, or repair of commercial vessels of the United States during such 10-year period.
"(7) Any additional information the Maritime Administrator determines appropriate.
"(e) Participation.--The Administrator may not require any owner, agent, or operator of a commercial vessel of the United States to participate in the survey unless that owner, agency, or operator is participating in a financial assistance program established under part C of this subtitle.
"(f) Release of Findings.--
"(1) Distribution.--Each year, the Maritime Administrator may release the findings of the survey with shipyards in the United States and other maritime industrial base stakeholders the results of the survey conducted under this section for such year in such a manner as the Administrator determines appropriate.
"(2) Proprietary information.--Notwithstanding any other provision of law, including section 552 of title 5, United States Code, at the request of a survey participant, the Maritime Administrator shall withhold proprietary information provided as a part of a survey conducted under this section.
"(3) Coordination.--To the maximum extent practicable, the Maritime Administrator shall seek to conduct the annual surveys under this section and publish the results of such surveys on a similar timeline as the timeline for the annual naval vessel construction plans under section 231(a)(1) of title 10 and other shipbuilding construction surveys published by other Federal agencies.".
(b) Clerical Amendment.--The table of sections for chapter 501 of title 46, United States Code, is amended by inserting after the item relating to section 50114 the following:
"50115. Anticipated commercial vessel construction survey.".
SEC. 3662. STREAMLINED ENVIRONMENTAL REVIEW.
Section 41001(6) of the Fixing America's Surface Transportation Act (42 U.S.C. 4370m(6)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting "the maritime industry" after "waterways,";
(B) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(C) by inserting after clause (ii) the following:
"(iii) is covered by a programmatic plan or environmental review developed for a project related to the maritime industry;"; and
(2) by adding at the end the following:
"(D) Maritime industry.--For the purposes of subparagraph (A), the term `construction of infrastructure' for the maritime industry includes construction of--
"(i) shipyards and ship repair facilities;
"(ii) port terminals and other port facilities;
"(iii) manufacturing facilities for equipment and technology instrumental to the facilitation of maritime trade and commerce, as defined by the Council; and
"(iv) other industrial base facilities that support the Navy or the merchant marine of the United States.".
SEC. 3663. REPORTS.
(a) Report on National Defense Reserve Fleet.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter, the Maritime Administrator, in consultation with the Commander of the United States Transportation Command and the Secretary of the Navy, and in accordance with paragraph (2), shall submit to the appropriate committees of Congress and the Maritime Security Board a report--
(A) outlining a plan for using shipbuilding financial incentives and the financial incentive programs under subpart C of subtitle V of title 46, United States Code, to supplement the size and readiness of the National Defense Reserve Fleet and to improve national shipbuilding and shipping infrastructure; and
(B) describing ways in which an expanded and creative view of the make-up of vessels with Voluntary Intermodal Sealift Agreements or Voluntary Tanker Agreements and the shipbuilding financial incentives program authorized under such section can be used to ensure government access to other vessels that are critical to national security, such as icebreakers, oil and natural gas tankers, floating dry docks, salvage vessels, dredges, ocean tugs, offshore construction vessels, multi-use workboats, and commercial shipping vessels using small nuclear reactors.
(2) Additional consultation.--In preparing the report under paragraph (1), the Maritime Administrator shall also consult with the Secretary of Commerce and the Secretary of Energy with respect to shipping vessels or mobile maritime power plants using small nuclear reactors.
(b) Report on De-Risking Maritime Sector.--Not later than 180 days after the date of enactment of this Act, and every 2 years thereafter, the Secretary of Defense and the Secretary of Homeland Security, in coordination with the Secretaries of Treasury and State, the Maritime Administrator, and the Director of the Office of Management and Budget, shall submit to the appropriate committees of Congress and the Maritime Security Board a report outlining a comprehensive strategy for de-risking the United States maritime domain from the People's Republic of China and other asymmetric or emerging maritime threats.
(c) Report on Restricting Flow of Capital to CCP.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, the Secretary of Defense, the Secretary of Commerce, the Secretary of State, and the Secretary of the Treasury shall submit to the appropriate committees of Congress and the Maritime Security Board a report on ways and means for restricting the flow of capital from the United States to Chinese Communist Party maritime industries, which shall include recommendations for promoting the flow of capital within and between the United States and treaty allies of the United States. The report shall also include a survey of banks, pension funds, and large financial institutions, with recommendations for ways the United States can incentivize domestic financial investments in the maritime industry.
SEC. 3664. EXPORT CONTROL REPORT.
Not later than 1 year after the date of enactment of this Act, the Secretary of State and the Secretary of Commerce shall jointly submit to Congress a report assessing methods to reduce the use of export controls and other restrictions under the Arms Export Control Act (22 U.S.C. 2751 et seq.) and the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, and the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) and the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations, that limit the ability of foreign-owned marine industrial base companies to participate in the United States shipbuilding industry, specifically including shipbuilding for the Federal Government, while ensuring appropriate safeguards for United States-based firms and American workers.
SEC. 3665.
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ASSESSMENT OF THE USE OF COMMERCIAL BEST PRACTICES
FOR NAVY SHIPBUILDING.
(a) Assessment.--
(1) In general.--The Secretary of the Navy, in coordination with the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating, shall--
(A) conduct an assessment of best practices used in the construction and repair of commercial, oceangoing maritime vessels; and
(B) identify--
(i) opportunities for the Navy and Coast Guard to leverage those best practices to make ship construction and repair efforts of combatant and non-combatant vessels more efficient; and
(ii) advanced technologies that can be leveraged to improve the overall readiness and dominance of the United States maritime fleet (both commercial and military), to specifically include small modular reactors for ship power and propulsion.
(2) Elements.--The assessment required by paragraph (1) shall include the following:
(A) An evaluation of the best practices described in subparagraph (A) of such paragraph, including best practices used by commercial shipyards in foreign allied countries, consideration of commercial design standards, and the vessel construction manager model used to construct the National Security Multi Mission Vessel Program, that could improve the efficiency of shipbuilding and repair by the Navy and Coast Guard.
(B) An identification of commercial-grade components and capabilities being used in state-of-the-art commercial, oceangoing maritime vessels and an assessment of whether the Navy and Coast Guard could better use commercial off-the-shelf components or capabilities to reduce costs, improve efficiencies, or enhance capabilities in the construction of new naval vessels and cutters, and in repair of naval vessels and cutters.
(C) A determination as to whether shipbuilding and acquisition programs of the Navy and Coast Guard use modern best practices from the commercial maritime industry in terms of contracting, ship design, construction, overhaul, and maintenance.
(D) An identification of technologies and procedures that are used in commercial shipbuilding that, if used by the Navy and Coast Guard, would improve the efficiency of designing and constructing new naval vessels.
(E) An identification of technologies and procedures that are used in commercial shipbuilding and repair that, if used by the Navy and Coast Guard, would improve the efficiency of repairing naval vessels.
(F) An identification of opportunities to improve commonality in ship design, ship components, and shipbuilding procedures between commercial, oceangoing maritime vessels, naval vessels, and cutters that could lead to improved efficiencies and a more resilient industrial base to support shipbuilding and repair for military and civil maritime vessels.
(G) An identification of advanced nuclear technologies that are under development for use in commercial shipbuilding that, if used by the Navy and Coast Guard, would improve the operational capability of naval vessels and cutters.
(H) An identification of the barriers preventing or making prohibitive the use of small modular reactors in naval or commercial, oceangoing maritime vessels, including--
(i) ambiguity in regulations governing nuclear propulsion restricting the commercial maritime industry from utilizing nuclear propulsion or collaborating between United States and foreign entities under export controls requirements, including section 744.5 of title 15, Code of Federal Regulations (or a similar successor regulation); and
(ii) a lack of clarity in the meaning of "maritime (civil) nuclear propulsion plant projects" contained in the Export Administration Regulations and "Naval Nuclear Propulsion" contained in the International Traffic in Arms Regulations (Cat VI).
(I) An evaluation of education and technology development best practices used by commercial shipyards in foreign allied countries, and an identification of education and technology development opportunities, that could improve the efficiency of shipbuilding and repair by the Navy and Coast Guard.
(J) An evaluation of whether adoption of the best practices evaluated under subparagraph (A) for the construction and repair of naval vessels and cutters would support the domestic commercial maritime shipbuilding industry, the commercial maritime industrial base, and the merchant marine of the United States.
(b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall provide to the congressional defense committees a briefing on--
(1) the results of the assessment required by subsection (a); and
(2) a plan to execute any measures pursuant to such assessment.
(c) Strategy Required.--Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary of the Navy and Secretary of the Department in which the Coast Guard is operating shall--
(1) provide to the appropriate committees of Congress strategies describing how measures identified as a result of the assessment required by subsection (a) will be incorporated into shipbuilding programs for the Navy and Coast Guard; and
(2) publish a public version of the strategies.
(d) Congressional Defense Committees Defined.--In this section, the term "congressional defense committees" has the meaning given that term in section 101(a) of title 10, United States Code.
SEC. 3666. PLAN OF ACTION FOR USE OF DEFENSE PRODUCTION ACT
OF 1950 AUTHORITIES.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a report on a plan of action for any use of authorities available under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.)--
(1) to establish or enhance a domestic production capability for the construction of militarily useful, commercial maritime vessels that can be operated in foreign commerce or the domestic commerce of the United States;
(2) to establish, improve, or enhance the defense shipyard industrial base; or
(3) to establish, improve, or enhance maritime port infrastructure of the United States, including containers and ship-to-shore cranes that were built in the United States and are owned by citizens of the United States.
(b) Coordination.--The President shall develop the plan of action required by subsection (a) in consultation with--
(1) the maritime security advisor (as established by this title);
(2) the Maritime Security Board (as established by this title);
(3) an advisory committee established under section 708(d) of the Defense Production Act of 1950 (50 U.S.C. 4558(d)); and
(4) such stakeholders in the private sector as the President considers appropriate.
(c) Appropriate Committees of Congress Defined.--In this section, the term "appropriate committees of Congress" means--
(1) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives.
SEC. 3667. MILITARY SEALIFT COMMAND.
(a) Authority To Offer Increased Paid Leave Accrual.--The Secretary of the Navy is authorized to offer government merchant mariners employed by Military Sealift Command paid leave accrual at a faster rate than provided pursuant to the standard General Schedule (GS) system to make government seafaring jobs more competitive with the commercial sector.
(b) Report on Recruiting and Retention Efforts.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Navy, in coordination with the Commander of the Military Sealift Command and the Maritime Security Board, and in consultation with the Commander of United States Transportation Command, the Commander of United States Fleet Forces Command, and the Assistant Secretary of the Navy for Research, Development and Acquisition, shall submit to the appropriate committees of Congress a report on efforts to improve recruitment and retention of Military Sealift Command Mariners.
(2) Elements.--The report required under paragraph (1) shall consider--
(A) opportunities to enhance the integration of Military Sealift Commander civilian mariners into the military command structure;
(B) providing training on the roles and significance of Military Sealift Command civilian mariner workforce to relevant military commands; and
(C) authorities required to improve recruitment and retention of civilian mariners in Military Sealift Command.
(c) Report on Extending Charter Durations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the appropriate committees of Congress a report assessing the merits of extending the maximum charter durations of commercial and specialty vessels for the Military Sealift Command.
SEC. 3668.
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UNITED STATES CENTER FOR MARITIME INNOVATION.
(a) In General.--Section 50307(e) of title 46, United States Code, is amended--
(1) in paragraph (1), by inserting "through the establishment, management, and coordination of geographically and topically diverse maritime incubators" after "maritime transportation system"; and
(2) by striking paragraphs (2), (3), and (4), and inserting the following:
"(2) Cooperative agreement.--The cooperative agreement shall be with an organization or persons with substantial experience in the maritime industry, as determined by the Secretary, in consultation with the Maritime Security Board.
"(3) Selection.--The Center shall be--
"(A) selected through a competitive process of eligible entities, and if a private entity, a domestic entity;
"(B) based in the United States with technical expertise in emerging marine technologies and practices related to the maritime transportation system; and
"(C) located in close proximity to eligible entities with expertise in United States emerging maritime technologies and practices.
"(4) Coordination.--The Secretary of Transportation shall coordinate with the Maritime Security Board and other agencies critical for science, research, and regulation of emerging marine technologies for the maritime sector, including the Department of Defense, the Department of Energy, the Environmental Protection Agency, the National Science Foundation, the Coast Guard, the National Oceanic and Atmospheric Association, and the Marine Board of the National Academies when establishing the Center.
"(5) Responsibilities.--The Center shall carry out the following activities:
"(A) Establish and support maritime incubators in accordance with paragraph (6).
"(B) Accelerate the adoption or integration of commercial technologies within the maritime industry to transform the capacity and capabilities of the merchant marine of the United States.
"(C) Serve as the principal liaison between the Maritime Security Board and maritime incubators.
"(D) Carry out programs, projects, and other activities to strengthen the merchant marine of the United States and the maritime industrial base.
"(E) Coordinate and harmonize the activities of other organizations and elements of the maritime industry on matters relating to commercial technologies, dual use technologies, and the innovation of such technologies.
"(F) Coordinate and advise efforts among elements of the maritime industry on matters relating to the development, procurement, and fielding of nontraditional capabilities and connect entities developing those capabilities with the relevant incubators.
"(G) Coordinate with maritime industry stakeholders to identify operational challenges that have the potential to be addressed through the use of nontraditional capabilities, including dual-use technologies that are being developed and financed in the commercial sector.
"(H) Coordinate with maritime industry stakeholders and relevant Federal agencies to enhance the capacity and performance of seaports of the United States, including through hardening security, enhancing preparedness, and developing United States-based supply chains for port technologies and equipment.
"(I) Coordinate with other research and development programs and centers focused on modes of transportation besides maritime to develop intermodal interoperability with the maritime industry.
"(J) Develop a standard design for commercial vessels and components and features of commercial vessels to be manufactured in the United States, using mature, proven designs, which--
"(i) includes, to the maximum extent practicable, included parts, components, and material manufactured in and sourced from the United States;
"(ii) does not include any parts, components, or materials manufactured by foreign entities of concern or which are produced in foreign countries of concern (as such terms are defined in section 3604 of the SHIPS for America Act of 2026); and
"(iii) includes priorities for design identified in consultation with the Secretary of the Navy, as necessary for strategic sealift, informed by requirements to sustain a wartime economy and military operations.
"(K) Lead engagement with industry, academia, labor organizations, and other nongovernmental entities to develop--
"(i) innovative, commercial, and dual-use manufacturing technologies and processes to construct, rehabilitate, or repair maritime vessels of the Armed Forces or the merchant marine of the United States;
"(ii) additional naval architecture programs at institutions of higher education in the United States and to expand existing naval architecture programs;
"(iii) next-generation propulsion technologies for the merchant marine of the United States, to include small modular reactors, low-emission or carbon capture propulsion technologies, and other renewable energy solutions;
"(iv) new and innovative hardware, software, and systems for remote or autonomous operations at ports, intermodal facilities, or aboard oceangoing vessels;
"(v) technology and infrastructure solutions that enhance the safe operation of oceangoing vessels to protect lives, property, and the environment;
"(vi) solutions to recruit, train, and retain a skilled workforce capable of supporting a vibrant and growing United States maritime industry; and
"(vii) the capacity of international allies and partners of the United States, with respect to manufacturing technologies and processes, to construct, rehabilitate, or repair maritime vessels.
"(L) Work with academic and private sector response training centers and Centers of Excellence for Domestic Maritime Workforce Training and Education to develop maritime strategies and workforce development plans applicable to various segments of the United
States maritime industry, including the inland, deep water, and coastal fleets.
"(M) Establish programs and initiatives to share--
"(i) shipbuilding best practices and maritime technology between vessels of the Department of Defense and commercial vessels of the United States; and
"(ii) port technology and logistics best practices between the Department of Defense and commercial port operators and port authorities within the United States.
"(N) Carry out such other activities as the Maritime Security Board determines appropriate.
"(6) Establishment of maritime incubators.--
"(A) Establishment.--The Center shall, in consultation with the Maritime Security Board, seek out, identify, and support the development of and experimentation with commercial technologies that have the potential to be implemented within the maritime industry, through the establishment of a series of maritime incubators.
"(B) Reflection.--Each incubator shall reflect the unique nature of the region's capabilities and academic and investor base.
"(C) Selection.--Incubators shall be--
"(i) selected through a competitive process of eligible entities, and if a private entity, a domestic entity;
"(ii) based in the United States with technical expertise in emerging marine technologies and practices related to the maritime transportation system;
"(iii) based within a United States maritime security investment zone as defined in section 1400Z-3 of the Internal Revenue Code of 1986 (as added by section 708 of this Act); and
"(iv) topic-specific, according to regional maritime expertise in United States emerging maritime technologies and practices, to include designated incubators focused on--
"(I) clean energy, carbon capture, and alternative fuels;
"(II) ports and shoreside infrastructure;
"(III) vessel design and naval architecture;
"(IV) shipbuilding and next generation manufacturing;
"(V) advanced materials for ship construction; and
"(VI) other areas for maritime innovation and technology, as determined by the Center in coordination with the Maritime Security Board.
"(D) Incubator responsibilities.--Each maritime incubator shall--
"(i) serve as the principal liaison between the Center and individuals and entities that can contribute to innovation within the maritime industry, including other maritime incubators under this subsection, entrepreneurs, startups, commercial technology companies, and venture capital sources; and
"(ii) establish and support multi-stakeholder research and innovation partnerships, as described in subparagraph (G).
"(E) Report.--Each incubator shall submit quarterly activity and status reports to the Center.
"(F) Review and termination.--
"(i) In general.--The Maritime Administrator may, in consultation with the Maritime Security Board, terminate an agreement with an eligible entity selected to lead a maritime incubator if the Administrator certifies that the eligible entity is failing to meet the requirements of this section.
"(ii) Reselection.--If the Administrator terminates an agreement with an eligible entity to lead a maritime incubator, the Center shall initiate a new selection process as required under subparagraph (C) to select a new eligible entity.
"(iii) Review of eligible entities.--Not later than 5 years after the establishment of maritime incubators under this paragraph, and every 5 years thereafter, the Administrator, in coordination with the Maritime Security Board, shall conduct a review of all eligible entities selected to lead a maritime incubator and confirm the entity is adequately fulfilling the requirements of this section.
"(G) Multi-stakeholder partnerships.--
"(i) In general.--The maritime incubators established under this subsection shall establish and support multi-stakeholder research and innovation partnerships that--
"(I) have the potential to generate technologies, processes, products, or other solutions that support the United States maritime industry;
"(II) have as an objective the technology transfer or commercialization of the work product generated by the partnership, which may include work product that incorporates intellectual property developed by the Federal Government and licensed to the partnership in accordance with clause (iii); and
"(III) incentivize and expand geographically diverse participation in graduate and undergraduate institutions of higher education, community college, and other workforce programs relevant to the maritime industry.
"(ii) Support provided.--Support provided by the maritime incubator to a multi-stakeholder research and innovation partnership under this subsection may include--
"(I) providing funding or other resources to the partnership;
"(II) participating in the partnership;
"(III) providing technical and technological advice and guidance to the partnership;
"(IV) suggesting and introducing other participants for inclusion in the partnership;
"(V) providing the partnership with insight into desired solutions for defense and security needs;
"(VI) providing access to Ready Reserve ships for testing new technologies and conducting research, as the maritime incubator determines appropriate, in coordination with the Center and the Administrator; and
"(VII) such other forms of support as the Center, in consultation with maritime incubators and Maritime Security Board, determines appropriate.
"(iii) Availability of intellectual property.--To the extent the Center determines appropriate, the Center, in coordination with the maritime incubators, shall seek to actively inform potential participants in multi-stakeholder research and innovation partnerships of the availability of intellectual property developed by the Federal Government that may be licensed to the partnership.
"(7) Report.--Not later than 180 days after the date of enactment of the SHIPS for America Act of 2026, and annually thereafter, the Center shall submit to the Maritime Security Board and the appropriate congressional committees a report on the activities, advances, outcomes, and work product of the maritime incubators and the multi-stakeholder research and innovation partnerships supported under this
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subsection.
"(8) Definitions.--In this subsection:
"(A) Multi-stakeholder research and innovation partnership.--The term `multi-stakeholder research and innovation partnership' means a partnership composed of any combination of 2 or more of the following:
"(i) Institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) with research and innovation capability.
"(ii) Nonprofit organizations that provide policy, research, outreach, operations, organizational, management, testing, evaluation, technology transfer, legal, financial, or advocacy expertise.
"(iii) For-profit commercial enterprises that may be publicly or privately owned, early stage or mature, and incorporated or operating by another ownership structure.
"(iv) Centers of excellence for domestic maritime workforce training and education (established under section 51706).
"(v) Maritime labor organizations.
"(vi) Departments or agencies of the Federal Government with expertise, operations, or resources related to the objectives of the multi-stakeholder research and innovation partnership.
"(vii) State maritime academies (as defined in section 51102(4)).
"(viii) The United States Merchant Marine Academy.
"(ix) National research laboratories with expertise, operations, or resources related to the objectives of the partnership.
"(x) Operators and users of vessels of the University-National Oceanographic Laboratory System.
"(B) Nontraditional capability.--The term `nontraditional capability' means a solution to an operational challenge that can significantly leverage commercial innovation or external capital with minimal dependencies on fielded systems.
"(C) Maritime industry.--The term `maritime industry' includes--
"(i) shipbuilders and ship repair facilities;
"(ii) ship owners;
"(iii) port operators;
"(iv) personnel of the merchant marine of the United States;
"(v) manufacturers of equipment, software, and technology instrumental to the facilitation of maritime trade and commerce; and
"(vi) other members of the industrial base that support the Navy or the merchant marine of the United States.".
(b) Transition.--A Center for Maritime Innovation established by the Secretary of Transportation through a cooperative agreement pursuant to section 50307 of title 46, United States Code, as of the day before the date of enactment of this Act shall--
(1) be deemed to be the United States Center for Maritime Innovation under section 50307 of title 46, United States Code, as of the date of enactment of this Act, with all the authorities granted by such section; and
(2) coordinate activities of the Center with the Maritime Security Board pursuant to subsection (e)(4) of such section, as amended by this title.
SEC. 3669. NATIONAL SHIPBUILDING RESEARCH PROGRAM.
Section 50105(c) of title 46, United States Code, is amended to read as follows:
"(c) National Shipbuilding Research Program.--
"(1) In general.--The Maritime Administrator shall establish and carry out, in coordination with the Secretary of the Navy, the National Shipbuilding Research Program.
"(2) Purposes.--The purpose of the National Shipbuilding Research Program shall be to develop plans for the economical construction of vessels and their propelling machinery, of most modern economical types, giving thorough consideration to all well-recognized means of propulsion and taking into account the benefits from standardized production where practicable and desirable.
"(3) Activities.--The National Shipbuilding Research Program shall--
"(A) support technology transfers and industry networking;
"(B) select and execute research and development projects, which may include--
"(i) advancing best practices in shipbuilding and ship repair, including alternative project management and project financing arrangements for shipyards, such as public-private financing;
"(ii) improving efficiency across the shipyard industrial base of the United States; and
"(iii) developing, maturing, and implementing industry-relevant shipbuilding and sustainment technologies;
"(C) carry out ad hoc initiatives focused on specific target areas in shipbuilding and ship repair; and
"(D) carry out additional activities as determined by the Maritime Administrator or the Secretary of Defense.".
SEC. 3670. ASSESSMENT ON MARITIME INFRASTRUCTURE READINESS.
(a) In General.--Not later than 180 days after the date of enactment of this Act, the Maritime Administrator shall submit to Congress a report on the status and resources and authorities needed to execute and complete necessary vessels, harborcraft, port, shipyard, and other infrastructure improvements to ensure the national security interests of the United States and support the domestic and foreign commerce of the United States.
(b) Contents.--The report under subsection (a) shall include--
(1) consideration of existing literature and reporting from Federal and non-Federal sources;
(2) an assessment of the number of commercial shipping vessels by class required to sustain a peace-time and wartime national economy;
(3) an assessment of opportunities to leverage private sector funding to enhance the capability of marine infrastructure of the United States;
(4) an evaluation of future infrastructure needs to support alternative fuels for vessels and harborcraft;
(5) an assessment of an ability to construct and repair seaports and shipyards during national security emergencies, including readiness to construct temporary facilities, and carry out marine salvage and firefighting operations; and
(6) an evaluation of the possible effects on the commercial operations of United States ports and other critical infrastructure of prohibiting any entity that owns or operates a port or terminal in the United States from using or sharing data with--
(A) LOGINK;
(B) any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People's Republic of China; or
(C) any logistics platform that shares data with a system described in subparagraph (A) or (B).
(c) Definitions.--
(1) Critical infrastructure.--The term "critical infrastructure" has the meaning given the term in section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)).
(2) LOGINK.--The term "LOGINK" means the public, open, shared logistics information network known as the National Public Information Platform for Transportation and Logistics by the Ministry of Transport of the People's Republic of China.
SEC. 3671. ELIGIBILITY FOR EDUCATIONAL ASSISTANCE.
(a) In General.--Chapter 521 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 52102. Eligibility for educational assistance
"(a) Eligibility.--A covered individual shall be treated as an individual described in section 3311(b)(1) of title 38, United States Code, for purposes of entitlement to educational assistance under chapter 33 of such title.
"(b) Covered Individual.--
"(1) In general.--In this section, the term `covered individual' means an individual who--
"(A) served as a full-time, credentialed United States Merchant Mariner for not less than 10 years;
"(B) as a result of such service received the Merchant Marine Expeditionary Medal or another award for service in a designated combat zone after the date of enactment of this section; and
"(C) is not eligible under any other provision of law for benefits under laws administered by the Secretary of Veterans Affairs.
"(2) Full-time, credentialed united states merchant mariner.--For purposes of paragraph (1), serving as a `full-time, credentialed United States Merchant Mariner' means possession of a Merchant Mariner Credential authorized by the Coast Guard and employment on board a vessel of the United States for not less than 150 days in a calendar year.
"(c) Reimbursement.--There is authorized to be appropriated to the Secretary of Veterans Affairs such sums as may be necessary to carry out this section from the Maritime Security Trust Fund established under section 50301(b) of this title.".
(b) Clerical Amendment.--The table of sections for chapter 521 of title 46, United States Code, is amended by adding at the end the following:
"52102. Eligibility for educational assistance.".
SEC. 3672. ELIGIBILITY OF MARINERS TO ATTEND NAVAL
POSTGRADUATE SCHOOL.
(a) In General.--Section 8545 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new paragraph:
"(3) The Secretary may permit an officer or unlicensed mariner of the United States Merchant Marine to receive instruction at the Naval Postgraduate School.";
(2) in subsection (b)(1), by adding at the end the following new sentence: "The Secretary of Transportation shall bear the cost of the instruction received by officers and unlicensed mariners of the United States Merchant Marine detailed for that instruction."; and
(3) in subsection (c), by inserting ", and officers and unlicensed mariners of the United States Merchant Marine," after "Coast Guard".
(b) Report Required.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Defense, shall submit to Congress a report assessing what matters relating to military training it would be beneficial for mariners to study at the Naval Postgraduate School.
SEC. 3673. REIMBURSEMENT OF QUALIFYING SPOUSE RELICENSING
COSTS AND BUSINESS COSTS.
(a) In General.--Chapter 521 of title 46, United States Code, as amended by section 3671, is further amended by adding at the end the following:
"Sec. 52103.
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Reimbursement of qualifying spouse relicensing
costs and business costs
"(a) In General.--The Secretary of Transportation shall establish a program to reimburse an individual serving in the merchant marine of the United States for qualified relicensing costs and qualified business costs of the spouse of that individual when the individual relocates to a new jurisdiction or geographic area as the result of a reassignment as a result of service as a commissioned officer in the Navy Reserve (including the Strategic Sealift Officer Program, Navy Reserve), the Coast Guard Reserve, or any other reserve component of the Armed Services of the United States.
"(b) Limitations.--
"(1) Relicensing.--Reimbursement provided to a member under this subsection for qualified relicensing costs may not exceed $1,000 in connection with each relocation described in paragraph (1).
"(2) Business costs.--Reimbursement provided to a member under this subsection for qualified business costs may not exceed $1,000 in connection with each relocation described in paragraph (1).
"(3) Deadline.--No reimbursement may be provided under this subsection for qualified relicensing costs or qualified business costs paid or incurred after December 31, 2036.
"(c) Qualified Relicensing Costs.--In this section, the term `qualified relicensing costs' means costs, including exam, continuing education courses, business license, permit, and registration fees, incurred by the spouse of an individual serving in the merchant marine of the United States if--
"(1) the spouse was licensed or certified in a profession, or owned a business, during the individual's previous assignment and requires a new professional license or certification, or business license or permit, to engage in that profession in a new jurisdiction because of the individual's relocation described in paragraph (1); and
"(2) the costs were incurred or paid to secure or maintain the professional license or certification, or business license or permit, from the new jurisdiction in connection with such relocation.
"(d) Qualified Business Costs.--In this section, the term `qualified business costs' means costs, including moving services for equipment, equipment removal, new equipment purchases, information technology expenses, and inspection fees, incurred by the spouse of an individual serving in the merchant marine of the United States if--
"(1) the spouse owned a business during the individual's previous assignment and the costs result from the individual's relocation described in paragraph (1); and
"(2) the costs were incurred or paid to move such business to a new location in connection with such relocation.".
(b) Clerical Amendment.--The table of sections for chapter 521 of title 46, United States Code, as amended by section 3671, is further amended by adding at the end the following:
"52103. Reimbursement of qualifying spouse relicensing costs and business costs.".
SEC. 3674. NONCOMPETITIVE ELIGIBILITY FOR FEDERAL EMPLOYMENT.
(a) Amendment.--Chapter 521 of title 46, United States Code, as amended by sections 3682 and 3684, is amended by adding at the end the following:
"Sec. 52104. Noncompetitive eligibility for Federal
employment
"(a) Definition of Agency.--In this section, the term `agency'--
"(1) has the meaning given the term `Executive agency' in section 105 of title 5, United States Code;
"(2) includes the United States Postal Service and the Postal Regulatory Commission; and
"(3) does not include the Government Accountability Office.
"(b) Appointment Authority.--The head of an agency may appoint noncompetitively--
"(1) a graduate of the United States Merchant Marine Academy who has met all of the requirements of their cadet commitment agreement under section 51306 of title 46, United States Code; or
"(2) a credentialed United States Merchant Mariner with an officer or rating endorsement who has completed not less than 7 years of service aboard a vessel of the United States.".
(b) Clerical Amendment.--The table of sections for chapter 521 of title 46, United States Code, as amended by sections 3682 and 3684, is amended by adding at the end the following:
"52104. Noncompetitive eligibility for Federal employment.".
SEC. 3675. UNITED STATES MERCHANT MARINE CAREER RETENTION
PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it takes years of training and experience, and costly license trainings, to earn mariner qualifications;
(2) with just around 12,000 merchant mariners of the United States operating oceangoing vessels, compared with China's more than 1,700,000 seafarers, the United States may not have a sufficient number of mariners to fully power the strategic sealift vessels necessary in a future prolonged conflict;
(3) the United States requires a qualified workforce of sufficient size that is ready and available to crew vessels of the United States for national defense or national emergency; and
(4) a workforce committed to take all measures possible to expand, develop, and protect the domestic maritime workforce should--
(A) support a retention program to permit credentialed merchant mariners to maintain recency through a coordinated Federal program, in coordination with maritime labor organizations; and
(B) implement civil service, workplace, and hiring protections.
(b) Amendment.--Chapter 521 of title 46, United States Code, as amended by sections 3682, 3684, and 3685, is further amended by adding at the end the following:
"Sec. 52105. United States Merchant Marine Career Retention
Program
"(a) Establishment.--The Maritime Administrator shall establish a program, to be known as the `United States Merchant Marine Career Retention Program', to ensure that a qualified workforce of sufficient size is ready to crew strategic sealift vessels in the event of a national defense or national emergency activation. Through the United States Merchant Marine Career Retention Program, the Maritime Administrator shall establish and administer mechanisms to register merchant mariners and mariner employers to participate in the Program.
"(b) Implementation.--The Maritime Administrator shall--
"(1) appoint a board of directors to oversee the United States Merchant Marine Career Retention Program;
"(2) appoint and facilitate a working group to recommend policies, procedures, and a prioritization matrix for the United States Merchant Marine Career Retention Program, which shall be composed of representatives from major stakeholders, including maritime labor organizations, credentialed United States Merchant Mariners, vessel owners, vessel operators, the United States Merchant Marine Academy, State maritime academies, United States Military Sealift Command, and other likely employers of members of the United States Merchant Marine Career Retention Program; and
"(3) submit to Congress an annual evaluation of the United States Merchant Marine Career Retention Program.
"(c) Membership in United States Merchant Marine Career Retention Program.--
"(1) In general.--There shall be 2 paths to enrollment in the United States Merchant Marine Career Retention Program as described in paragraphs (2) and (3).
"(2) Members who work ashore who hold mariner qualifications.--
"(A) Opportunities.--The United States Merchant Marine Career Retention Program shall provide individuals who hold Coast Guard issued mariner qualifications who work ashore with an opportunity to maintain, or potentially upgrade, their mariner qualifications and credentials by--
"(i) providing qualified service at sea on vessels of the United States; and
"(ii) participating in compulsory training.
"(B) Structure.--The United States Merchant Marine Career Retention Program shall be open for enrollment to both licensed and unlicensed mariners and provide members with an 8-3-1 schedule as follows:
"(i) 8 months shoreside employment.
"(ii) 3 months sailing employment designed to ensure that members meet the minimum sea-time requirement to maintain the credentials required by the Standards of Training, Certification, and Watchkeeping certification, or, depending on mariner and employer requirements, more frequent, but shorter-duration sailing assignments.
"(iii) 1 month vacation, which is in addition to vacation provided by the shoreside employer.
"(C) Ashore employers.--
"(i) Employer obligations.--The employer of a member of the United States Merchant Marine Career Retention Program described under this paragraph shall grant the member--
"(I) an unpaid leave of absence for the duration of the member's training, sailing, and vacation with the United States Merchant Marine Career Retention Program; and
"(II) the same or an equivalent position with the employer when the member returns from training, sailing, or vacation with the United States Merchant Marine Career Retention Program.
"(D) Sea day assignments.--The United States Merchant Marine Career Retention Program shall, with respect to members described under this paragraph--
"(i) maintain records of each member's qualifications, sea time, and availability, and prioritize assignments on these and other factors with the goal of maximizing the United States Merchant Marine Career Retention Program readiness to support strategic sealift;
"(ii) maintain a `job call' program office that coordinates how jobs become available for members from State maritime academies, vessel operating companies, maritime labor organizations, United States Military Sealift Command, and other organizations responsible for crewing vessels of the United States of qualifying tonnage or horsepower;
"(iii) establish partnerships with State maritime academies and the United States Military Sealift Command that aim to establish reliable crewing jobs with job cycles that maximize the readiness of United States Merchant Marine Career Retention Program;
"(iv) dispatch members to fill available jobs, prioritizing maximizing readiness for strategic sealift, taking into consideration mariner availability and credentials, sea time requirements to maintain merchant mariner credentials, predicted program demand for specific ratings, and expected expansion or contraction of the program's membership; and
"(v) coordinate with vessel operators and labor organizations to ensure that members in the United States Merchant Marine Career Retention Program are given opportunities to fulfill their sea time and maintain the credentials required by the Standards of Training, Certification, and, Watchkeeping certification.
"(E) USERRA protections.--Members of the United States Merchant Marine Career Retention Program described under this paragraph shall be entitled to protections and obligations under chapter 43 of title 38 (commonly known as the `Uniformed Services Employment and Reemployment Rights Act').
"(F) Requirement.--A member in the United States Merchant Marine Career Retention Program described under this paragraph may not fail to accept a sea day assignment and remain in good standing with the Program, unless a hardship exemption is provided by the Maritime Administrator under subsection (e).
"(3) Members serving on foreign vessels.--
"(A) In general.--The United States Merchant Marine Career Retention Program shall be open for enrollment to individuals who--
"(i) hold Coast Guard issued merchant mariner credentials required by the Standards of Training, Certification, and Watchkeeping Certification;
"(ii) have completed their service obligations with respect to any previous enrollment in a Federal or State maritime academy, if applicable; and
"(iii) are serving on a foreign vessel (as defined in section 110) that is not owned by a foreign entity of concern (as that term is defined in section 3604 of the SHIPS for America Act of 2026) or a vessel registered under a registry of a foreign country of concern or operated under the authority of a foreign country of concern (as that term is defined in such section
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3604).
"(B) Requirement.--Members of the United States Merchant Marine Career Retention Program described under this paragraph shall maintain--
"(i) Standards of Training, Certification, and Watchkeeping Certification currency;
"(ii) a valid merchant mariner credential, unlimited as to horsepower or tonnage, issued by the United States Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;
"(iii) a valid transportation worker identification credential;
"(iv) a Coast Guard medical certificate; and
"(v) classes and certifications described in subparagraph (C).
"(C) Certifications.--The Administrator shall publish a list of classes and certifications required for individuals described in subparagraph (A) to be eligible for the United States Merchant Marine Career Retention Program.
"(D) Rule of construction.--Nothing in subparagraph (A) shall be construed to allow the United States Coast Guard to prevent or delay a merchant mariner who is otherwise eligible from attaining a more advanced rank or credential for Merchant Mariners sailing on foreign vessels.
"(E) USERRA protections.--Members of the United States Merchant Marine Career Retention Program described under this paragraph shall be entitled to protections and obligations under chapter 43 of title 38 (commonly known as the `Uniformed Services Employment and Reemployment Rights Act').
"(d) Enforcement.--The Maritime Administrator shall ensure all members of the Merchant Marine Career Retention Program remain in good standing with the requirements of the Program.
"(1) Enforcement.--Subject to paragraph (2), members found to be in noncompliance with the requirements of the Program shall--
"(A) have their reservist status terminated; and
"(B) forfeit the protections provided under chapter 43 of title 38 (commonly known as the `Uniformed Services Employment and Reemployment Rights Act').
"(2) Exception.--In cases where the Maritime Administrator determines a hardship exists, which prevents the mariner from meeting the requirements of the Program, the requirements of paragraph (1) shall not apply.".
(c) Clerical Amendment.--The table of sections for chapter 521 of title 46, United States Code, as amended by sections 3682, 3684, and 3685, is amended by adding at the end the following:
"52105. United States Merchant Marine Career Retention Program.".
SEC. 3676. MARITIME WORKFORCE PROMOTION AND RECRUITMENT.
Section 539A(a) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159) is amended by striking "the heads of such other Federal agencies as the Secretary determines appropriate" and inserting "the Maritime Security Board".
SEC. 3677. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME
WORKFORCE TRAINING AND EDUCATION.
Section 51706(c)(1)(B)(iii) of title 46, United States Code, is amended by striking "nonprofit entity" and inserting "entity".
SEC. 3678. MARITIME CAREER AND TECHNICAL EDUCATION ADVISORY
COMMITTEE.
(a) Definitions.--In this section:
(1) Administrator.--The term "Administrator" means the Maritime Administrator.
(2) Advisory committee.--The term "Advisory Committee" means the Maritime Career and Technical Education Advisory Committee established under subsection (b).
(b) Advisory Committee Plan and Establishment.--
(1) Plan.--Not later than 180 days after the date of enactment of this Act, the Administrator shall develop a plan, and notify Congress of such plan, to establish a Maritime Career and Technical Education Advisory Committee to--
(A) bring representatives of maritime industrial base employers and education providers together to identify joint opportunities to train needed workers for maritime careers; and
(B) develop and disperse best practices and recommendations for the improvement of shipbuilding education and training programs, naval architecture education programs, and merchant marine training and certification programs.
(2) Establishment.--Not later than 1 year after the date of enactment of this Act, the Administrator shall establish the Advisory Committee.
(c) Membership.--
(1) Administrator.--The Advisory Committee shall include the Administrator (or a delegate of the Administrator) who shall serve as Chair of the Advisory Committee.
(2) Representatives.--The Advisory Committee shall be composed of representatives from each of the following, to be appointed the Administrator:
(A) Maritime education, including representatives from--
(i) the Centers of Excellence for Domestic Maritime Workforce Training and Education designated by the Maritime Administration, taking into consideration--
(I) geographic diversity; (II) the rate of employment after graduation; (III) training or skillset diversity; and (IV) other qualities as determined by the Administrator;
(ii) the United States Naval Sea Cadet Corps;
(iii) kindergarten through grade 12 maritime education programs designated by the Maritime Administration;
(iv) the oceanographic science community, including from a University-National Oceanographic Laboratory System institution; and
(v) institutions of higher education.
(B) The maritime workforce, including representatives from--
(i) skilled workers representing a wide swath of the career and technical maritime industry both onshore and offshore;
(ii) career and technical education certified instructors; and
(iii) maritime labor organizations.
(C) Maritime industry, including representatives from--
(i) shipbuilding, ship repair, and shipyard industry stakeholders;
(ii) maritime industrial base coalitions;
(iii) shipping industry stakeholders; and
(iv) owners and operators of vessels of the United States.
(D) Technical nonprofit organizations with expertise in the maritime industry, including representatives from--
(i) think tanks;
(ii) recognized classification societies; and
(iii) professional societies.
(E) The Federal Government, including representatives from--
(i) the Department of Education;
(ii) the Department of Labor;
(iii) the Department of Transportation;
(iv) the Department of the Navy;
(v) the United States Coast Guard;
(vi) the National Oceanic and Atmospheric Administration;
(vii) the Army Corps of Engineers; and
(viii) the Federal Maritime Commission.
(F) Any other representatives that the Maritime Administrator determines appropriate to appoint.
(d) Meetings.--
(1) In general.--The Advisory Committee shall meet not less often than annually.
(2) Quorum established.--Two thirds of all members appointed by the Administrator under subsection (c) shall constitute a quorum for a meeting of the Advisory Committee.
(3) Working groups.--The Advisory Committee shall include working groups that shall meet not less often than quarterly each year.
(e) FACA.--Chapter 10 of title 5, United States Code, shall apply to the Advisory Committee.
(f) Development of Curricula.--Consistent with the purposes of the Advisory Committee established in subsection (b) and applicable law (including regulations), the Advisory Committee shall recommend curricula for key skills for maritime professionals and make such curricula publicly available to institutions of higher education, career and technical education schools, and State maritime academies.
(g) Reporting.--The Advisory Committee shall submit to the appropriate committees of Congress and the Maritime Security Board and publish on the website of the Maritime Administration, an annual report that includes best practices and policy recommendations, as described in subsection (b).
(h) Rule of Construction.--Nothing in this section shall be construed to create new regulatory authority or supersede existing law (including regulations) as of the day before the date of enactment of this Act, relating to shipbuilding education and training programs, naval architecture education programs, and merchant marine training and certification programs.
SEC. 3679. MILITARY CANDIDATES TO MARINER CAREERS RECRUITMENT
EXCHANGE.
(a) Duties of Secretary of Defense.--The Secretary of Defense shall--
(1) encourage and incentivize military recruiters to recommend the United States Department of Transportation Maritime Administration to potential recruits who do not qualify for military service in the Armed Forces; and
(2) establish a mechanism for military recruiters to introduce recruits described in paragraph (1) who are interested in maritime service to representatives from the Maritime Administration, in accordance with the procedures established under subsection (b).
(b) Duties of the Maritime Administrator.--The Maritime Administrator shall--
(1) establish a mechanism to receive recruitment referrals from military recruiters;
(2) provide hand-off services to connect recruits with educational resources and institutions, recognized Maritime Centers of Excellence, eligible maritime industry employers, and other maritime industry career services, as appropriate;
(3) track the number of referrals from the Department of Defense; and
(4) track the number of recruits who enroll in maritime industry programs, to the extent practicable.
(c) Reporting Requirement.--
(1) Briefing on the implementation strategy.--Not later than 90 days after the date of enactment of this Act, the Maritime Administrator, in coordination with the Secretary of Defense, shall submit a briefing to the appropriate committees of Congress about a strategy for implementing the activities required under this section, including--
(A) a timeline for implementation; and
(B) the identification of the Department of Defense recruiter incentives and training required for maximum utility in carrying out such activities.
(2) Annual report on program efficacy.--One year after the date of enactment of this Act, and annually thereafter, the Maritime Administrator, in coordination with the Secretary of Defense, shall submit a report to the appropriate committees of Congress on the efficacy and utility of the activities carried out under this section, including--
(A) the number of Department of Defense referrals to the Maritime Administration;
(B) the number of Maritime Administration hand-offs to the maritime industry;
(C) an assessment of the efficacy of the activities carried out under this section; and
(D) challenges and recommendations relating to such activities.
SEC. 3680.
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MARITIME WORKER DATA COLLECTION.
(a) Publication of Report.--The Maritime Administrator shall publish an biennial report on the state of the merchant mariner workforce.
(b) Completion of Report.--The Maritime Administrator shall complete the biennial report required under subsection (a) or enter into a contract with another entity to complete the report.
(c) Content of Report.--The biennial report required under subsection (a) shall include, at minimum--
(1) a count of United States Merchant Mariners with valid merchant mariner credentials and credentials in continuity endorsement;
(2) a count of inactive but credentialed and formerly credentialed United States Merchant Mariners, to the extent practicable, and an evaluation of--
(A) the challenges to identifying such individuals;
(B) opportunities to partner with Federal, State, local, and non-government entities to identify such individuals; and
(C) an action plan of how to implement the opportunities described under subparagraph (B);
(3) a count of United States mariners and foreign workers employed on vessels, rigs, platforms, and other vehicles or structures off the coast of the United States and an evaluation of the percentage of United States and foreign workers employed on--
(A) coastwise-endorsed vessels; and
(B) vessels of the United States which do not have a coastwise endorsement;
(4) a listing of actively operating vessels of the United States;
(5) a report of merchant mariner requirements needed in the event of a national defense sealift operation and any gaps identified in quantity and quality, and other variables of concern, as determined by the Administrator;
(6) a general outlook for the future of the merchant mariner industry and potential gaps or surpluses of merchant mariners;
(7) identification of any concerns in the credentialing of merchant mariners, which may include general processing issues, shortage of training providers or instructors, and barriers to entry due to costs to the economically disadvantaged; and
(8) recommendations, based on data collected, on ways to--
(A) improve retention of existing merchant mariners;
(B) create expedited pathways for mariners with expired credentials to renew their credentials; and
(C) encourage new merchant mariners to enter the industry.
(d) Accessibility of Data.--
(1) In general.--Except as provided in paragraph (2), the Maritime Administrator, and any authorized agent of the Maritime Administrator, shall have full access to available Coast Guard mariner credentialing data, in a manner that ensures the protection of personally identifiable information, in order to complete the report required under subsection (a).
(2) Exception.--The Maritime Administrator, and any authorized agent of the Maritime Administrator, may not have access to confidential medical information pursuant to paragraph (1).
SEC. 3681. MILITARY TO MARITIME TRANSITION.
(a) Recommendations Required.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Navy, the Secretary of the Air Force, the Secretary of the Army, the Secretary of the department in which the Coast Guard is operating, the Maritime Security Board, the Department of Veterans Affairs, and the Department of Labor, shall submit a report to the appropriate committees of Congress containing--
(1) recommendations about how to increase and improve opportunities for transitioning servicemembers to secure employment in the maritime industry at sea and shoreside; and
(2) a plan to implement those recommendations.
(b) Considerations.--In carrying out subsection (a), the Secretary of Defense shall--
(1) identify barriers that servicemembers face when trying to transition to the United States maritime industry, including the merchant marines, shipbuilding, ship repair, and shipping;
(2) consider opportunities to improve, expedite, and alleviate the burdens on servicemembers transitioning to the maritime industry, including efforts to--
(A) inform transitioning servicemembers of employment opportunities in the United States maritime industry;
(B) assist transitioning servicemembers in determining how their military credentials and experience translate to credentialed civilian employment in the maritime industry;
(C) increase the establishment and uptake of accelerated or bridge programs to assist separating members of the Armed Forces in translating military credentials and experience into maritime industry credentials and employment;
(D) increase the availability and accessibility of preparatory activities under the SkillBridge program established under section 1143(e) of title 10, United States Code, in the United States maritime industry;
(E) incorporate the maritime industry in the Transition Assistance Program, as described in chapter 58 of title 10, United States Code; and
(F) enhance the activities carried out pursuant to the Military to Mariners Act of 2022 (section 11514 of division K of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263)); and
(3) specifically consider the transition of servicemembers to employment in the shipbuilding and ship repair maritime industries.
SEC. 3682. EARLY MARITIME EDUCATION AND YOUTH INVOLVEMENT.
(a) Secretary of the Navy Budget Request.--In the Secretary of the Navy's annual budget submission to Congress, the Secretary of the Navy shall include, as a distinct item, the funding request for the United States Naval Sea Cadet Corps.
(b) Engagement With Elementary School and Secondary School Students.--The Maritime Administrator shall encourage designated Centers of Excellence for Domestic Maritime Workforce Training and Education to engage with students in kindergarten through grade 12.
SEC. 3683. INTERNATIONAL SCHOLARSHIP FOR MARINER AND NAVAL
ARCHITECTURE EXCHANGES.
(a) In General.--The Maritime Administrator shall establish an international exchange program for mariners, naval architects, and marine engineers between the United States and countries described in subsection (b).
(b) Eligible Participants.--In carrying out the program under this section, the Administrator shall limit participation to United States citizens and citizens of--
(1) member countries of NATO;
(2) treaty allies of the United States; and
(3) major non-NATO allies of the United States.
(c) Placements.--In carrying out the program under this section, the Administrator shall seek corporate and government partners for placement of eligible participants of the program.
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SEC. 3684. UNITED STATES MERCHANT MARINE ACADEMY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the United States Merchant Marine Academy, one of our Nation's 5 Federal service academies, is vital to our national security, and modernizing the Academy's aging infrastructure and investing in faculty and students must be congressional priorities;
(2) sufficient funding must be provided to enable the maximum student enrollment that the campus infrastructure of the United States Merchant Marine Academy can support; and
(3) considering the Academy's role as a co-equal military service academy, the United States Merchant Marine Academy should be included in the rotation of presidential attendance at graduations.
(b) Campus Modernization Plan.--Chapter 513 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 51329. Campus modernization plan
"(a) In General.--Not later than 30 days after the date of enactment of this section, the Secretary shall implement the Department of Transportation's 2025 Campus Modernization Plan for the phased rehabilitation, modernization, and construction of facilities and infrastructure at the United States Merchant Marine Academy.
"(b) Requirements.--For the duration of the Campus Modernization Plan implemented under subsection (a), the Administrator shall ensure that the Academy remains fully operational.
"(c) Reporting.--The Secretary of Transportation shall provide a briefing once every 6 months to the appropriate committees of Congress on the status of the implementation of the 2025 Campus Modernization Plan, as provided under subsection (a).".
(c) Report on Enrollment.--Not later than 180 days after the date of enactment of this Act, the Maritime Administrator shall submit a report to the appropriate committees of Congress identifying the additional resources needed to increase enrollment at the United States Merchant Marine Academy.
SEC. 3685. STATE MARITIME ACADEMIES.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Maritime Administrator shall submit a report to Congress containing the results of a study to evaluate the additional resources needed to allow State maritime academies to increase enrollment and produce additional mariners.
(b) Need for Additional State Maritime Academies.--Such study shall consider whether there is a need for additional State maritime academies in States that do not operate a maritime academy.
SEC. 3686. ENFORCEMENT OF SERVICE OBLIGATION REQUIREMENTS.
(a) In General.--The Maritime Administrator shall ensure that--
(1) each citizen who is appointed as a cadet at the United States Merchant Marine Academy and signs a cadet commitment agreement under section 51306 of title 46, United States Code, meets the service obligation requirements of that agreement; and
(2) each individual that signs a student incentive payment agreement under section 51509 of title 46, United States Code, meets the service obligation requirements under that agreement.
(b) Reporting Requirement.--The Maritime Administrator shall establish an electronic system through which each individual with a service obligation under such section 51306 or 51509 (referred to in this section as a "service-obligated mariner") shall annually demonstrate that they are meeting their service obligation or have a valid deferment consistent with section 51310 of title 46, United States Code, or section 51510 of title 46, United States Code, as applicable.
(c) Notification of Violation.--The Maritime Administrator shall transmit a written notice to each service-obligated mariner who
fails to meet the reporting requirement of subsection (b), notifying such individual of the applicable penalties established under section 51306 of title 46, United States Code, or section 51509 of title 46, United States Code, for failure to carry out the applicable service requirements, including cost recovery.
(d) Report to Congress.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Maritime Administrator shall submit to the appropriate committees of Congress a report on the status of all service-obligated mariners, which shall include--
(1) information about how each service-obligated mariner is meeting their service obligation requirement, which shall be based on the results of the data collected under subsection (b);
(2) the number of service-obligated mariners who have not met their service obligation and have not complied with the reporting requirement under subsection (b); and
(3) the number of actions taken by the Maritime Administrator under sections 51306(b), 51306(d), 51306(f), and 51509(g) to recover costs from service-obligated mariners who have not demonstrated that they have met their service obligation requirements.
SEC. 3687. FUEL FUNDING FOR TRAINING SHIPS OPERATED BY STATE
MARITIME ACADEMIES.
(a) Conforming Amendment.--Section 51504 of title 46, United States Code, is amended by striking subsection (f) and inserting the following:
"(f) Fuel Costs.--Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel provided under this section while used for training in accordance with section 51512.".
(b) Amendment.--Chapter 515 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 51512. Funding for training ships operated by State
maritime academies
"(a) Fuel Funding.--
"(1) In general.--Subject to the availability of appropriations, the Secretary shall pay to each State maritime academy the costs of fuel used by a vessel that is loaned to the State maritime academy in accordance with section 51504 while used for training.
"(2) Maximum amounts.--The amount of the payment to a State maritime academy under subsection (a) may not exceed $20,000,000 for each of fiscal years 2027 through 2036.
"(3) Prohibition.--Maritime academies that receive funding under subsection (a) may not--
"(A) profit from charging cadets to go to sea for their licensing when using federally provided fuel; or
"(B) utilize the vessel as housing for students outside of seasonal training cruises, unless students elect voluntarily to live aboard the vessel.
"(4) Requirement.--Each State maritime academy that receives fuel costs under this section shall offer billets for liaison officers from each military service during the time such vessel is provided to that State maritime academy.
"(b) Crew.--
"(1) In general.--Each State maritime academy shall make crew positions available on a vessel that is loaned to the State maritime academy for mariners enrolled in the United States Merchant Marine Career Retention Program established under section 52105.
"(2) Crew funding.--For each crew slot filled by a mariner enrolled in the career retention program, as provided for under paragraph (1), the Secretary shall pay the crew costs for that mariner, subject to the availability of appropriations.".
(c) Clerical Amendment.--The table of sections for chapter 515 of title 46, United States Code, is amended by adding at the end the following:
"51512. Fuel funding for training ships operated by State maritime academies.".
SEC. 3688. STATE MARITIME ACADEMY SEA TERM SCHOLARSHIP
PROGRAMS.
(a) In General.--Chapter 515 of title 46, United States Code, as amended by section 3700, is further amended by adding at the end the following:
"Sec. 51513. State Maritime Academy Sea Term Scholarship
Programs
"(a) In General.--The Maritime Administrator shall work with private entities in the maritime industry to establish a scholarship program--
"(1) for students at State maritime academies to offset expenses associated with completion of a summer sea term to receive sea-time required to earn a Coast Guard license; and
"(2) which is entirely or predominantly funded through contributions from a private entity.
"(b) Contributed Funds.--The Maritime Administrator shall enter into a cooperative agreement, or other agreement, with private entities in the maritime industry to accept funding from private entities for the purpose of establishing such a scholarship program. The cooperative agreement may include any terms considered necessary by the Maritime Administrator.
"(c) Privileges.--The Maritime Administrator may provide certain privileges to a private entity who contributes funds for a scholarship program under this section, including opportunities to provide information about employment opportunities with the private entity to students enrolled in the scholarship program.
"(d) Structure.--In establishing a scholarship program to offset expenses associated with a summer sea term--
"(1) the Maritime Administrator may enter into an agreement with a student at a State maritime academy that has an agreement with the Secretary of Transportation under section 51505 of this title, to offset expenses associated with completion of a summer sea term; or
"(2) the Maritime Administrator may enter into an agreement with a State maritime academy that has an agreement with the Secretary of Transportation under section 51505 of this title, to offset expenses for all students who participate in a summer sea term program.
"(e) Relationship to Financial Assistance Programs.--Recognizing the need for licensed merchant mariners, the Maritime Administrator shall encourage participants of the financial assistance programs under part C of this subtitle, to enter into agreements under this section to establish scholarship programs to offset expenses associated with summer sea term.
"(f) Requirements for Students.--Any student who benefits from a scholarship program under this section shall enter into an agreement with the Maritime Administrator which requires the student to--
"(1) complete the course of instruction at the academy the individual is attending;
"(2) obtain a merchant mariner license, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within 3 months of completion of the course of instruction at the academy the individual is attending;
"(3) serve in a position that supports the foreign and domestic commerce and the national defense of the United States for at least 1 year after graduation from the academy--
"(A) as a merchant marine officer on a documented vessel or a vessel owned and operated by the United States Government or by a State; or
"(B) as a commissioned officer on active duty in an Armed Force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration, or in other maritime-related Federal employment which serves the national security interests of the United States, as determined by the Maritime Administrator; and
"(4) report to the Maritime Administrator on compliance with this subsection.".
(b) Clerical Amendment.--The table of sections for chapter 515 of title 46, United States Code, as amended by section 3700, is further amended by adding at the end the following:
"51513. State Maritime Academy Sea Term Scholarship Programs.".
SEC. 3689.
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NAVAL JOINT EXERCISE INVOLVEMENT FOR TRAINING
SHIPS OPERATED BY STATE MARITIME ACADEMIES.
(a) In General.--The Secretary of the Navy, in coordination with the Maritime Administrator, shall, to the extent practicable, include in national and international maritime warfare exercises not less than 1 training vessel used by a State maritime academy and maintained pursuant to section 51504 of title 46, United States Code, in order to provide an opportunity to integrate merchant mariners with naval and military operations.
(b) Participants.--Subject to guidance issued by the Secretary of the Navy and Maritime Administrator, an individual may participate in the exercise aboard that training ship if the individual is--
(1) a licensed merchant mariner; or
(2) a student from the United States Merchant Marine Academy, a State maritime academy, a Center of Excellence for Domestic Maritime Workforce Training and Education, or a merchant marine center established under section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197), as added by section 3677 of this title.
(c) Priority.--In selecting participants under subsection (b) the Administrator shall give priority to students described in paragraph (2) of subsection (b).
(d) Vessels.--In coordination with the Secretary of the Navy, the Maritime Administrator shall rotate training vessels to ensure that each training vessel described in subsection (a) has an equal opportunity to participate in such exercises.
SEC. 3690. MERCHANT MARINER CREDENTIALING MODERNIZATION.
(a) Merchant Mariner Credentialing Modernization.--The Secretary of the department in which the Coast Guard is operating shall carry out necessary system and process changes to carry out the activities described in paragraphs (1) through (4).
(1) Licensing, certification, and documentation database.--Replacement of the merchant mariner licensing, certification, and documentation database such that the database allows for--
(A) the electronic submission of merchant mariner credential applications (including
sea service, professional qualifications, course completion data, safety and suitability, and medical records) and course approval requests;
(B) direct submission of sea service information from employers and course completion data from training providers and other stakeholders to provide data securely and directly so that documentation does not need to be submitted later by the merchant mariner; and
(C) the electronic processing and evaluation of information for the issuance of credentials and course approvals, including the capability for the Secretary to complete remote evaluation of the information submitted.
(2) System for data exchange.--Implementation of a system that provides for the exchange of data with government agencies and industry stakeholders, which provides the Maritime Administration and other agencies, as appropriate, anonymized and aggregated data showing the following:
(A) The total amount of sea service for individuals with a valid merchant mariner credential.
(B) The number of credentialed mariners by individual rating and the capability to filter data by endorsements.
(C) Demographic information, including age, gender, ethnicity, and address or location.
(D) National Maritime Center processing times.
(E) The number of Coast Guard approved training providers, and, for each such training provider, the number of courses taken by individuals who have, or who are applying for, a merchant mariner credential from that training provider.
(3) Public facing portal.--Implementation of a system that includes a public facing portal in the .gov domain instead of the .mil domain to accept merchant mariner applicant information, including credential applications, course completion data, and course approval requests, that complies with the requirements for cybersecurity and privacy information of electronic systems in the .gov domain.
(4) Examination processes.--Upgrading the examination processes for merchant mariner examinations, by--
(A) implementing an examination regime that provides for electronic and third party administration of examinations;
(B) reassessing the content of tests through the development of job task analysis for all credentials; and
(C) implementing a robust system to analyze examination data.
(b) Report.--The Secretary of the department in which the Coast Guard is operating shall submit--
(1) an annual report to the Committee on Commerce, Science, and Transportation, the Committee on Appropriations, and the Committee on Armed Services of the Senate, and the Committee on Transportation and Infrastructure, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives, on the progress of the system and process changes required under subsection (a); and
(2) a final report to those Committees 1 year after full operating capability of the complete system, comprised of all 4 systems required under subsection (a).
SEC. 3691. INSPECTIONS FOR TRANSPORTATION SECURITY.
(a) In General.--Chapter 81 of part F of subtitle II of title 46, United States Code, is amended by adding at the end the following:
"Sec. 8109. Inspections for transportation security
"(a) In General.--
"(1) Inspection.--The Secretary shall periodically, but not less than once annually, inspect each covered facility to verify that the owner or operator of the covered facility has a valid exemption under subsection (c) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)).
"(2) Covered facility.--In this subsection, the term `covered facility' means a vessel, rig, platform, or other vehicle or structure that, but for an exemption under subsection (c) of section 30 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(c)) would otherwise be subject to the regulations under subsection (a)(3) of such section.
"(b) Transportation Security Card.--During an inspection under this section, the Secretary shall confirm that all crew members that are required to have a transportation worker identification credential pursuant to section 70105 have such a credential.".
(b) Clerical Amendment.--The table of sections for chapter 81 of title 46, United States Code, is amended by adding at the end the following:
"8109. Inspections for transportation security.".
SEC. 3692. RENEWAL OF MERCHANT MARINER LICENSES AND
DOCUMENTS.
Section 7507 of title 46, United States Code, is amended by adding at the end the following:
"(d) Renewal.--With respect to any renewal of a valid merchant mariner credential issued under this part that is not an extension under subsection (a) or (b), the validity period of such credential shall begin the day after the expiration of the current credential.".
SEC. 3693. REACTIVATION OF EXPIRED LICENSE.
(a) In General.--Chapter 75 of subtitle II of part E, of title 46, United States Code, is amended by adding at the end the following:
"Sec. 7512. Authority for reactivation of United States
Merchant Mariner credentials
"(a) Licenses and Certificates of Registry.--Notwithstanding sections 7106 and 7107, the Secretary of the department in which the Coast Guard is operating may renew for not more than 2 years an expired license or certificate of registry issued for an individual under chapter 71 if the Secretary determines that the renewal is in response to a national emergency declared by Congress or declared under section 201 of the National Emergencies Act (50 U.S.C. 1621), as deemed necessary by the Secretary.
"(b) Merchant Mariner Documents.--Notwithstanding section 7302(g), the Secretary may renew for not more than 2 years an expiring merchant mariner's document issued for an individual under chapter 73 if the Secretary determines that the renewal is in response to a national emergency proclaimed by the President or declared by Congress, as deemed necessary by the Secretary.
"(c) Manner of Renewal.--Any renewal granted under this section may be granted to individual seamen or a specifically identified group of seamen.".
(b) Clerical Amendment.--The table of sections for chapter 75 of title 46, United States Code, is amended by adding at the end the following:
"7512. Authority for reactivation of United States Merchant Mariner credentials.".
Page 1518, line 6, strike " $15,000,000" and insert "$20,000,000".
Page 1518, after line 9, insert the following (and redesignate the subsequent subparagraphs accordingly):
(B) $20,000,000 shall be to support the United States Center for Maritime Innovation under section 50307(e) of title 46, United States Code;
Strike section 3522 and insert the following:
SEC. 3522. FEDERAL SHIP FINANCING PROGRAM IMPROVEMENTS.
(a) Section 53701 of title 46, United States Code, is amended--
(1) in paragraph (3), by inserting "retrofitting, reconfiguration, or similar work, as well as" after "include";
(2) by redesignating paragraphs (5), (6), and (7) as paragraphs (7), (8), and (10) respectively and redesignating paragraphs (8) through (15) as paragraphs (12) through (19) respectively;
(3) by inserting after paragraph (4) the following:
"(5) Eligible export vessel.--The term `eligible export vessel' means a vessel that--
"(A) is constructed, reconstructed, or reconditioned in the United States for use in world-wide trade; and
"(B) will, on delivery or redelivery, become or remain documented under the laws of a country other than the United States.
"(6) Fishing.--The term `fishing' has the meaning given such term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
Text printed in the Record (7,289 characters)
1802).";
(4) by inserting after paragraph (8), as redesignated by paragraph (2), the following new paragraph:
"(9) General shipyard facility.--The term `general shipyard facility' means--
"(A) for operations on land--
"(i) a structure or appurtenance thereto designed for the construction, reconstruction, repair, rehabilitation, or refurbishment of a vessel, including a graving dock, building way, ship lift, wharf, or pier crane;
"(ii) the land necessary for the structure or appurtenance; and
"(iii) equipment that is for use with the structure or appurtenance and that is necessary for performing a function referred to in clause (i); and
"(B) for operations not on land, a vessel, floating drydock, or barge built in the United States and used for, equipped to be used for, or of a type normally used for, performing a function referred to in subparagraph (A)(i)."; and
(5) by inserting after paragraph (10), as redesignated by paragraph (2), the following new paragraph:
"(11) Modern shipbuilding technology.--The term `modern shipbuilding technology' means the best available proven technology, techniques, and processes appropriate to enhancing the productivity of shipyards, including engineering design, quality assurance, concurrent engineering, continuous process production technology, energy efficiency, waste minimization, design for recyclability or parts reuse, inventory management, upgraded worker skills, and communications with customers and suppliers."; and
(6) in paragraph (15), as so redesignated, by inserting "used"" before "fishing vessels".
(b) Section 53702(b) of title 46, United States Code, is amended--
(1) in the subsection heading by striking "Direct Loans for Fisheries" and inserting "Direct Loans";
(2) in paragraph (1) by inserting "used" before "fishing vessel"; and
(3) in paragraph (4) by striking "the purpose of" and all that follows through "financing the purchase" and inserting "the purpose of financing the purchase".
(c) Section 53703 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking "signed application" and inserting "completed application";
(B) by striking paragraph (2) and inserting the following:
"(2) Additional information.--
"(A) The Secretary or the Administrator may--
"(i) request from an applicant additional information required to complete the review of an application; and
"(ii) establish a deadline for the applicant to provide such information.
"(B) If the applicant does not respond to the request for additional information, the Secretary or Administrator may--
"(i) notify the applicant that processing of the application will be suspended until the additional information is received; and
"(ii) toll the time for the decision."; and
(2) in subsection (c), by amending paragraph (1)(D) to read as follows:
"(D) recommend financial covenants or financial ratios to be met by the applicant during the time a guarantee under this chapter is outstanding that are--
"(i) based on the financial covenants or financial ratios that are then applicable to the obligor under private sector credit agreements, if any; or
"(ii) in lieu of other financial covenants appropriate to the obligor under this chapter when evaluating the risks of the project for compliance with the requirements of section 53708 of this title; and".
(d) Section 53704 of title 46, United States Code, is amended--
(1) in subsection (a), by striking the second sentence and inserting the following: "Of that amount
"(1) $850,000,000 shall be limited to obligations by the Secretary related to fishing facilities and used vessels; and
"(2) $3,000,000,000 shall be limited to obligations related to eligible export vessels."; and
(2) in subsection (c)(4)--
(A) in subparagraph (I) by striking "; and" and inserting a semicolon;
(B) in subparagraph (J) by striking the period at the end and inserting "; and"; and
(C) by adding at the end the following:
"(K) if applicable, the country risk for each eligible export vessel financed or to be financed by an obligation.".
(e) Section 53706(a) of title 46, United States Code, is amended--
(1) in paragraph (1)(A)--
(A) by striking "Financing (including reimbursement of an obligor for expenditures previously made for) the construction, reconstruction, or reconditioning, of a vessel" and inserting "Financing, including reimbursement of an obligor for expenditures previously made for, the construction, reconstruction, reconditioning, or purchase of a vessel (including an eligible export vessel)";
(B) in clause (iv) by striking the last "or";
(C) in clause (v) by striking the period; and
(D) by adding at the end the following:
"(vi) as an eligible export vessel in worldwide trade; or
"(vii) in the fishing industry or seafood related trade."; and
(2) by striking paragraph (8).
(f) Section 53707 of title 46, United States Code, is amended--
(1) in subsection (b) by striking "construction, reconstruction, or reconditioning" and inserting "construction, reconstruction, reconditioning, or purchase"; and
(2) in subsection (c) by inserting "or Administrator" after "Secretary".
(g) Section 53708 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in the subsection heading--
(i) by striking "Fishing"; and
(ii) by inserting "Fishing" before "Facilities"; and
(B) by amending paragraph (1) to read as follows:
"(1) in the case of a used vessel, reconstructed or reconditioned in the United States and will contribute to the development of the United States commercial shipbuilding or fishing industries; or"; and
(2) by adding at the end the following:
"(f) Limitation.--The Administrator may not guarantee or make a commitment to guarantee an obligation under this chapter if the Secretary determines such guarantee or commitment is inconsistent with the wise use of the fisheries resources and the development, advancement, management, conservation, and protection of the fisheries resources consistent with the Magnuson Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).".
(h) Section 53709 of title 46, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
"(b) Limitation on Amount Borrowed.--Except as otherwise provided, the principal amount of an obligation guaranteed under this chapter may not exceed 87.5 percent of the actual cost or depreciated actual cost, as determined by the Secretary or Administrator, of the vessel used as security for the guarantee."; and
(2) in subsection (e) by inserting "or Administrator" after "Secretary".
(i) Section 53107(a)(4)(A) of title 46, United States Code, is amended by inserting "or, in the case of an eligible export vessel, of the appropriate foreign authorities under a treaty, convention, or other international agreement to which the United States is a party" after "Coast Guard".
(j) Section 53714(b) of title 46, United States Code, is amended by adding at the end the following:
"(6) Fees in excess of the cost of a project.--For projects where the minimum percentage rate calculated under paragraph (5) exceeds the cost of a project required by section 53704(c) of this title and section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
Text printed in the Record (8,160 characters)
661a) such minimum percentage rate may be reduced to not exceed the cost of the project.".
(k) Section 53715 of title 46, United States Code, is amended--
(1) in subsection (a)(1)(B), by deleting "75 percent or 87.5 percent, whichever is applicable under section 53709(b) of this title," and inserting "the percent applicable under section 53709(b)"; and
(2) in subsection (e)(1)(A)(ii), by deleting "75 percent or 87.5 percent, whichever is applicable under section 53709(b) of this title," and inserting "the percent applicable under section 53709(b)".
(l) Section 53723 of title 46, United States Code, is amended--
(1) in subsection (a) by striking "shall be paid in cash." and inserting the following: "shall be--
"(1) paid in cash; and
"(2) include any applicable principal, interest, capitalized interest, premium, and late charges, if the obligation is held by the Federal Financing Bank.";
(2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and
(3) by inserting after subsection (a) the following:
"(b) Subrogation.--If the Secretary or the Administrator makes a payment under this section, the Secretary or the Administrator shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements.".
(m) Section 53733 of title 46, United States Code, is amended--
(1) by striking subsection (a) and redesignating subsections (b) through (e) as subsections (a) through (d), respectively;
(2) in subsection (a), as so redesignated,--
(A) by striking "advanced shipbuilding technology and modern shipbuilding technology" and inserting "shipyard capital improvements, including infrastructure and modern shipbuilding technology,"; and
(B) by striking "Only a private shipyard is eligible to receive a guarantee" and inserting "To be eligible to receive a guarantee the obligor must have the authority to modify the general shipyard facility";
(3) in subsection (c), as so redesignated, by striking "advanced shipbuilding technology" and inserting "shipyard capital improvements, infrastructure,"; and
(4) by inserting the following new subsection (e):
"(e) Made in America.--The Administrator must exclude foreign components from a project eligible for a guarantee under this section, unless the Administrator grants a waiver based on non-availability of such foreign components due to timely availability, sufficient quality, or price competitive basis."; and
(5) by striking subsection (f).
(n) Section 53734 of title 46, United States Code, is amended--
(1) in subsection (a)(1) by inserting "fishing, or other seafood related," before "coastwise, intercoastal, or foreign trade";
(2) in subsection (b)(2) by striking "construction or reconstruction of the vessel" and inserting "construction or refinancing and reconstruction of the vessel"; and
(3) by adding at the end the following:
"(f) Applicability.--Guarantees made under subsection (a) for the construction or refinancing and reconstruction of a vessel designed and to be used in fishing or seafood related trade or an eligible export vessel shall be made only with funds, including funds for the cost of guaranteed loans, appropriated on or after the date of enactment of the National Defense Authorization Act for Fiscal Year 2027.".
(o) Eligibility.--Notwithstanding any requirements that such vessel be reconstructed, reconditioned, or repaired to qualify for a guarantee of an obligation, for a period of 2 years after the date of enactment of this Act, a fishing vessel greater than 79 feet overall in length built and documented after January 1, 2021, shall be eligible for a guarantee of an obligation from the Administrator under chapter 537 of title 46, United States Code.
(p) Savings Clause.--Nothing in this section, or the amendments made by this section, shall limit the authority of the Secretary of Commerce to provide direct loan obligations authorized by section 211(e) of the American Fisheries Act (Public Law 105-277).
(q) Repeal in National Defense Authorization Act.--Sections 3506(i)(2) and 3506(1)(2) of the National Defense Authorization Act of Fiscal Year 2020 (Public Law 116-92) are repealed, and the provisions of law that were repealed or amended by these sections are reenacted and amended, respectively, to read as if such sections were not enacted.
Page 1546, line 12, insert "(a) In General.--" before "Section".
Page 1548, after line 7, insert the following:
(b) Technical Amendment.--The chapter heading for chapter 541 of title 46, United States Code, is amended by striking "MISCELLANEOUS" and inserting "SMALL SHIPYARD GRANT PROGRAM".
Page 1548, line 10, insert "(a) In General.--" before "Section".
Page 1550, after line 5, insert the following:
(b) Chapter 504.--Chapter 504 of title 46, United States Code, is amended by inserting before section 50402 the following:
"Sec. 50401. Maritime workforce advisory committee
"(a) Establishment.--There is established a National Maritime Workforce Advisory Committee (in this section referred to as the `Committee').
"(b) Function.--The Committee shall advise the Secretary of Transportation on matters relating to the skills, training, and numbers of workers necessary to maintain the United States maritime industrial base workforce, including the merchant marine, shipyards, and associated activities.
"(c) Membership.--
"(1) In general.--The Committee shall consist of not more than 25 members appointed by the Secretary in accordance with this section and section 15109.
"(2) Expertise.--Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee.
"(3) Representation.--At least 1 member of the Committee shall represent 1 of the following:
"(A) Ocean Common Carriers.
"(B) State maritime academies.
"(C) Centers of excellence designated under section 54101.
"(D) Unlicensed merchant mariner labor unions.
"(E) Licensed merchant mariner labor unions.
"(F) Shipyard labor unions.
"(G) Shipyards.
"(H) Vessel design and construction entities.
"(I) Post-secondary education vocational training.
"(J) Secondary education vocational training.
"(K) Offshore energy production.
"(L) Offshore support.
"(4) Administration.--For purposes of section 15109--
"(A) the Committee shall be treated as a committee established under chapter 151; and
"(B) the Secretary of Transportation shall fulfill all duties and responsibilities and have all authorities of the Secretary of Homeland Security with regard to the Committee.".
Strike section 3529 and insert the following:
SEC. 3529. TECHNICAL CORRECTIONS TO CHAPTER 3 ANALYSIS.
The analysis for chapter 3 of title 14, United States Code, is amended to read as follows:
"Sec. "301. Grades and ratings.
"302. Commandant; appointment. "303. Vice Commandant; appointment. "304. Retirement of Commandant or Vice Commandant. "305. Vice admirals. "306. Retirement. "307. Vice admirals and admiral, continuity of grade. "308. Chief Acquisition Officer. "309. Office of the Coast Guard Reserve; Director. "310. Director of Coast Guard Investigative Service. "311. United States Coast Guard Band; composition; Director. "312. Western Alaska Oil Spill Planning Criteria Program. "313. Chief of Staff to President: appointment. "314. Captains of the port. "315. Congressional affairs; Director. "316. Commandant Advisory Judge Advocate. "317. Special Advisor to Commandant for Tribal and Native Hawaiian affairs. "318. Judge Advocate General; Deputy Judge Advocate General: appointment; duties.
"331. Centers of expertise for Coast Guard prevention and response. "332. Marine industry training program. "333. Training courses on workings of Congress. "334. National Coast Guard Museum. "335. Environmental Compliance and Restoration Program. "336. Unmanned system program and autonomous control and computer vision technology project. "337. Coast Guard Junior Reserve Officers' Training Corps. "338. Redistricting notification requirement. "339. Prevention and response workforces.".
Page 1556, after line 15, insert the following:
SEC. 3532.
Text printed in the Record (9,176 characters)
UNITED STATES COAST GUARD CORROSION CONTROL
ASSISTANCE TEAM PILOT PROGRAM.
(a) Establishment of Pilot Program.--
(1) Establishment.--Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard, acting through the Assistant Commandant for Acquisition, shall establish and carry out a pilot program, to be known as the "United States Coast Guard Corrosion Control Assistance Team Pilot Program", to provide corrosion prevention and control assistance to Coast Guard field units.
(2) Authorities.--In carrying out the pilot program established under paragraph (1), the Commandant shall--
(A) provide on-site corrosion prevention and control technical advisory services and direct assistance to Coast Guard field units upon request;
(B) develop and maintain a repository of corrosion prevention and control best practices and lessons learned applicable to Coast Guard maritime assets;
(C) assess corrosion conditions and recommend corrective and preventive maintenance actions at Coast Guard units;
(D) support training and education of Coast Guard personnel in corrosion prevention and control techniques; and
(E) collect data and metrics necessary to assess the effectiveness of the pilot program and inform future programmatic decisions.
(3) Pilot program objectives.--In carrying out the pilot program established under paragraph (1), the Commandant shall specifically seek to--
(A) demonstrate the feasibility and effectiveness of a Coast Guard-specific corrosion control assistance capability;
(B) apply lessons learned from the Navy's Corrosion Control Assistance Team program and other Department of Defense corrosion programs to the unique operational environment of the Coast Guard;
(C) quantify the impact of corrosion prevention and control interventions on Coast Guard asset readiness and service life; and
(D) develop recommendations related Coast Guard anti-corrosion prevention and control initiatives.
(b) Activities.--In carrying out the pilot program established under subsection (a), the Commandant may--
(1) procure equipment, tools, and materials necessary for corrosion assessment and control activities;
(2) train program personnel;
(3) contract with non-Federal entities for technical expertise and advisory services; and
(4) develop data systems and information management tools to support program operations.
(c) Organization and Staffing.--
(1) Corrosion control assistance teams.--
(A) In general.--In carrying out the pilot program established under subsection (a), the Commandant shall establish not fewer than 2 Corrosion Control Assistance Teams consisting of qualified corrosion prevention and control specialists.
(B) Team composition.--Each Corrosion Control Assistance Team shall consist of personnel with technical expertise in--
(i) marine coatings and surface preparation;
(ii) cathodic protection systems;
(iii) coatings and corrosion control training;
(iv) corrosion control of C5I (Command and Control, Communications, Computers, Combat Systems, and Intelligence) systems;
(v) corrosion engineering and failure analysis; and
(vi) preventive maintenance program development.
(C) Qualifications.--
(i) In general.--Members of the Corrosion Control Assistance Team shall possess relevant technical certifications, including corrosion control credentials from AMPP (including certified Coating Inspectors, Protective Coatings Specialists, Cathodic Protection Specialists, and Corrosion Specialists) and commensurate demonstrated expertise, as determined by the Commandant.
(ii) Accreditation.--Firms performing the work should be AMPP QP 5 Accredited.
(2) Contracts.--In establishing and staffing the pilot program, the Commandant may contract with private sector entities possessing relevant technical expertise.
(d) Reporting Requirements.--
(1) Interim report.--Not later than 18 months after the date on which the pilot program commences operations, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an interim report on the pilot program that includes--
(A) a summary of field unit visits conducted and services provided;
(B) preliminary data on the impact of program activities on asset readiness and maintenance costs; and
(C) any significant challenges encountered in program implementation and proposed corrective actions.
(2) Final report.--Not later than 90 days before the date on which the pilot program is scheduled to terminate under subsection (e), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the pilot program that includes--
(A) a comprehensive assessment of the effectiveness of the pilot program in achieving the objectives described in subsection (c)(3);
(B) quantified metrics on improvements in asset service life and operational readiness attributable to pilot program activities;
(C) lessons learned from the pilot program;
(D) a detailed assessment of the feasibility and projected cost of a permanent, full-scale Coast Guard corrosion prevention and control program; and
(E) a recommendation from the Commandant on whether to establish such a permanent program, and if so, a proposed program structure, staffing plan, and funding requirements.
(3) Publication.--The Commandant shall make each report required under this subsection publicly available on a publicly accessible website of the Coast Guard.
(e) Duration of Pilot Program.--
(1) In general.--The pilot program shall terminate on the date that is 3 years after the date on which the pilot program commences operations.
(2) Extension.--The Commandant may extend the pilot program for a period of not more than 2 additional years if the Commandant determines, and notifies the committees specified in subsection (d) not later than 180 days before the termination date, that--
(A) the pilot program has demonstrated sufficient effectiveness to warrant continuation; and
(B) additional time is needed to collect data necessary to make a final determination on the establishment of a permanent program.
(f) Coast Guard-Specific Adaptations.--
(1) In general.--In carrying out the pilot program, the Commandant shall, where appropriate, develop Coast Guard-specific adaptations of Department of Defense corrosion prevention and control standards and processes.
(2) Adoption of navy ccat procedures and standards.--The Commandant shall specifically seek to, wherever practicable, adopt Navy Corrosion Control Assistance Team operational procedures and technical standards that are applicable to Coast Guard assets.
(g) Implementation Plan.--Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation plan for the pilot program that includes--
(1) identification of the Coast Guard districts or units to be served during the initial phase of the pilot program;
(2) a proposed schedule for commencing pilot program operations; and
(3) a framework for measuring and reporting pilot program outcomes, including specific performance metrics.
SEC. 3533. DOMESTIC PROCUREMENT OF COAST GUARD BUOY, ANCHOR
AND MOORING CHAIN.
Section 1154 of title 14, United States Code, is amended to read as follows:
"Sec. 1154. Procurement of buoy, anchor, and mooring chain
"(a) In General.--Except as provided in subsection (b), the Secretary may not procure buoy, anchor, or mooring chain for use on United States Coast Guard cutters, vessels, or shore facilities--
"(1) that is not manufactured in the United States; or
"(2) substantially all of the components of which are not produced or manufactured in the United States.
"(b) Exception and Notice.--
"(1) Exception.--The Secretary may procure buoy, anchor, or mooring chain that is not manufactured in the United States if the Secretary determines that--
"(A) the price of buoy, anchor, or mooring chain manufactured in the United States is unreasonable;
"(B) a sufficient quantity of satisfactory quality buoy, anchor, or mooring chain which the requirement in subsection (a) applies is not available;
"(C) application of the requirement in subsection (a) would be inconsistent with the public interest or national security; or
"(D) emergency circumstances exist.
"(2) Notice.--Not later than 30 days after making a procurement under the exception under this subsection, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of the Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the procurement and basis for the procurement.".
At the end of title XXXV, add the following:
SEC. 35__. COMMERCIAL SHIPBUILDING INFRASTRUCTURE PROGRAM.
Section 54101 of title 46, United States Code, is amended to read as follows:
"Sec. 54101.
Text printed in the Record (11,364 characters)
Commercial shipbuilding infrastructure program
"(a) Establishment.--
"(1) In general.--Subject to the availability of appropriations, the Maritime Administrator shall carry out a program to provide financial assistance to shipyards for the purposes described in subsection (c).
"(2) Goal.--The goal of the program shall be to fund eligible projects that will foster technical skills and operational productivity relating to shipbuilding, ship repair, and associated industries.
"(b) Grant Authority.--
"(1) In general.--In carrying out the program, the Maritime Administrator shall make grants to eligible applicants, on a competitive basis, in accordance with this section.
"(2) Administrative costs.--Not more than 2 percent of amounts made available to carry out the program authorized by this section may be used for necessary costs of administration of the program authorized by this section.
"(3) Availability.--
"(A) In general.--Amounts appropriated to make grants for shipyards under this section shall remain available until expended.
"(B) Reuse of unexpended grant funds.--Amounts awarded as a grant under this section that are not expended by the grantee during the 5-year period following the date of the award or that are returned shall remain available to the Maritime Administrator for use for grants under this section in a subsequent fiscal year.
"(4) Awards.--In providing assistance under this section, the Maritime Administrator shall not select an applicant for more than one award for the same fiscal year.
"(5) Amount.--For grants other than those awarded under subsection (i), the minimum award size shall be $30,000,000.
"(6) Prohibited uses.--A maritime training center that has received funds awarded under section 51706 of title 46, United States Code, shall not be eligible for grants under this section for training purposes in the same fiscal year.
"(c) Eligible Projects.--Assistance provided under this section may be used to--
"(1) make capital and related improvements to shipyards owned or operated by eligible applicants; and
"(2) provide training for workers in shipbuilding, ship repair, and associated industries.
"(d) Eligible Applicants.--To be eligible for financial assistance pursuant to this section, an applicant shall--
"(1) have authority as owner or operator of the shipyard facility to carry out the proposed project as required by subsection (j); and
"(2) be the owner or operator of a shipyard facility in a single geographic location in the United States that--
"(A) constructs, repairs, or reconfigures vessels 40 feet in length or more for commercial or government use; or
"(B) constructs, repairs, or reconfigures vessels 100 feet in length or more for noncommercial vessels.
"(e) Buy America.--
"(1) In general.--Subject to paragraph (2), the Maritime Administrator shall not obligate funds under this section, unless each product and material purchased with those funds (including products and materials purchased by a grantee), and including any commercially available off-the-shelf item, is--
"(A) an unmanufactured article, material, or supply that has been mined or produced in the United States; or
"(B) a manufactured article, material, or supply that has been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
"(2) Exceptions.--
"(A) In general.--Notwithstanding paragraph (1), the requirements of that paragraph shall not apply with respect to a particular product or material if the Administrator determines--
"(i) that the application of those requirements would be inconsistent with the public interest;
"(ii) that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or
"(iii) that inclusion of a domestic product or material will increase the cost of that product or material by more than 25 percent, with respect to a certain contract between a grantee and that grantee's supplier.
"(B) Federal register.--A determination made by the Administrator under this subparagraph shall be published in the Federal Register.
"(3) Definitions.--In this subsection:
"(A) Commercially available off-the-shelf item.--The term `commercially available off-the-shelf item' means--
"(i) any item of supply (including construction material) that is--
"(I) a commercial product, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of this Act); and
"(II) sold in substantial quantities in the commercial marketplace; and
"(ii) does not include bulk cargo, as defined in section 40102(4) of this title, such as agricultural products and petroleum products.
"(B) Product or material.--The term `product or material' means an article, material, or supply brought to the site by the recipient for incorporation into the building, work, or project. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.
"(C) United states.--The term `United States' includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
"(f) Solicitation and Application.--
"(1) Notice of funding opportunity.--Not later than 45 days after the date on which funds are made available to carry out the program, the Secretary shall publish a notice of funding opportunity for the funds.
"(2) Applications.--
"(A) In general.--To be eligible to receive a grant under this section, an applicant shall submit to the Maritime Administrator an application in such form and containing such information and assurances as the Maritime Administrator considers to be appropriate.
"(B) Contents.--Such an application shall include, at minimum, a comprehensive description of--
"(i) the need for the project;
"(ii) the methodology for implementing the project; and
"(iii) any existing programs or arrangements that can be used to supplement or leverage assistance under the program.
"(3) Timing of applications.--To be eligible to receive assistance under this section, an applicant must submit an application by such date as the Maritime Administrator may establish.
"(g) Primary Selection Criteria.--In awarding grants under the program, the Maritime Administrator shall evaluate the extent to which a project fosters--
"(1) efficiency, competitive operations, quality ship construction, repair, and reconfiguration, and improves capacity at the shipyard (for capital improvement projects);
"(2) employee skills and enhanced productivity related to shipbuilding, ship repair, and associated industries (for maritime training program projects); and
"(3) improved capacity at the shipyard (for projects other than those under subsection (i)).
"(h) Additional Considerations.--In selecting projects to receive grants under the program, the Maritime Administrator shall give substantial weight to--
"(1) the extent to which the project improves safety;
"(2) the utilization of non-Federal contributions;
"(3) the utilization of nontraditional financing, innovative design and construction techniques, or innovative technologies;
"(4) the extent to which the project supports critical shipbuilding and ship repair infrastructure as determined by the Maritime Administrator; and
"(5) contributions to geographic diversity among grant recipients.
"(i) Assistance to Small Shipyards.--
"(1) Allocation of funds.--The Maritime Administrator shall reserve not less than 25 percent of the amounts made available for grants under this section each fiscal year to make grants to eligible applicants for eligible projects at shipyard facilities that have 1,200 production employees or fewer in one geographic location.
"(2) Limitations.--
"(A) In general.--Grants awarded under this subsection may not be used to construct buildings or other physical facilities or to acquire land.
"(B) Limitation.--Not more than 25 percent of the funds available under this subsection may be awarded to any small shipyard in one geographic location that has more than 600 production employees.
"(3) Production employees.--In this section, production employees include eligible applicant employees directly engaged in repair, construction, or reconstruction of vessels and does not include--
"(A) employees primarily engaged in administration, engineering, or support functions; or
"(B) contractors of any kind.
"(j) Conditions on Provision of Assistance.--The Maritime Administrator may not award a grant under this section unless the Maritime Administrator determines that--
"(1) sufficient funding is available to meet the matching requirements of subsection (l);
"(2) the project will be completed without unreasonable delay; and
"(3) the recipient has authority to carry out the proposed project.
"(k) Awards.--
"(1) In general.--Except as provided in subparagraph (2), not later than 270 days after the date on which amounts are made available to provide grants under the program for a fiscal year, the Maritime Administrator shall announce the selection of awards of eligible projects to receive grants in accordance with this section.
"(2) Announcement.--For projects selected under subsection (i), the Maritime Administrator shall announce the selection of awards of eligible projects not later than 150 days after the date on which amounts are made available to provide grants under the program for a fiscal year, in accordance with this section.
"(l) Federal Share.--The Federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed 75 percent.
"(m) Technical Assistance.--
"(1) In general.--On request of an eligible applicant that submitted an application for a project that is not selected to receive a grant under the program, the Maritime Administrator shall provide to the eligible applicant technical assistance and briefings relating to the project.
"(2) Treatment.--Technical assistance provided under this paragraph shall not be considered a guarantee of future selection of the applicable project under the program.
"(n) Audits and Examinations.--All grantees under this section shall maintain such records as the Maritime Administrator may require and make such records available for review and audit by the Maritime Administrator.
"(o) Procedural Safeguards.--The Maritime Administrator, in consultation with the Office of the Inspector General, shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that--
"(1) grant funds are used for the purposes for which they were made available;
"(2) grantees have properly accounted for all expenditures of grant funds; and
"(3) grant funds not used for such purposes and amounts not obligated or expended are returned.".
SEC. 35__.
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DESIGNATION OF CENTERS OF EXCELLENCE FOR DOMESTIC
MARITIME WORKFORCE TRAINING AND EDUCATION.
Section 51706(c) of title 46, United States Code, is amended--
(1) in paragraph (1)(A)--
(A) by inserting "or territory of the United States" after "State"; and
(B) in clause (i), by striking "Gulf of Mexico" and inserting "Gulf of America";
(2) in paragraph (1)(B)--
(A) in clause (iii), by inserting "or" at the end;
(B) in clause (iv), by striking "or" at the end; and
(C) by striking clause (v);
(3) by striking paragraph (2); and
(4) by redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively.
SEC. 35__. CIVILIAN MARINER EDUCATION AND DEVELOPMENT
PAYMENTS.
(a) Mariner Education and Development Payments.--Chapter 515 of title 46, United States Code, is amended by adding at the end the following new section:
"Sec. 51512. Mariner education development payments
"(a) In General.--If a State maritime academy has an agreement with the Secretary of Transportation under section 51505 of this title, the Secretary may make an agreement with a student at the academy who is a citizen of the United States to make mariner education development payments to the State Maritime Academy on behalf of the individual.
"(b) Payments.--
"(1) In general.--Payments under an agreement under this section shall be--
"(A) based on the in-state annual cost of in-state tuition, on-campus room and board, fees, books, and uniforms at the State maritime academy the individual is attending;
"(B) paid in amounts as determined by the Secretary;
"(C) paid in such installments as the Secretary shall determine while the individual is attending the academy; and
"(D) allocated among the State maritime academies as prescribed by the Secretary.
"(2) Authorized uses.--The payments shall be used for the cost of tuition, room and board, fees, books, and uniforms at the academy.
"(c) Agreement Requirements.--An agreement under this section--
"(1) may provide for payments for the cost of tuition, room and board, fees, books, and uniforms for not more than 4 academic years; and
"(2) shall require the individual to--
"(A) complete the course of instruction at the academy the individual is attending within 6 years of the date of enrollment;
"(B) obtain a merchant mariner credential, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within 3 months of completion of the course of instruction at the academy the individual is attending;
"(C) for at least 6 years after graduation from the academy, maintain--
"(i) a valid merchant mariner credential, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;
"(ii) a valid transportation worker identification credential; and
"(iii) a Coast Guard medical certificate;
"(D) apply for, and accept if tendered, a position commensurate with the obtained merchant mariner credential, for a period of not less than 1 year but not more than 5 years, as determined by the Secretary of Transportation based on the amount of payments provided under this section, as--
"(i) a civil service mariner aboard a vessel owned and operated by the Military Sealift Command, National Oceanic and Atmospheric Administration, United States Coast Guard, United States Army Corps of Engineers, or other Federal agency;
"(ii) a merchant marine officer aboard a Federal vessel owned by the Military Sealift Command or the Maritime Administration, if the Secretary determines that employment under clause (i) is not available to the individual;
"(iii) a merchant marine officer on a vessel owned and operated by the United States Federal Government or by a State government of the United States if the Secretary determines that employment under clauses (i) and (ii) is not available to the individual;
"(iv) a merchant marine officer on a U.S.-documented commercial oceangoing vessel if
the Secretary determines that employment under clauses (i), (ii), and (iii) is not available to the individual;
"(v) a merchant marine officer on a U.S.-documented commercial vessel that is not an oceangoing vessel if the Secretary determines that employment under clauses (i) through (iv) is not available to the individual;
"(vi) an employee in a United States maritime-related industry, profession, or marine science (as determined by the Secretary), if the Secretary determines that service under clauses (i) through (v) is not available to the individual; or
"(vii) a merchant marine officer on a foreign-documented commercial oceangoing vessel that employs mariners through a U.S.-based labor union, if the Secretary determines that employment under clauses (i) through (vi) is not available to the individual or in the best interests of the United States; and
"(E) report to the State maritime academy of graduation, or to the Secretary if directed, on compliance with subparagraphs (A) through (D) of this subsection.
"(d) Failure to Complete Agreement Requirements.--If the individual is unable or unwilling to meet the agreement requirements under subsection (c), the Secretary of Transportation may recover from the individual the amount paid under the commitment agreement, plus interest and attorney fees. The Secretary may reduce the amount to be recovered based on factors the Secretary determines merit a reduction.
"(e) Actions to Recover Cost.--To aid in the recovery of the amount paid by the Government under a commitment agreement under this section, the Secretary of Transportation may--
"(1) request the Attorney General to bring a civil action against the individual; and
"(2) make use of the Federal debt collection procedures in chapter 176 of title 28 or other applicable administrative remedies.
"(f) Modification or Waiver.--The Secretary may waive any of the terms and conditions set forth in subsection (c) or modify such terms and conditions through the imposition of alternative service requirements.
"(g) Eligibility for Additional Payments.--An individual who receives a payment pursuant to this section shall not be eligible for payments under section 51708 of this title until the individual has fulfilled the obligated years of service under subsection (c)(2)(D) of this section.
"(h) Funding Availability.--Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51509, 51513, and 51708, as determined by the Secretary.".
SEC. 35__. MARITIME SERVICE EMPLOYMENT REIMBURSEMENT.
Chapter 517 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 51708. Maritime service employment reimbursement
"(a) In General.--The Secretary of Transportation may make an agreement with a maritime center of excellence to make payments to the maritime center of excellence for the cost of reimbursing an individual for costs incurred to obtain, renew, or upgrade a merchant mariner credential or other credentials required for working ashore in the maritime industry.
"(b) Eligible Individual.--To receive assistance under this section, an individual must be a United States citizen.
"(c) Covered Costs.--Costs that are eligible for reimbursement under this section are costs incurred directly by an eligible individual to obtain, renew, or upgrade a merchant mariner credential or credentials required for working ashore in the maritime industry, including--
"(1) training tuition and fees;
"(2) credentialing fees;
"(3) medical screening and examination fees; and
"(4) other fees as determined by the Secretary.
"(d) Payments.--Subject to subsection (e), the Secretary of Transportation may provide payments to a maritime center of excellence for--
"(1) reimbursements provided by the maritime center of excellence to an eligible individual for covered costs incurred by the individual at the maritime center of excellence;
"(2) the costs of canceling or waiving payments on loans issued by the maritime center of excellence to an eligible individual, including interest on the loan of up to 5 percent per annum; or
"(3) other payments as determined by the Secretary.
"(e) Authorized Uses.--Payments under subsection (d) may be used for covered costs incurred by an eligible individual who--
"(1) incurred the covered costs at the maritime center of excellence; and
"(2) has completed--
"(A) 150 sea service days on a U.S.-flag vessel of greater than 10,0000 gross register tons within 2 years of completing the course of instruction; or
"(B) 1 year of shoreside employment at a maritime facility that directly supports the construction, repair, or maintenance of U.S. vessels, as determined by the Secretary.
"(f) Prohibited Uses.--Funds provided to a maritime center of excellence pursuant to this section may not be used to reimburse an eligible individual--
"(1) if the individual has already received reimbursements for the covered costs from an entity other than the maritime center of excellence;
"(2) if an entity other than the maritime center of excellence has paid for covered costs or provided training at no cost to the individual;
"(3) if the individual incurs covered costs associated with a degree program at a State maritime academy as defined in section 51501 of this title;
"(4) if the individual is a participant in a program under sections 51509, 51512, or 51513 of this title; or
"(5) for any expenses that exceed $10,000 per calendar year.
"(g) Administrative Expenses.--
"(1) In general.--A maritime center of excellence may retain not more than 3 percent of the annual funding provided by the Secretary to the maritime center of excellence under this section for administrative expenses incurred in providing reimbursements or payments under this section.
"(2) Administrative and oversight costs.--The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year to make payments under this section for the administrative and oversight costs incurred by the Secretary in implementing this section.
"(h) Funding Availability.--Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51509, 51512, and 51513, as determined by the Secretary.
"(i) Maritime Center of Excellence Defined.--In this section, the term `maritime center of excellence' means--
"(1) an American Maritime Center of Excellence, as designated under section 51501 of this title; or
"(2) a Center of Excellence for Domestic Maritime Workforce Training and Education, as designated under section 51706 of this title.".
SEC. 35__.
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STUDENT INCENTIVE PAYMENT AGREEMENTS.
Section 51509 of title 46, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraphs (1) and (2) and inserting the following:
"(1) In general.--Payments under an agreement under this section shall be--
"(A) paid in amounts as determined by the Secretary, but shall not exceed 50 percent of the average total of the in-state cost of attendance charged by all State maritime academies for a four-year merchant marine officer preparation program;
"(B) paid in such installments as the Secretary shall determine while the individual is attending the academy; and
"(C) allocated among the State maritime academies as prescribed by the Secretary.";
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2), as so redesignated, by striking "uniforms, tuition, books, and subsistence" and inserting "the cost of attendance at the Academy";
(2) in subsection (e)(1)--
(A) in subparagraph (A)(ii) by striking "$8,000" and inserting "10 percent of the agreed upon amount"; and
(B) in subparagraph (B)(ii) by striking "$16,000" and inserting "25 percent of the agreed upon amount"; and
(3) by inserting after subsection (i) the following:
"(j) Eligibility for Additional Payments.--A student who receives a payment pursuant to this section shall not be eligible for payments under section 51708 of this title until the student has fulfilled the obligated 3 years of service under subsection (d)(5).
"(k) Funding Availability.--Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51512, 51513, and 51708, as determined by the Secretary.
"(l) Cost of Attendance Defined.--In this section, the term `cost of attendance' means tuition, room and board costs, fees, books, and uniforms.".
SEC. 35__. STATE MARITIME ACADEMY REIMBURSEMENT FOR TRAINING
SHIP CADET TUITION AND FEES.
Chapter 515 of title 46, United States Code, is amended by adding at the end the following:
"Sec. 51513. State maritime academy reimbursement for
training ship cadet tuition and fees
"(a) In General.--If a State maritime academy has an agreement with the Secretary of Transportation under section 51505 of this title, the Secretary may make an agreement with a student at the academy who is a citizen of the United States to make payments to the State maritime academy on behalf of the individual for the cost of the tuition and fees charged by the State maritime academy for the student to sail on a training cruise on a training ship owned by the Maritime Administration.
"(b) Payments.--Payments under this section shall be as prescribed by the Secretary but shall not exceed the cost charged by the State maritime academy for the student to obtain the minimum number of sea days needed on board a training ship owned by the
Maritime Administration to obtain a merchant mariner credential, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation.
"(c) Agreement Requirements.--An agreement under this section shall require the student to--
"(1) complete the course of instruction at the academy the individual is attending within 6 years of enrollment;
"(2) obtain a merchant mariner credential, without limitation as to tonnage or horsepower, from the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certification required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation, within 3 months of completion of the course of instruction at the academy the individual is attending;
"(3) for at least 6 years after graduation from the academy, maintain--
"(A) a valid merchant mariner credential, unlimited as to horsepower or tonnage, issued by the Coast Guard as an officer in the merchant marine of the United States, accompanied by the appropriate national and international endorsements and certifications required by the Coast Guard for service aboard vessels on domestic and international voyages, without limitation;
"(B) a valid transportation worker identification credential; and
"(C) a Coast Guard medical certificate;
"(4) apply for, and accept, if tendered a position commensurate with the obtained merchant mariner credential for 3 years after graduation from the academy or, if the individual has a student incentive program agreement under section 51509 one year in addition to the obligation required under section 51509(d)(5)--
"(A) as a merchant marine officer on a vessel operated by the United States Government or by a State;
"(B) as a merchant marine officer on a United States documented vessel;
"(C) as an employee in a United States maritime-related industry, profession, or marine science, as determined by the Secretary;
"(D) as a commissioned officer on active duty in an armed force of the United States, as a commissioned officer in the National Oceanic and Atmospheric Administration; or
"(E) by a combination of service alternatives referred to in subparagraphs (A) through (D) of this subsection; and
"(5) report to the State maritime academy of graduation, or to the Secretary if directed, on compliance with paragraphs (1) through (4) of this subsection.
"(d) State Maritime Academy Reporting.--
"(1) In general.--A State maritime academy that received payments on behalf of an individual under this section must provide the Maritime Administrator with information that demonstrates that compliance with subsection (c)(4) by that individual.
"(2) Report.--If a State maritime academy is unable to obtain information that demonstrates compliance with subsection (c)(4), the State maritime academy shall report to the Maritime Administrator that the individual is not in compliance with subsection (c)(4).
"(3) Frequency.--The frequency of the State maritime academy reporting period under paragraph (2) shall not exceed 365 days.
"(4) Limitation.--A State maritime academy may retain not more than 3 percent of the annual funding provided by the Secretary under this section for administrative expenses incurred in complying with this subsection.
"(e) Failure to Complete Agreement Requirements.--If the individual is unable or unwilling to meet the agreement requirements under subsection (c), the Secretary of Transportation may recover from the individual the amount of payments in subsection (b), plus interest and attorney fees. The Secretary may reduce the amount to be recovered to reflect partial performance of obligations and other factors the Secretary determines merit a reduction.
"(f) Actions to Recover Cost.--To aid in the recovery of funds provided by the Government under a commitment agreement under this section, the Secretary of Transportation may--
"(1) request the Attorney General to bring a civil action against the individual; and
"(2) make use of the Federal debt collection procedures in chapter 176 of title 28 or other applicable administrative remedies.
"(g) Modification or Waiver.--The Secretary may waive any of the terms and conditions set forth in subsection (c) or modify such terms and conditions through the imposition of alternative service requirements.
"(h) Eligibility for Additional Payments.--An individual who receives a payment pursuant to this section shall not be eligible for payments under section 51708 of this title until the individual has fulfilled the obligated three years of service under subsection (c)(4).
"(i) Funding Availability.--Not to exceed 10 percent of the amounts appropriated for any fiscal year for payments authorized under this section may be transferred or reprogrammed and made available for the purpose of making payments authorized under sections 51509, 51512, and 51708, as determined by the Secretary.".
SEC. 35__. MODIFICATION OF CARGO PREFERENCE THREE-YEAR
ELIGIBILITY RULE.
Section 55305(b) of title 46, United States Code, is amended by striking "after January 1, 2030,".
SEC. 35__. CARGO PREFERENCE ENFORCEMENT.
(a) In General.--Section 55305 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) by striking "Minimum Tonnage.--When the United States Government" and inserting "Requirement to Use U.S.-Flag Vessels.--When a United States department or agency"; and
(B) by striking "the appropriate agencies shall take steps necessary" and all that follows through the end of the subsection and inserting "the department or agency must ensure that all equipment, materials, or commodities that may be transported on ocean vessels, except when required for the timely transportation of cargoes under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), is transported on privately-owned commercial vessels of the United States.";
(2) by striking subsection (d) and inserting the following:
"(d) Waivers.--
"(1) The requirements under this section may be waived as provided for in this subsection.
"(2) The President, the Secretary of War, or the Secretary of State may waive this section temporarily by--
"(A) declaring the existence of an emergency justifying a waiver; and
"(B) notifying the appropriate agencies of the waiver; or
"(3) Upon the request of a U.S. Government department or agency filed at least 10 days prior to transportation of equipment, materials, and commodities subject to this section, the Secretary of Transportation may waive the requirements in subsection (a), for all or part of the transportation, if the Secretary determines there are no privately-owned commercial vessels of the United States--
"(A) responsive to the solicitation by vessel type;
"(B) available at fair and reasonable rates for commercial vessels of the United States; or
"(C) otherwise available.
"(4) For waiver requests filed pursuant to paragraph (3), the Secretary of Transportation shall not be obligated to issue a waiver sooner than 10 days prior to transportation.
"(5) The Secretary of Transportation shall notify the Committee on Transportation and Infrastructure and the Committee on Armed Services of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of--
"(A) any waiver request made pursuant to paragraph (3) not later than 72 hours after receiving such a request; and
"(B) the issuance of any such waiver not later than 72 hours after issuing the waiver.
"(6) Waivers issued pursuant to paragraph (3) shall be published on the Department of Transportation website within 5 business days.
"(7) The Secretary of Transportation, in consultation with the Secretary of State, is authorized to promulgate regulations defining "fair and reasonable rates for commercial vessels of the United States as cost based" for purposes of the determinations established in paragraph (3).
Text printed in the Record (9,573 characters)
The goal of such regulations shall be to provide clarity and reduce procedural friction in the waiver process by establishing an objective standard based on vessel cost, to the maximum extent possible, in relevant and accessible market and cost data.";
(3) in subsection (e)--
(A) in the subsection heading by striking "Programs of Other Agencies" and inserting "Department and Agency Requirements";
(B) by striking paragraph (1) and inserting the following:
"(1) Each Federal Government department or agency that transports equipment, commodities, or materials shall--
"(A) include provisions in each Federal solicitation, application, agreement, or procurement contract requiring each contract applicant or offeror to acknowledge that ocean transportation contracted under the agreement or procurement contract must comply with this section and related regulations issued by the Secretary of Transportation;
"(B) submit to the Secretary agreements, procurements, or other contracts at least 45 days before ocean carriage, along with corresponding plans for complying with this section that describe--
"(i) all cargoes, both known and anticipated, with specificity;
"(ii) the proposed ports of loading and discharge and expected dates of ocean carriage;
"(iii) all parties involved in the ocean transportation of the cargoes, including brokers and freight forwarders; and
"(iv) any other relevant information required by the Secretary of Transportation;
"(C) provide the Maritime Administration with the Automated Commercial Environment Internal Transaction Number that corresponds with each ocean bill of lading number for each ocean shipment of cargo under
contract, including those transported on foreign-flag vessels--
"(i) within 20 working days after the date of loading for shipments originating in the United States;
"(ii) within 30 working days after the date of loading for shipments originating outside of the United States; or
"(iii) in instances for which an Automated Commercial Environment Internal Transaction Number is not available, a legible, complete copy of a rated on-board ocean bill of lading in English, within times specified in clauses (i) or (ii);
"(D) exercise contractual rights and remedies against contractors who fail to comply with contractual provisions requiring the use of U.S.-flag vessels, as determined by the Secretary of Transportation, including by--
"(i) equitably adjusting the contract price downward by an amount equal to the difference in the cost of a foreign-flag vessel used in violation of the contract and the estimated cost of using a U.S.-flag vessel to carry the same cargo;
"(ii) determining that a contractor is ineligible for an award of such a contract; or
"(iii) terminating such a contract or suspension or debarment of the contractor for such a contract; and
"(E) retain records collected pursuant to this section for 5 years after each shipment is completed."; and
(C) in paragraph (2)--
(i) by striking subparagraphs (A) and (B);
(ii) by redesignating subparagraphs (C) and (D) as subparagraphs (E) and (F), respectively;
(iii) by inserting before subparagraph (E), as so redesignated, the following:
"(A) has sole authority for determining compliance by a department, agency, or individual with this section;
"(B) may provide guidance on whether a department or agency is operating in compliance with the requirements of this section;
"(C) shall review every shipment and compliance plan subject to the requirements of this section;
"(D) shall annually submit to the Committee on Transportation and Infrastructure and Committee on Armed Forces of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on department and agency compliance with this section, including submission of compliance plans;"; and
(iv) in subparagraph (F), as so redesignated, by striking "may take other measures as appropriate under" and inserting "shall notify agencies of violations so that other measures may be taken as appropriate under subsection (e)(1)(D) of this section or".
(b) Effective Date.--The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.
SEC. 35__. UNITED STATES VESSEL PREFERENCE REQUIREMENT.
(a) In General.--Part D of subtitle V of title 46, United States Code, is amended by inserting after subchapter III the following new subchapter:
"55351. Definitions. "55352. Establishment of the United States vessel preference requirement. "55353. Maritime special security agreement framework. "55354. Enforcement and compliance.
"Sec. 55351. Definitions
"In this subchapter:
"(1) Allied country.--The term `allied country' means a country or group of countries designated by the Secretary of Defense, in consultation with the Secretary of Transportation and the Secretary of State, as an ally of the United States for purposes of this subchapter.
"(2) Beneficial cargo owner.--The term `beneficial cargo owner' means an entity that retains the power to influence the routing of the cargo or owns the merchandise being transported at the time of shipment.
"(3) Country of concern.--The term `country of concern' means a country identified pursuant to section 4651(7) of title 15, United States Code.
"(4) Covered cargo.--The term `covered cargo' means inbound containerized cargo and roll-on/roll-off vehicles imported into the United States in the foreign commerce of the United States that are subject to entry, manifest reporting, or other customs documentation requirements under title 19, United States Code, as further specified by the Commission by regulation. The term does not include exports, bulk cargo, breakbulk cargo, or cargo excluded by regulation consistent with this subchapter.
"(5) Industrial readiness certification.--The term `industrial readiness certification' means a certification made by the Maritime Administrator after evaluating shipyard capacity, mariner availability, and commercial feasibility for purposes of phased implementation. "(6) Maritime Special Security Agreement; M-SSA.--The term `Maritime Special Security Agreement' or `M-SSA' means an agreement established under section 55353.
"(6) Qualifying united states vessel.--The term `qualifying United States vessel' means a vessel documented under chapter 121 of title 46 and meeting requirements under section 55352 and not a U.S. warship, auxiliary vessel, or under time or bare-boat charter by the United States.
"(7) Trade lane.--The term `trade lane' means a geographic shipping corridor designated by the Secretary of Transportation.
"(8) Compliance year.--The term `compliance year' means a calendar year for which participation targets apply under section 55352, as determined under section 55354(j).
"(9) Covered movement.--The term `covered movement' means the transportation by water of covered cargo to the United States within a designated trade lane subject to participation targets under section 55352, as determined by the Commission under section 55354 using existing customs and shipping documentation.
"(10) Covered shipper.--The term `covered shipper' means, with respect to a covered movement, the beneficial cargo owner, importer of record to which entity-level participation targets apply under section 55352(a)(2), or provider of third-party logistics services for cargo shipments, as determined by the Commission under section 55354 using existing customs and shipping documentation. The term does not include an ocean common carrier or an ocean transportation intermediary solely by virtue of providing ocean transportation or arranging ocean transportation.
"(11) Affiliated covered shipper group.--The term `affiliated covered shipper group' means 2 or more covered shippers that are treated as a single compliance unit because they are under common control, are alter egos, are successors, or act in concert with respect to routing, contracting, or payment for ocean transportation of covered cargo, as determined under section 55354.
"(12) Control.--The term `control' means, with respect to an entity, direct or indirect possession of the power to direct or cause the direction of management and policies of such entity (whether through ownership of voting securities, by contract, or otherwise), and shall be presumed where an entity directly or indirectly owns 50 percent or more of the equity or voting interests.
"(13) Unique entity identifier.--The term `unique entity identifier' means an Employer Identification Number (EIN) or such other persistent identifier as the Commission shall specify by regulation for foreign persons, including an identifier used in customs entry, manifest, or service contract documentation.
"(14) Ultimate parent entity.--The term `ultimate parent entity' means the highest-level entity that controls a covered shipper, and that is not controlled by another entity.
"(15) Commission.--The term `Commission' means the Federal Maritime Commission.
"(16) Ocean common carrier.--The term `ocean common carrier' has the meaning given that term at section 40102(18) of this title.
"(17) Ocean transportation intermediary.--The term `ocean transportation intermediary' has the meaning given that term at section 40102(20) of this title.
"(18) Service contract.--The term `service contract' means service contracts as set forth at section 40102(21) of this title.
"(19) Civil penalty.--A `civil penalty' is a civil penalty under sections 41107 and 41109 of this title.
"Sec. 55352.
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Establishment of the United States vessel
preference requirement
"(a) Establishment.--
"(1) In general.--The Secretary of Transportation shall establish a United States vessel cargo participation requirement applicable to the carriage of covered cargo within designated trade lanes.
"(2) Application.--Participation targets established under this section shall apply as entity-level participation requirements to each beneficial cargo owner or importer of record operating within a designated trade lane and shall be aggregated across the affiliated covered shipper group (if any) of such entity, as determined under section 55354.
"(3) Participation targets.--Participation targets--
"(A) may be established on a trade-lane-specific and commodity-specific basis, including the inclusion or exclusion of particular commodity categories, provided that aggregate participation meets or exceeds the minimum phase-based floors established under subsection (b); and
"(B) shall be implemented on a trade-lane-specific and, where appropriate, commodity-specific basis and shall be designed to expand participation of qualifying United States vessels in a commercially feasible, capacity-aware, and phased manner.
"(4) Rule of construction.--Nothing in this section shall be construed to establish a uniform nationwide cargo quota or to require identical participation targets across all trade lanes or commodity categories.
"(b) Phased Implementation.--Participation targets established under this section shall be implemented through sequential phases designed to expand United States-flag participation in a commercially feasible and capacity-aware manner, as provided for in this section.
"(1) Phase i--initial market entry.--
"(A) Not later than 180 days following enactment of this section, the Secretary shall establish an initial participation target of not less than 3 percent of covered cargo overall on an annual basis within designated trade lanes be carried on qualifying United States vessels, unless a lower percentage is certified as necessary due to vessel or mariner availability.
"(B) Participation targets established during this phase shall--
"(i) be in effect for a period of no less than four years upon the first day of establishment;
"(ii) Be used to incentivize and facilitate re-flagging, new service entry, and contract restructuring to emphasize voluntary transition into the U.S.--flag fleet.
"(iii) be treated as a pilot period for purposes of evaluating commercial feasibility, workforce impacts, and industrial readiness; and
"(iv) be prioritized along trade lanes, as described in subsection (c), where qualifying United States vessels are already operating or can be deployed with minimal disruption to existing logistics structures.
"(2) Phase ii--capacity expansion.--For the four years following Phase I, the Secretary shall--
"(A) increase participation targets incrementally based on fleet availability, workforce capacity, and industrial readiness as determined annually by the Maritime Administrator; and
"(B) increase participation targets by not less than 1.5 percent annually unless the Maritime Administrator makes a determination that the United States fleet or mariner workforce cannot sustain a growth rate at that level; and
"(C) establish participation targets that prioritize the use of vessels built in the United States over foreign-built vessels that have reflagged into the U.S. fleet.
"(3) Phase iii--adaptive scaling.--Following Phase II--
"(A) the Secretary--
"(i) shall review participation targets not less than every three years; and "(ii) may establish revised participation targets reflecting demonstrated fleet growth, shipyard output, and mariner supply.
"(B) participation targets--
"(i) may require that a percentage of covered cargo be carried only on vessels built in the United States; and
"(ii) may be trade-lane specific but vary by commodity classification; and
"(C) participation target growth shall be--
"(i) not less than 2 percent overall on an annual basis; and
"(ii) 1 percent for United States built ships unless a determination is made by the Administrator that the United States fleet or mariner workforce cannot sustain a growth rate at that level.
"(4) Annual review and certification.--Not less than once each year, the Maritime Administrator shall make a determination as to whether vessel capacity, mariner availability, and commercial feasibility support continuation or adjustment of participation targets.
"(A) The Maritime Administration shall provide to Congress annually a report on the targets for the succeeding fiscal year showing the growth in reflagged United States flag ships, growth in United States built ships, and the status of the overall United States flag fleet in international trade.
"(B) The Secretary may temporarily pause or modify scheduled increases upon certification of material capacity constraints.
"(5) Rule of construction.--Nothing in this subsection shall be construed to establish a uniform nationwide cargo quota or to require identical targets across trade lanes or commodity categories.
"(c) Prioritization of Trade Lanes and Commodities.--
"(1) In general.--In selecting trade lanes and commodity groupings for phased implementation under this section, the Secretary of Transportation, in concurrence with the Secretary of State, and in consultation with the Secretary of the Treasury, Secretary of Commerce, United States Trade Representative, Chairperson of the Federal Maritime Commission, and Secretary of Homeland Security, shall give priority to trade lanes and commodities that have a direct bearing on national security, supply chain resilience, or United States economic competitiveness.
"(2) Priority considerations.--Priority considerations may include critical minerals, energy systems, defense-related cargo, strategic manufacturing inputs, and other sectors determined to be essential to national preparedness or long-term industrial capacity.
"(3) Rule of construction.--Nothing in this subsection shall be construed to require uniform application across all trade lanes or to limit the Secretary's discretion to consider commercial feasibility, vessel availability, or workforce capacity.
"(d) Commercial Feasibility.--Trade lane targets under this section must be operationally achievable within existing commercial shipping practices and account for vessel availability, mariner supply, and contractual logistics structures.
"(e) United States Content.--For purposes of this subchapter, United States content shall be measured, at the vessel level, as a percentage of the total cost of construction, conversion, repair, and refurbishment of the vessel that is attributable to labor performed in the United States and materials produced in the United States, consistent with the standards articulated in chapter 83 of title 41, United States Code. The Secretary shall prescribe by regulation methods of calculation, eligible costs, and documentation standards for certification and audit.
"(f) Equivalency Authority.--The Maritime Administrator may grant equivalencies on a per country basis where domestic industrial capacity is insufficient.
"(g) Special Rule for Containerized Commodity Classification.--
"(1) Classification.--For purposes of commodity-specific preference targets, containerized cargo shall be classified based on Customs and Border Protection-recognized shipment programs rather than the individual contents of a container.
"(2) Commodity categories defined.--The Secretary may define commodity categories using--
"(A) Harmonized Tariff Schedule chapter ranges or groupings recognized by U.S. Customs and Border Protection;
"(B) beneficial cargo owner program declarations or certified logistics programs; or
"(C) service contract filings or vessel service designations maintained under applicable Federal Maritime Commission or customs reporting requirements.
"(3) Measuring compliance.--Compliance shall be measured using existing customs documentation, including bills of lading, manifest filings, or service contract identifiers, and shall not require inspection or valuation of individual goods within containers. \
"(4) Mixed merchandise.--Where containers include mixed merchandise described as general cargo, the Secretary may treat such containers as part of a designated commodity program if tendered under a qualifying contract, Harmonized Tariff Schedule grouping, or certified cargo program.
"(5) Rule of construction.--Nothing in this subsection shall be construed to require item level auditing of container contents beyond existing customs reporting requirements; nor shall it be construed to limit, restrict, or alter the authority of the U.S. Coast Guard or U.S. Customs and Border Protection to inspect containers and cargo for safety, security, or law enforcement purposes.
"(6) Reliance on existing systems.--Commodity classifications and compliance determinations under this subsection shall rely exclusively on customs declarations, service contract filings, or other reporting systems already required under Federal law, and shall not create a separate cargo classification regime.
"(h) Requirement to Protect and Share Information.--The Secretary and the Chairman of the Federal Maritime Commission shall execute an agreement to establish a formal framework for the exchange of information necessary to implement this section that protects the privacy and confidentiality rights of private parties.
"(i) National Security Condition for Qualification.--
"(1) In general.--A vessel shall not be treated as a qualifying United States vessel for purposes of this subchapter if the vessel is owned, chartered, managed, or operated by or on behalf of an entity subject to foreign ownership, control, or influence, unless such entity is operating pursuant to an approved Maritime Special Security Agreement under section 55353.
"(2) No automatic requirement for domestic entities.--Nothing in this subsection shall be construed to require a Maritime Special Security Agreement for an entity that the Maritime Administrator determines is not subject to foreign ownership, control, or influence.
"(3) Country of concern prohibition.--No vessel controlled by a citizen of a country of concern may qualify under this subchapter if such citizen holds, directly or indirectly, a controlling interest or other disqualifying influence in the entity owning, chartering, managing, or operating the vessel, as determined under regulations issued pursuant to section 55353.
"(j) Qualifying United States Vessel Requirements.--
"(1) In general.--A vessel is a qualifying United States vessel for purposes of this subchapter only if the vessel is documented under chapter 121 of this title and meets the requirements of this subsection, subsection (k), and section 55353 (as applicable).
"(2) Repaired or refurbished vessels.--A U.S.-documented vessel that is repaired or refurbished may be treated as meeting the United States content thresholds under paragraph (3) if the Secretary determines that the cost of such repairs or refurbishments includes sufficient United States content under subsection (g), and if the vessel was originally built in an allied country.
"(3) United states content thresholds.--A qualifying United States vessel shall meet the following minimum United States content thresholds:
"(A) For calendar years 2027 through 2030, an allied-built vessel may qualify if the vessel is inspected, certificated, and documented consistent with section 53102(e) of this title and related Coast Guard guidance (including Navigation and Vessel Inspection Circular No.
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01-13, and any successor guidance) and is operated by an entity in compliance with section 55353.
"(B) For calendar years 2031 through 2034, at least 20 percent United States content.
"(C) For calendar years 2035 through 2038, at least 30 percent United States content.
"(D) For calendar years 2039 through 2042, at least 40 percent United States content.
"(E) Beginning in calendar year 2042, at least 51 percent United States content.
"(4) Qualification extension.--Beginning in calendar year 2031, a vessel that first qualifies under this subchapter shall continue to be a qualifying United States vessel for not more than 20 years after the date the vessel is first documented under chapter 121 of this title, provided the vessel maintains at least 20 percent United States content throughout that period.
"(5) Alternate compliance program requirements.--Requirements unique to the Alternate Compliance Program shall not
apply to an allied-built vessel described in paragraph (3)(A) unless the Coast Guard determines such requirements are strictly necessary for safety or security; however, United States-unique requirements contained in the Alternate Compliance Program U.S. Supplement are otherwise waived for eligible vessels.
"(6) Coastwise trade.--Nothing in this subchapter shall be construed to alter or supersede the requirements of chapter 551 of this title (the coastwise trade laws). Qualifying United States vessels under this subchapter are intended for foreign commerce under United States registry and are not granted coastwise trading privileges by this subchapter.
"(7) Expansion to meet national security needs.--The President may expand the types of cargo subject to this subchapter if the President determines such expansion is necessary to meet the national security needs of the United States, provided that any cargo so added is afforded the same phased implementation and United States content requirements for qualifying vessels specified in this section.
"(k) Rule of Construction.--Nothing in this section shall be construed to--
"(1) impose a uniform nationwide cargo quota or to require preference targets to apply across all trade lanes or cargo categories
"(2) waive or modify vessel documentation, inspection, certification, safety, security, or vessel-to-facility interface requirements administered by the Coast Guard or the Department of Labor;
"(3) deem any person or entity a citizen of the United States for purposes of this title, including chapter 121, except for the limited deeming described in subsection (j); or
"(4) limit any other national security review authority of the United States.
"Sec. 55353. Maritime special security agreement framework
"(a) Establishment.--Not later than 180 days after the date of enactment of this subchapter, the Secretary of Transportation in consultation with the Secretary of Defense and the Secretary of Homeland Security (including the Commandant of the Coast Guard), shall establish by regulation a Maritime Special Security Agreement framework (in this section referred to as an `M-SSA'), modeled on foreign-ownership, control, or influence mitigation agreements used in national-security sectors, to permit allied and other foreign capital investment while ensuring United States operational control and protection of security-sensitive information.
"(b) Purpose; Parties; Covered Entities.--
"(1) Purpose.--An M-SSA is a written agreement intended to mitigate foreign ownership, control, or influence and to ensure that management and operational control over qualifying United States vessel operations under this subchapter remain vested in United States citizens, consistent with national security requirements.
"(2) Parties.--An M-SSA shall be executed between the Maritime Administrator and a vessel owner, vessel operator, or other entity that seeks to own, charter, manage, or operate a qualifying United States vessel under this subchapter (in this section referred to as a `covered entity').
"(3) Scope of application.--An M-SSA shall apply only to the covered entity and the qualifying United States vessels and related operations identified in the agreement.
"(c) Eligibility; Prohibited Capital.--The Maritime Administrator may approve an M-SSA only if--
"(1) the covered entity certifies that no citizen from a country of concern holds, directly or indirectly, a controlling interest or other disqualifying influence, as determined under regulations issued pursuant to subsection (j);
"(2) the covered entity agrees to comply with the governance, operational-control, information-security, reporting, and audit requirements of this section; and
"(3) the Maritime Administrator has consulted with the Secretary of Defense and the Secretary of Homeland Security regarding any national security conditions that should be incorporated into the M-SSA.
"(d) Core Requirements.--A covered entity operating under an M-SSA shall--
"(1) maintain a principal executive responsible for qualifying United States vessel operations who is a citizen of the United States;
"(2) ensure that qualifying United States vessel operations under this subchapter remain subject to governance and operational-control arrangements vested in citizens of the United States, as specified in the M-SSA;
"(3) establish a security committee or comparable governance mechanism composed solely of citizens of the United States to oversee security-sensitive decisions identified in the M-SSA;
"(4) implement information firewalls restricting foreign access to sensitive operational, logistics, and defense-related data, consistent with subsection (f); and
"(5) designate one or more compliance officers responsible for administration of the MSSA who are citizens of the United States and eligible for any security clearances determined appropriate by the Secretary of Defense for purposes of the M-SSA.
"(e) Security Committee or Equivalent Governance Mechanism.--
"(1) Composition.--The security committee or equivalent governance mechanism required under subsection (d)(3) shall consist solely of citizens of the United States.
"(2) Authorities.--The security committee or equivalent governance mechanism shall exercise such approval, oversight, or veto authorities over security-sensitive decisions as are specified by regulation and in the applicable M-SSA, including with respect to--
"(A) access to and dissemination of security-sensitive operational, cargo, routing, or defense-related information;
"(B) changes in key personnel positions identified in the M-SSA;
"(C) changes in ownership, governance, financing, chartering, or other arrangements that could increase foreign ownership, control, or influence; and
"(D) such other matters as the Maritime Administrator determines necessary to mitigate national security risk, in consultation with the Secretary of Defense and the Secretary of Homeland Security.
"(3) Governance instruments.--The covered entity shall adopt bylaws, delegations of authority, internal controls, and other governance instruments sufficient to give effect to the authorities required under this subsection.
"(f) Information Firewall; Recordkeeping.--
"(1) Firewall.--Each covered entity operating under an M-SSA shall maintain policies, technical controls, and procedures that prevent unauthorized foreign access to security-sensitive operational and defense-related information, including through remote access or third-party service providers.
"(2) Records.--The covered entity shall maintain such books, records, and technical logs as the Maritime Administrator determines necessary to verify compliance, including records sufficient to support audits under subsection (h).
"(g) Notice of Change; Prior Approval.--A covered entity operating under an M-SSA shall provide advance notice to the Maritime Administrator of any material change in ownership, governance, debt covenants, chartering arrangements, or other relationships that could reasonably increase foreign ownership, control, or influence, and shall obtain approval or amended M-SSA terms prior to implementing such change, as provided by regulation.
"(h) Oversight.--
"(1) In general.--The Maritime Administrator, in coordination with the Secretary of Defense and the Secretary of Homeland Security, shall approve, audit, and monitor covered entities operating under an M-SSA at least annually.
"(2) Coast guard and department of labor coordination.--In conducting oversight under paragraph (1), the Maritime Administrator shall coordinate with the Commandant of the Coast Guard on matters implicating vessel documentation, inspection, certification, safety, security, crewing, or credentialing requirements administered by the Coast Guard and the Department of Labor on matters implicating safety requirements administered by the Department of Labor.
"(i) Breach of Terms; Remedies.--
"(1) Suspension or revocation.--Breach of M-SSA terms, or material misrepresentation in an application for or performance under an M-SSA, shall be grounds for suspension or revocation of--
"(A) M-SSA approval; and
"(B) the eligibility of any vessel operated by the covered entity to qualify under section 55352.
"(2) Interim measures.--Pending a final determination, the Maritime Administrator may impose interim mitigation measures, including enhanced reporting, restricted information access, or temporary management controls.
"(j) Deeming Provision; Limited Scope.--For the limited purpose of administering this subchapter and any Federal cargo-preference program that expressly incorporates this deeming provision, an entity operating under an approved M-SSA shall be deemed United States-controlled regardless of capital origin, provided such capital is not from a country of concern. Nothing in this subsection shall be construed to confer coastwise trading privileges or to alter any requirement under chapter 551 of this title or any other law governing coastwise trade.
"(k) Regulations.--The Secretary of Transportation shall promulgate regulations to carry out this section, including--
"(1) definitions of `control', `disqualifying influence', and "security-sensitive decisions
"(2) minimum required authorities and procedures for the security committee or equivalent governance mechanism required under subsection (e);
"(3) audit standards, reporting requirements, and confidentiality protections for sensitive security information; and
"(4) procedures for expedited review where necessary to support timely implementation of section 55352(l)(3)(A).
"(l) Rule of Construction.--Nothing in this section shall be construed to--
"(1) waive or modify vessel documentation, inspection, certification, safety, or security requirements administered by the Coast Guard or the Department of Labor;
"(2) deem any person or entity a citizen of the United States for purposes of this title, including chapter 121, except for the limited deeming described in subsection (j); or
"(3) limit any other national security review authority of the United States.
"Sec. 55354. Enforcement and compliance
"(a) Administration by Federal Maritime Commission.--
"(1) In general.--The Federal Maritime Commission shall administer and enforce this subchapter, including participation targets and any penalties for non-participation established under this subchapter.
"(2) Regulations.--Not later than 1 year after the date of enactment of this subchapter, the Commission shall prescribe implementing regulations pursuant to section 46105.
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Such regulations and final orders under this section shall be treated as issued pursuant to section 46105 for purposes of chapter 158 of title 28.
"(3) Preservation of vessel qualification determinations.--The Secretary of Transportation, in consultation with the U.S Trade Representative and Secretary of Commerce, shall retain authority to determine whether a vessel is a qualifying United States vessel (including any determinations involving a Maritime Special Security Agreement or similar mitigation arrangement). The Commission shall accept such determinations as conclusive for purposes of this subchapter. Such determinations shall be made in accordance with sections 55351, 55352, and 55353.
"(b) Shipper-level Compliance Duty.--
"(1) Requirement.--Each covered shipper, and each affiliated covered shipper group, shall ensure that its covered movements satisfy the applicable participation targets under this subchapter for each compliance year, as determined by the Commission. The Commission may determine, by regulation or order, to exempt low volume shippers from the requirements of this section if the Commission finds that such exemption will not result in a substantial impact on participation targets.
"(2) No liability for qualifying u.s. vessel movements.--A covered movement transported on a qualifying United States vessel shall be treated as compliant and shall not give rise to a non-participation assessment.
"(3) Measurement and aggregation.--Compliance shall be measured using existing customs documentation systems and shall be aggregated across each affiliated covered shipper group.
"(c) Annual Certification; Disclosure.--
"(1) Certification.--Not later than a date set by regulation (not later than 120 days after the close of each compliance year), each covered shipper shall file with the Commission an annual certification, in such form as the Commission shall prescribe, including--
"(A) the unique entity identifier of the covered shipper;
"(B) the identity and unique entity identifier of the ultimate parent entity;
"(C) a list of affiliated entities sufficient to identify the affiliated covered shipper group;
"(D) an attestation by a responsible corporate officer, under penalty of perjury, regarding completeness and accuracy; and
"(E) such shipment-level or aggregated data elements as are necessary to verify compliance using existing customs and shipping documentation.
"(2) Updates.--The Commission may require prompt updates upon changes in ultimate parent entity or control.
"(3) Confidentiality.--Information submitted under this subsection shall be protected as commercial or financial information to the extent permitted by law. The Commission may publish only aggregated, non-confidential compliance statistics.
"(d) Verification; Interagency Coordination.--
"(1) Customs integration.--The Commission shall verify compliance using existing customs documentation, including vessel manifest and cargo declaration information and entry data, without creating a new cargo classification regime.
"(2) Coordination.--Not later than 180 days after enactment, the Commission shall enter into memoranda of understanding, as appropriate, with U.S. Customs and Border Protection, the Department of Transportation, the Department of Homeland Security, and the Department of the Treasury to support data access, verification, and collection.
"(3) Audit; records.--The Commission may audit covered shippers and affiliated covered shipper groups for purposes of this section and may require retention and production of records sufficient to substantiate certifications.
"(e) Penalties for Non-participation.--
"(1) Imposition.--If the Commission determines, after notice and opportunity for hearing, that a covered shipper or affiliated covered shipper group failed to satisfy applicable participation targets for a compliance year, the Commission shall impose civil penalties equal to not less than 10 percent of the value of the shipper or shipper group's incoming cargo to the United States in the period of non-compliance.
"(2) No credit for non-compliance.--Payment of an assessment under this subsection shall not satisfy, offset, or reduce any participation target applicable in a subsequent compliance year.
"(3) Nature of assessment.--An assessment under this subsection is a civil monetary assessment and is in addition to any other civil penalty, customs duty, tax, fee, or remedy available under this subchapter or any other provision of law.
"(4) Exclusion of compliant movements.--Covered movements transported on qualifying United States vessels shall not be included in calculating an assessment under this subsection.
"(5) Delinquency; release of cargo.--After a final order finding repeated delinquency or evasion, the Commission may require, as a condition of release of additional covered cargo of the covered shipper or affiliated covered shipper group, the posting of payment security in a form acceptable to the Commission and the Secretary of the Treasury, including a surety bond, letter of credit, or cash deposit.
"(6) Escalation.--The Commission may impose additional penalties for repeated nonparticipation, evasion, or delinquency, including increased civil monetary penalties, shortened cure periods, and payment-security requirements under subsection (g).
"(7) Regulations.--The Commission shall prescribe regulations governing calculation, notice, collection, and mitigation of assessments under this subsection, but may not reduce the statutory minimum percentages established in paragraph (1).
"(f) Waiver of Adjustment.--The Secretary of Transportation may recommend waivers or reductions of assessments where compliance will materially disrupt critical supply chains during an ongoing national emergency as declared by the President.
"(g) Civil Penalties; False Statements.--
"(1) In general.--A person that violates this subchapter or a regulation or order of the Commission under this subchapter, including failure to file a certification, filing of a materially false certification, concealment of covered movements, willful misrepresentation, or evasion, is liable to the United States Government for a civil penalty not to exceed-- "(A) $100,000 for each violation; and
"(B) $250,000 for each violation that is willfully and knowingly committed.
"(2) Continuing violations.--Each day of a continuing violation after written notice from the Commission shall constitute a separate violation.
"(3) Separate offenses.--Each false material statement, each material omission, each failure to certify, each concealed covered movement, each use of a successor or affiliate to evade this subchapter, and each failure to comply with a payment-security requirement may constitute a separate violation.
"(4) Procedures.--The Commission shall provide notice and opportunity for hearing prior to issuance of a final order assessing a penalty or assessment. The Commission may seek injunctive relief under section 41307 of this title in connection with an investigation of alleged violations of this subchapter or a regulation or order of the Commission.
"(5) Customs penalties preserved.--Nothing in this section shall be construed to limit the authority of United States Customs and Border Protection to take action under title 19 against any person that makes or causes to be made a materially false statement, act, or omission in customs-related documentation to evade or defeat this subchapter, including under section 1592 of title 19.
"(6) Seizure and forfeiture.--Covered cargo introduced into the commerce of the United States through a material false statement, act, or omission to evade or defeat this subchapter is subject to seizure and forfeiture under applicable customs laws.
"(h) Anti-evasion; Attribution; Successor and Alter-ego; Payment Security.--
"(1) Aggregation across affiliates.--The Commission shall attribute covered movements and aggregate compliance across affiliated covered shipper groups, including common-control affiliates and persons acting in concert in routing, contracting, or payment.
"(2) Attribution rules.--The Commission shall by regulation prescribe rules to attribute covered movements using existing customs and shipping documentation, including service contract, bill of lading, and manifest/entry data elements, to the covered shipper and affiliated covered shipper group most directly benefiting from, directing, or controlling such movements.
"(3) Rebuttable presumptions.--The Commission shall establish rebuttable presumptions that--
"(A) movements are attributable to the entity identified as the account party/cargo owner in customs and shipping documentation;
"(B) movements of a newly formed or thinly capitalized entity with substantially common ownership, management, address, or logistics operations with a covered shipper are attributable to the affiliated covered shipper group;
"(C) a person that materially reorganizes after notice of investigation acts to evade unless proven otherwise by clear and convincing evidence; and
"(D) a covered movement routed through an intermediate foreign port or third country shall not be excluded from a designated trade lane solely by virtue of such intermediate routing, and may be attributed and treated as occurring within the designated trade lane based on the shipment's underlying origin, consignee, and account-party information in existing customs and shipping documentation, as specified by regulation.
"(4) Successor; alter-ego.--The Commission may treat a person as a successor or alter ego of another person for purposes of liability for assessments, penalties, and payment security where there is substantial continuity of ownership, management, operations, assets, or purpose, or where the
transaction or formation had a principal purpose of evasion. Liability may be joint and several within an affiliated covered shipper group.
"(5) Payment security for repeat evasion or delinquency.--After a final order finding repeated evasion or delinquency, the Commission may require a covered shipper or affiliated covered shipper group to post and maintain reasonable payment security (including surety bond, letter of credit, or cash deposit) to secure future assessments and penalties for a period not to exceed 2 years, renewable upon a new finding after notice and opportunity for hearing.
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This paragraph shall not be construed to establish a general licensing regime.
"(6) No avoidance by restructuring.--The Commission may disregard any corporate form, transfer, conversion, assignment, spin-off, merger, dissolution, reincorporation, change in importer of record, change in beneficial cargo owner designation, change in service contract party, or other restructuring the principal purpose or material effect of which is to avoid compliance with, attribution under, or liability arising under this subchapter.
"(7) Joint and several liability of controlling persons.--Where the Commission finds that a predecessor, successor, affiliate, beneficial owner, ultimate parent entity, or controlling person participated in, directed, benefited from, or knowingly facilitated conduct described in paragraph (6), the Commission may impose joint and several liability on such person for assessments, penalties, interest, and payment-security obligations under this subchapter.
"(8) Control at less than majority ownership.--For purposes of this subsection, the Commission may find control notwithstanding section 55351(13) at any ownership level, or through contractual, financial, operational, family, agency, or other relationships, where the facts demonstrate the power to direct routing, contracting, payment, or corporate conduct relating to covered movements.
"(i) Limited Carrier Liability; Cooperation.--
"(1) No carrier compliance duty.--An ocean common carrier or ocean transportation intermediary, including a non-vessel-operating common carrier, shall not be responsible for a covered shipper's participation targets or assessments solely by transporting or arranging the transportation of covered cargo.
"(2) Recordkeeping and production.--Ocean common carriers and ocean transportation intermediaries shall, as specified by regulation, retain and produce records reasonably necessary to support verification; failure to maintain or produce records, or knowing submission of false records, may be penalized under subsection (f).
"(j) Transition; Effective Date.--
"(1) Initial compliance year.--The first compliance year shall begin on the first January 1 that occurs not less than 1 year after the date the Commission issues final regulations under subsection (a)(2), unless otherwise specified by statute.
"(2) Safe harbor.--For the first compliance year only, the Commission shall provide a good-faith safe harbor for covered shippers that timely file complete certifications and enter into commercially reasonable arrangements to meet targets, as defined by regulation.".
(b) Interagency Steering Body.--The Secretary, in consultation with the Secretary of Treasury, Secretary of State, Secretary of Defense, Secretary of Commerce, Secretary of Labor, United States Trade Representative, and Chairman of the Federal Maritime Commission, conduct periodic reviews to evaluate fleet growth, workforce capacity, industrial impacts, and compliance effectiveness.
(c) Domestic Repair Utilization.--
(1) Findings.--Congress finds the following:
(A) The United States ship repair sector constitutes a distinct and strategically critical component of the maritime industrial base and shall not be treated as merely an extension of ship construction.
(B) Domestic repair capacity supports routine operational readiness of United States naval forces, sustains commercial fleet availability during peacetime operations, and will be essential to maintaining maritime logistics and sealift capability during periods of contingency, mobilization, prolonged contested logistics operations, or contested operations.
(C) Strengthening the ship repair sector represents the most immediate and scalable means of restoring industrial depth because it leverages the existing fleet and workforce rather than future vessel construction pipelines.
(2) Domestic repair utilization.--Chapter 531 of title 46, United States Code, is amended by adding at the end the following new section 53112:
"Sec. 53112. Domestic repair utilization
"(a) Domestic Maintenance and Repair Requirement.--
"(1) In general.--Beginning not later than 3 years after enactment of this section, Qualified United States Vessels subject to an operating agreement under this chapter must have a percentage of maintenance and repair, as determined by cost, on the vessel conducted in United States shipyards, subject to a determination by the Maritime Administrator of sufficient shipyard capacity.
"(2) Maintenance and repair targets.--The Secretary of Transportation shall establish a target of not less than 10 percent of total maintenance and repair expenditures to be performed in United States shipyards, increasing annually by not less than 5 percent, unless the Maritime Administrator determines that available yard capacity, scheduling constraints, or operational readiness considerations warrant adjustment.
"(3) Implementation.--In implementing this section, the Secretary shall ensure that--
"(A) requirements remain subject to verified shipyard capacity, workforce availability, and operational schedules;
"(B) enhanced domestic repair utilization strengthens workforce continuity, preserves critical maintenance skills, and improves surge sustainment capability supporting national defense; and
"(C) implementation relies on existing contracting structures and avoids creation of duplicative regulatory regimes.
"(4) Rule of construction.--Nothing in this section shall be construed to interfere with the normal flow of commerce or disrupt commercially necessary maintenance cycles.
"(5) Cost offsets.--To offset commercially reasonable cost differentials associated with increased domestic repair activity, the Secretary may--
"(A) subject to the availability of appropriations, adjust stipend amounts paid under vessel operating agreements; and
"(B) with the concurrence of the Secretary of Defense, allow surcharges to be placed on certain contracts.
"(6) Waivers.--The Secretary of Transportation may grant waivers or temporary deviations if--
"(A) compliance is not commercially feasible;
"(B) compliance would materially disrupt logistics operations; or "(C) domestic yard capacity is unavailable.".
(d) Maritime Workforce Development.--
(1) Maritime workforce national center of expertise.--The Secretary of Transportation, in coordination with the Commandant of the Coast Guard and the Secretaries of Labor, Homeland Security, and Defense, shall establish a "Maritime Workforce National Center of Expertise" (the "Center"). The Center shall serve as a national repository of best practices and provide training, technical assistance, and curriculum development support to maritime academies, trade schools, unions, and other training providers.
(2) Functions of center.--The Center shall develop model curricula for mariner and shipbuilding training, expand simulator training capacity, support the development and expansion of registered apprenticeship programs (RAPS) in shipbuilding occupations and pre-apprenticeship programs that lead to such RAPs, and disseminate proven practices to universities, career and technical schools, and high schools nationwide. The Center shall make recommendations to the Secretaries of Transportation and Labor, and through the Secretaries to Congress, on expanding United States mariner training programs and shipbuilding workforce development.
(3) Mariner training finance plan.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor and the Secretary of Transportation shall jointly develop plans to maximize the use of federal workforce development and education funds, including Pell, Workforce Pell, JobCorps, WIOA Adult, WIOA Dislocated Worker, and WIOA Youth, Apprenticeship, YouthBuild, and Reentry Employment Opportunities.
(4) Review of credentialing requirements.--The Commandant of the Coast Guard, in consultation with industry representatives, labor unions, and maritime training institutions, shall review merchant mariner credentialing and training requirements and submit to Congress recommendations to streamline and accelerate training approval and credential issuance, while maintaining safety standards.
(5) International training partnerships.--The Secretary of State shall prioritize shipbuilding and mariner training in the Department of State's educational and cultural exchange programs, in order to strengthen the United States maritime workforce and share best practices with allied nations.
(6) Consultation.--In carrying out this subsection, the Secretary shall consult with maritime labor organizations, industry, State maritime academies, and other training providers.
(7) Rule of construction.--Nothing in this subsection shall be construed to alter the authorities of the Coast Guard with respect to credentialing, safety, or enforcement.
(e) General Rules of Construction.--
(1) No effect on coastwise trade laws.--Nothing in this section or the amendments made by this section shall be construed to alter, amend, waive, or supersede chapter 551 of title 46, United States Code, or any other law governing coastwise trade.
(2) Preservation of other authorities.--Nothing in this section or the amendments made by this section shall be construed to limit any authority otherwise available under law to the Federal Maritime Commission, the Department of Transportation, the Maritime Administration, the Coast Guard, the Department of Homeland Security, U.S. Customs and Border Protection, the Department of the Treasury, or the Department of Justice.
(3) No private right of action.--Nothing in this section or the amendments made by
this section shall be construed to create a private right of action.
(4) Severability.--If any provision of this section, an amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be invalid, the remainder of this section, the amendments made by this section, and the application of such provisions and amendments to any other person or circumstance shall not be affected thereby.
Add at the end of title XVII, the following new subtitle:
Subtitle C--Unidentified Anomalous Phenomena Records Collection At the National Archives and Records Administration
SEC. 1741.
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UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS
COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION.
(a) Establishment.--
(1) In general.--(A) Not later than 60 days after the date of the enactment of this Act, the Archivist shall commence establishment of a collection of records in the National Archives to be known as the "Unidentified Anomalous Phenomena Records Collection".
(B) In carrying out subparagraph (A), the Archivist shall ensure the physical integrity and original provenance (or if indeterminate, the earliest historical owner) of all records in the Collection.
(C) The Collection shall consist of record copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects), which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code.
(D) The Archivist shall prepare and publish a subject guidebook and index to the Collection.
(2) Contents.--The Collection shall include the following:
(A) All unidentified anomalous phenomena records, regardless of age or date of creation--
(i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act;
(ii) that are required to be transmitted to the National Archives; and
(iii) that the disclosure of which is postponed under this subtitle.
(B) A central directory comprised of identification aids created for each record transmitted to the Archivist under section 1742.
(C) All Review Board records as required by this subtitle.
(b) Disclosure of Records.--All unidentified anomalous phenomena records transmitted to the National Archives for disclosure to the public shall--
(1) be included in the Collection; and
(2) be available to the public--
(A) for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and
(B) digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter.
(c) Security of Records.--The National Security Program Office at the National Archives, in consultation with the National Archives Information Security Oversight Office, shall establish a program to ensure the security of the postponed unidentified anomalous phenomena records in the protected, and yet-to-be disclosed or classified portion of the Collection.
SEC. 1742. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY
GOVERNMENT OFFICES.
(a) Identification, Organization, and Preparation for Transmission.--
(1) In general.--As soon as practicable after the date of the enactment of this Act, each head of a Government office shall--
(A) identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and
(B) prepare such records for transmission to the Archivist for inclusion in the Collection.
(2) Prohibitions.--(A) No unidentified anomalous phenomena record shall be destroyed, altered, or mutilated in any way.
(B) No unidentified anomalous phenomena record made available or disclosed to the public prior to the date of enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified.
(C) No unidentified anomalous phenomena record created by a person or entity outside the Federal Government (excluding names or identities consistent with the requirements of section 1743) shall be withheld, redacted, postponed for public disclosure, or reclassified.
(b) Custody of Unidentified Anomalous Phenomena Records Pending Review.--During the review by the heads of Government offices under subsection (c) and pending review activity by the Review Board, each head of a Government office shall retain custody of the unidentified anomalous phenomena records of the office for purposes of preservation, security, and efficiency, unless--
(1) the Review Board requires the physical transfer of the records for purposes of conducting an independent and impartial review;
(2) transfer is necessary for an administrative hearing or other Review Board function; or
(3) it is a third agency record described in subsection (c)(2)(C).
(c) Review by Heads of Government Offices.--
(1) In general.--Not later than 300 days after the date of enactment of this Act, each head of a Government office shall review, identify, and organize each unidentified anomalous phenomena record in the custody or possession of the office for--
(A) disclosure to the public;
(B) review by the Review Board; and
(C) transmission to the Archivist.
(2) Requirements.--In carrying out paragraph (1), the head of a Government office shall--
(A) determine which of the records of the office are unidentified anomalous phenomena records;
(B) determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form;
(C)(i) determine which of the unidentified anomalous phenomena records of the office, or particular information contained in such a record, was created by a third agency or by another Government office; and
(ii) transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof;
(D)(i) determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this subtitle and
(ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 1743;
(E) organize and make available to the Review Board all unidentified anomalous phenomena records identified under subparagraph (D) the public disclosure of, which in-whole or in-part, may be postponed under this subtitle;
(F) organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this subtitle;
(G) give precedence of work to--
(i) the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of enactment of this Act;
(ii) the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence;
(iii) the identification, review, and transmission of unidentified anomalous phenomena records that on the date of enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and
(iv) the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible; and
(H) make available to the Review Board any additional information and records that the Review Board has reason to believe the Review Board requires for conducting a review under this subtitle.
(3) Priority of expedited review for directors of certain archival depositories.--The Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of unidentified anomalous phenomena records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this subtitle.
(d) Identification Aids.--
(1) In general.--(A) Not later than 45 days after the date of enactment of this Act, the Archivist, in consultation with the heads of such Government offices as the Archivist considers appropriate, shall prepare and make available to all Government offices a standard form of identification, or finding aid, for use with each unidentified anomalous phenomena record subject to review under this subtitle whether in hardcopy (physical), softcopy (electronic), or digitized data format as may be appropriate.
(B) The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system for cataloging and finding every unidentified anomalous phenomena record subject to review under this subtitle where ever and how ever stored in hardcopy (physical), softcopy (electronic), or digitized data format.
(2) Requirements for government offices.--Upon completion of an identification aid using the standard form of identification prepared and made available under subparagraph (A) of paragraph (1)) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government office shall--
(A) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes;
(B) transmit to the Review Board a printed copy for each physical unidentified anomalous phenomena record and an electronic copy for each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes; and
(C) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist.
(3) Records of the national archives that are publicly available.--Unidentified anomalous phenomena records which are in the possession of the National Archives on the date of enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this subtitle, and shall not be required to have such an identification aid unless required by the Archivist.
(e) Transmission to the National Archives.--Each head of a Government office shall--
(1) transmit to the Archivist, and make immediately available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of enactment of this Act, without any redaction, adjustment, or withholding under the standards of this subtitle; and
(2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this subtitle, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this subtitle, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection.
(f) Custody of Postponed Unidentified Anomalous Phenomena Records.--An unidentified anomalous phenomena record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 1741(c).
(g) Periodic Review of Postponed Unidentified Anomalous Phenomena Records.--
(1) In general.--All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board in the Controlled Disclosure Campaign Plan under section
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1746(c)(3)(B).
(2) Requirements.--(A) A periodic review under paragraph (1) shall address the public disclosure of additional unidentified anomalous phenomena records in the Collection under the standards of this subtitle.
(B) All postponed unidentified anomalous phenomena records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement relevant to these specific records. Such description shall be provided to the Archivist and published in the Federal Register upon determination.
(C) The time and release requirements specified in the Controlled Disclosure Campaign Plan shall be revised or amended only if the Review Board is still in session and concurs with the rationale for postponement, subject to the limitations in section 1746(d)(1).
(D) The periodic review of postponed unidentified anomalous phenomena records shall serve to downgrade and declassify security classified information.
(E) Each unidentified anomalous phenomena record shall be publicly disclosed in full, and available in the Collection, not later than the date that is 25 years after the date of the first creation of the record by the originating body, unless the President certifies, as required by this subtitle, that--
(i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and
(ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure.
(h) Requirements for Executive Agencies.--
(1) In general.--The heads of Executive agencies shall--
(A) transmit digital records electronically in accordance with section 2107 of title 44, United States Code;
(B) charge fees for copying unidentified anomalous phenomena records; and
(C) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.
(2) Amount of fees.--The amount of a fee charged by the head of an Executive agency pursuant to paragraph (1)(B) for the copying of an unidentified anomalous phenomena record shall be such amount as the head determines appropriate to cover the costs incurred by the Executive agency in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the Executive agency in making and providing such copy.
SEC. 1743. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
Disclosure of unidentified anomalous phenomena records or particular information in unidentified anomalous phenomena records to the public may be postponed subject to the limitations of this subtitle if there is clear and convincing evidence that--
(1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the unidentified anomalous phenomena record is of such gravity that it outweighs the public interest in disclosure, and such public disclosure would reveal--
(A) an intelligence agent whose identity currently requires protection;
(B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the Federal Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or
(C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States;
(2) the public disclosure of the unidentified anomalous phenomena record would reveal the name or identity of a living person who provided confidential information to the Federal Government and would pose a substantial risk of harm to that person;
(3) the public disclosure of the unidentified anomalous phenomena record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or
(4) the public disclosure of the unidentified anomalous phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.
SEC. 1744. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED
ANOMALOUS PHENOMENA RECORDS REVIEW BOARD.
(a) Establishment.--There is established as an independent agency a board to be known as the "Unidentified Anomalous Phenomena Records Review Board".
(b) Appointment.--
(1) In general.--The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena.
(2) Period for nominations.--(A) The President shall make nominations to the Review Board not later than 90 calendar days after the date of enactment of this Act.
(B) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter.
(3) Consideration of recommendations.--(A) The President shall make nominations to the Review Board after considering persons recommended by the following:
(i) The majority leader of the Senate.
(ii) The minority leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The minority leader of the House of Representatives.
(v) The Secretary of Defense.
(vi) The National Academy of Sciences.
(vii) Established nonprofit research organizations relating to unidentified anomalous phenomena.
(viii) The American Historical Association.
(ix) Such other persons and organizations as the President considers appropriate.
(B) If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph.
(C) The President may request an individual or organization described in subparagraph (A) to submit additional nominations.
(4) Qualifications.--Persons nominated to the Review Board--
(A) shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence;
(B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government's understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation
of the value of such material to the public, scholars, and government; and
(C) shall include at least--
(i) 1 current or former national security official;
(ii) 1 current or former foreign service official;
(iii) 1 scientist or engineer;
(iv) 1 economist;
(v) 1 professional historian; and
(vi) 1 sociologist.
(5) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member.
(B) Reports.--During the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the conflict of interest.
(c) Security Clearances.--
(1) In general.--All Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances.
(2) Qualification for nominees.--All nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate.
(d) Vacancy.--A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy.
(e) Removal of Review Board Member.--
(1) In general.--No member of the Review Board shall be removed from office, other than--
(A) by impeachment and conviction; or
(B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member's duties.
(2) Notice of removal.--(A) If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report specifying the facts found and the grounds for the removal.
(B) The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.
(3) Judicial review.--(A) A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia.
(B) The member may be reinstated or granted other appropriate relief by order of the court.
(f) Compensation of Members.--
(1) In general.--A member of the Review Board, other than the Executive Director under section 1745(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board.
(2) Travel expenses.--A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Review Board.
(g) Duties of the Review Board.--
(1) In general.--The Review Board shall consider and render decisions on a
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determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records.
(2) Considerations and rendering of decisions.--In carrying out paragraph (1), the Review Board shall consider and render decisions--
(A) whether a record constitutes a unidentified anomalous phenomena record; and
(B) whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this subtitle.
(h) Powers.--
(1) In general.--The Review Board shall have the authority to act in a manner prescribed under this subtitle, including authority--
(A) to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records;
(B) to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this subtitle, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent;
(C)(i) to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office;
(ii) to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this subtitle; and
(iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this subtitle;
(D) require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence;
(E) receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records;
(F) hold hearings, administer oaths, and subpoena witnesses and documents;
(G) use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and
(H) use the United States mails in the same manner and under the same conditions as other Executive agencies.
(2) Enforcement of subpoena.--A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.
(i) Witness Immunity.--The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)).
(j) Support Services.--The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis.
(k) Interpretive Regulations.--The Review Board may issue interpretive regulations.
(l) Termination and Winding Down.--
(1) In general.--The Review Board and the terms of its members shall terminate on September 30, 2030.
(2) Reports.--Upon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this subtitle.
(3) Transfer of records.--Upon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.
SEC. 1745. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW
BOARD PERSONNEL.
(a) Executive Director.--
(1) Appointment.--Not later than 45 days after the date of enactment of this Act, the President shall appoint 1 citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Review Board. This position counts as 1 of the 9 Review Board members under section 1744(b)(1).
(2) Qualifications.--The person appointed as Executive Director shall be a private citizen of integrity and impartiality who--
(A) is a distinguished professional; and
(B) is not a present employee of the Federal Government; and
(C) has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.
(3) Mandatory conflicts of interest review.--
(A) In general.--The Director shall conduct a review of each individual appointed to the position of Executive Director to ensure the Executive Director does not have any conflict of interest during the term of the service of the Executive Director.
(B) Reports.--During the course of the review under subparagraph (A), if the Director becomes aware that the Executive Director possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a report on the conflict of interest.
(4) Security clearances.--(A) A candidate for Executive Director shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner subject to the standard procedures for granting such clearances.
(B) A candidate shall qualify for the necessary security clearances and accesses prior to being appointed by the President.
(5) Functions.--The Executive Director shall--
(A) serve as principal liaison to the Executive Office of the President and Congress;
(B) serve as Chairperson of the Review Board;
(C) be responsible for the administration and coordination of the Review Board's review of records;
(D) be responsible for the administration of all official activities conducted by the Review Board;
(E) exercise tie-breaking Review Board authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure; and
(F) retain right-of-appeal directly to the President for decisions pertaining to executive branch unidentified anomalous phenomena records for which the Executive Director and Review Board members may disagree.
(6) Removal.--The Executive Director shall not be removed for reasons other for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board.
(b) Staff.--
(1) In general.--The Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board.
(2) Qualifications.--
(A) In general.--Except as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a citizen of integrity and impartiality who has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.
(B) Consultation with director of the office of government ethics.--In their consideration of persons to be appointed as staff of the Review Board under paragraph (1), the Review Board shall consult with the Director--
(i) to determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for employees of the executive branch of the Federal Government; and
(ii) ensure that no person selected for such position of staff of the Review Board possesses a conflict of interests in accordance with the criteria determined pursuant to clause (i).
(3) Security clearances.--(A) A candidate for staff shall be granted the necessary security clearances (including all necessary special access program clearances) in an accelerated manner subject to the standard procedures for granting such clearances.
(B)(i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted unidentified anomalous phenomena record materials.
(ii) If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person's employment.
(4) Support from national declassification center.--The Archivist shall assign one representative in full-time equivalent status from the National Declassification Center to advise and support the Review Board disclosure postponement review process in a non-voting staff capacity.
(c) Compensation.--Subject to such rules as may be adopted by the Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates--
(1) the Executive Director shall be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule and shall serve the entire tenure as one full-time equivalent; and
(2) the Executive Director shall appoint and fix compensation of such other personnel as may be necessary to carry out this subtitle.
(d) Advisory Committees.--
(1) Authority.--The Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this subtitle.
(2) FACA.--Any advisory committee created by the Review Board shall be subject to chapter 10 of title 5, United States Code.
(e) Security Clearance Required.--An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.
SEC. 1746.
Text printed in the Record (11,397 characters)
REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS REVIEW BOARD.
(a) Custody of Records Reviewed by Review Board.--Pending the outcome of a review of activity by the Review Board, a Government office shall retain custody of its unidentified anomalous phenomena records for purposes of preservation, security, and efficiency, unless--
(1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or
(2) such transfer is necessary for an administrative hearing or other official Review Board function.
(b) Startup Requirements.--The Review Board shall--
(1) not later than 90 days after the date of its appointment, publish a schedule in the Federal Register for review of all unidentified anomalous phenomena records;
(2) not later than 180 days after the date of enactment of this Act, begin its review of unidentified anomalous phenomena records under this subtitle; and
(3) periodically thereafter as warranted, but not less frequently than semiannually, publish a revised schedule in the Federal Register addressing the review and inclusion of any unidentified anomalous phenomena records subsequently discovered.
(c) Determinations of the Review Board.--
(1) In general.--The Review Board shall direct that all unidentified anomalous phenomena records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that--
(A) a Government record is not an unidentified anomalous phenomena record; or
(B) a Government record, or particular information within an unidentified anomalous phenomena record, qualifies for postponement of public disclosure under this subtitle.
(2) Requirements.--In approving postponement of public disclosure of a unidentified anomalous phenomena record, the Review Board shall seek to--
(A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and
(B) determine, in consultation with the originating body and consistent with the standards for postponement under this subtitle, which of the following alternative forms of disclosure shall be made by the originating body:
(i) Any reasonably segregable particular information in a unidentified anomalous phenomena record.
(ii) A substitute record for that information which is postponed.
(iii) A summary of a unidentified anomalous phenomena record.
(3) Controlled disclosure campaign plan.--With respect to unidentified anomalous phenomena records, particular information in unidentified anomalous phenomena records, recovered technologies of unknown origin, and biological evidence for non-human intelligence the public disclosure of which is postponed pursuant to section 1743, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the President, the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Government Reform of the House of Representatives a Controlled Disclosure Campaign Plan, with classified appendix, containing--
(A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific unidentified anomalous phenomena records; and
(B) a benchmark-driven plan, based upon a review of the proceedings and in conformity with the decisions reflected therein, recommending precise requirements for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which each postponed item may be appropriately disclosed to the public under this subtitle.
(4) Notice following review and determination.--(A) Following its review and a determination that a unidentified anomalous phenomena record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination of the Review Board and publish a copy of the determination in the Federal Register within 14 days after the determination is made.
(B) Contemporaneous notice shall be made to the President for Review Board determinations regarding unidentified anomalous phenomena records of the executive branch of the Federal Government, and to the oversight committees designated in this subtitle in the case of records of the legislative
branch of the Federal Government. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 1743.
(d) Presidential Authority Over Review Board Determination.--
(1) Public disclosure or postponement of disclosure.--After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an unidentified anomalous phenomena record of the executive branch of the Federal Government or information within such a record, or of any information contained in a unidentified anomalous phenomena record, obtained or developed solely within the executive branch of the Federal Government, the President shall--
(A) have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 1743; and
(B) provide the Review Board with both an unclassified and classified written certification specifying the President's decision within 30 days after the Review Board's determination and notice to the executive branch agency as required under this subtitle, stating the justification for the President's decision, including the applicable grounds for postponement under section 1743, accompanied by a copy of the identification aid required under section 1741.
(2) Periodic review.--(A) Any unidentified anomalous phenomena record postponed by the President shall henceforth be subject to the requirements of periodic review, downgrading, declassification, and public disclosure in accordance with the recommended timeline and associated requirements specified in the Controlled Disclosure Campaign Plan unless these conflict with the standards set forth in section 1743.
(B) This paragraph supersedes all prior declassification review standards that may previously have been deemed applicable to unidentified anomalous phenomena records.
(3) Record of presidential postponement.--The Review Board shall, upon its receipt--
(A) publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of unidentified anomalous phenomena records; and
(B) revise or amend recommendations in the Controlled Disclosure Campaign Plan accordingly.
(e) Notice to Public.--Every 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a unidentified anomalous phenomena record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the Senate, or the House of Representatives, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon to the maximum extent classification restrictions permitting.
(f) Reports by the Review Board.--
(1) In general.--The Review Board shall report its activities to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity.
(2) First report.--The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 1 year thereafter until termination of the Review Board.
(3) Contents.--A report under paragraph (1) shall include the following information:
(A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel.
(B) The progress made on review, transmission to the Archivist, and public disclosure of unidentified anomalous phenomena records.
(C) The estimated time and volume of unidentified anomalous phenomena records involved in the completion of the Review Board's performance under this subtitle.
(D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this subtitle.
(E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this subtitle, and a record of the volume of records reviewed and postponed.
(F) Suggestions and requests to Congress for additional legislative authority needs.
(4) Copies and briefs.--Coincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum the President, the Archivist, leadership of Congress, the Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and the Chairs and Chairmen, as the case may be, and Ranking Members and Vice Chairmen, as the case may be, of such other committees as leadership of Congress determines appropriate on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures, specifically addressing--
(A) recommendations for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which specific unidentified anomalous phenomena records and material may be appropriately disclosed;
(B) the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item;
(C) any other findings that the Review Board chooses to offer; and
(D) an addendum containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection.
(5) Notice.--At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date.
(6) Briefing the all-domain anomaly resolution office.--Coincident with the provision in paragraph (5), if not accomplished earlier under paragraph (4), the Review Board shall brief the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or any successor Office established by law, on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures.
SEC. 1747.
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DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN
ORIGIN AND BIOLOGICAL EVIDENCE OF NON-HUMAN
INTELLIGENCE.
(a) Exercise of Eminent Domain.--The Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good.
(b) Availability to Review Board.--Any and all such material, should it exist, shall be made available to the Review Board for personal examination and subsequent disclosure determination at a location suitable to the controlling authority of said material and in a timely manner conducive to the objectives of the Review Board in accordance with the requirements of this subtitle.
(c) Actions of Review Board.--In carrying out subsection (b), the Review Board shall consider and render decisions--
(1) whether the material examined constitutes technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt;
(2) whether recovered technologies of unknown origin, biological evidence of non-human intelligence, or a particular subset of material qualifies for postponement of disclosure under this subtitle; and
(3) what changes, if any, to the current disposition of said material should the Federal Government make to facilitate full disclosure.
(d) Review Board Access to Testimony and Witnesses.--The Review Board shall have access to all testimony from unidentified anomalous phenomena witnesses, close observers and legacy program personnel and whistleblowers within the Federal Government's possession as of and after the date of enactment of this Act in furtherance of Review Board disclosure determination responsibilities in section 1744(g) and subsection (c) of this section.
(e) Solicitation of Additional Witnesses.--The Review Board shall solicit additional unidentified anomalous phenomena witness and whistleblower testimony and afford protections under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)) if deemed beneficial in fulfilling Review Board responsibilities under this subtitle.
SEC. 1748. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
(a) Materials Under Seal of Court.--
(1) Information held under seal of a court.--The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under seal of the court.
(2) Information held under injunction of secretary of grand jury.--(A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under the injunction of secrecy of a grand jury.
(B) A request for disclosure of unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence materials under this subtitle shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury;
(2) the Secretary of State should contact any foreign government that may hold material relevant to unidentified anomalous phenomena, technologies of unknown origin, or
non-human intelligence and seek disclosure of such material; and
(3) all heads of Executive agencies should cooperate in full with the Review Board to seek the disclosure of all material relevant to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence consistent with the public interest.
SEC. 1749. RULES OF CONSTRUCTION.
(a) Precedence Over Other Law.--When this subtitle requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other provision of law (except section 6103 of the Internal Revenue Code of 1986 specifying confidentiality and disclosure of tax returns and tax return information), judicial decision construing such provision of law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government.
(b) Freedom of Information Act.--Nothing in this subtitle shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code.
(c) Judicial Review.--Nothing in this subtitle shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this subtitle.
(d) Existing Authority.--Nothing in this subtitle revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Federal Government to publicly disclose records in its possession.
SEC. 1750. TERMINATION AND EFFECT OF ACT.
(a) Provisions Pertaining to the Review Board.--The provisions of this subtitle that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 1744(l).
(b) Other Provisions.--(1) The remaining provisions of this subtitle shall continue in effect until such time as the Archivist certifies to the President and Congress that all unidentified anomalous phenomena records have been made available to the public in accordance with this subtitle.
(2) In facilitation of the provision in paragraph (1), the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or its successor as subsequently designated by Act of Congress, shall develop standardized unidentified anomalous phenomena declassification guidance applicable to any and all unidentified anomalous phenomena records generated by originating bodies subsequent to termination of the Review Board consistent with the requirements and intent of the Controlled Disclosure Campaign Plan with respect to unidentified anomalous phenomena records originated prior to Review Board termination.
SEC. 1751. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the provisions of this subtitle $20,000,000 for fiscal year 2027.
SEC. 1752. CONFORMING REPEAL AND TRANSITIONAL PROVISIONS.
(a) Repeal.--
(1) In general.--Subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) is hereby repealed.
(2) Clerical amendment.--The table of contents in section 2 of such Act is amended by striking the items relating to subtitle C of title XVIII.
(b) Automatic Inclusion and Transfer of Certain Records.--On the date of enactment of this Act--
(1) any record placed in, transmitted to, identified for inclusion in, cataloged for, or otherwise processed for inclusion in the collection established by subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) shall be deemed an "Unidentified Anomalous Phenomena record" for purposes of this subtitle; and
(2) the Archivist shall transfer the custody and administrative control of all such records (together with all related metadata, indexes, finding aids, processing notes, redaction logs, correspondence, and unique identifiers) to such collection without any further identification, certification, or action by the originating agency.
(c) Continuation of Pending Actions.--Any identification, search, review, segregation, or transmission required under subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) that is pending on the date of enactment shall continue without interruption and be completed in accordance with this subtitle.
(d) Deadlines.--All deadlines applicable to the records described under subsection (b)(1) shall run from the date of enactment of this Act unless an earlier date would result in earlier public disclosure, in which case the earlier date governs.
(e) Public Release.--Any record released, whether unredacted or redacted, to the public under subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) shall remain publicly available. Nothing in this subtitle authorizes re-imposition of redactions or restrictions on records already made public.
(f) References.--Any reference in law, regulation, directive, or other document to the collection established under subtitle C of title XVIII of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31) shall be deemed a reference to the Collection.
(g) Inventory and Mapping.--Not later than 30 days of after the date of enactment of this Act, the Archivist shall publish an inventory mapping prior collection identifiers to the new Collection identifiers, and shall maintain continuity of public access links.
SEC. 1753.
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DEFINITIONS.
In this subtitle:
(1) The term "Archivist" means the Archivist of the United States.
(2) The term "close observer" means anyone who has come into close proximity to unidentified anomalous phenomena or non-human intelligence.
(3) The term "Collection" means the Unidentified Anomalous Phenomena Records Collection established under section 1741.
(4) The term "Controlled Disclosure Campaign Plan" means the Controlled Disclosure Campaign Plan required by section 1746(c)(3).
(5) The term "controlling authority" means any Federal, State, or local government department, office, agency, committee, commission, commercial company, academic institution, or private sector entity in physical possession of technologies of unknown origin or biological evidence of non-human intelligence.
(6) The term "Director" means the Director of the Office of Government Ethics.
(7) The term "Executive agency" has the meaning given that term in section 552(f) of title 5, United States Code.
(8) The term "Government office" means any department, office, agency, committee, or commission of the Federal Government and any independent office or agency without exception that has possession or control, including via contract or other agreement, of unidentified anomalous phenomena records.
(9) The term "identification aid" means the written description prepared for each record, as required in section 1741.
(10) The term "leadership of Congress" 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.
(11) The term "legacy program" means all Federal, State, and local government, commercial industry, academic, and private sector endeavors to collect, exploit, or reverse engineer technologies of unknown origin or examine biological evidence of living or deceased non-human intelligence that pre-dates the date of the enactment of this Act.
(12) The term "National Archives" means the National Archives and Records Administration and all components thereof, including presidential archival depositories established under section 2112 of title 44, United States Code.
(13) The term "non-human intelligence" means any sentient intelligent non-human lifeform regardless of nature or ultimate origin that may be presumed responsible for unidentified anomalous phenomena or of which the Federal Government has become aware.
(14) The term "originating body" means the Executive agency, Federal Government commission, committee of Congress, or other Governmental entity that created a record or particular information within a record.
(15) The term "prosaic attribution" means having a human (either foreign or domestic) origin and operating according to current, proven, and generally understood scientific and engineering principles and established laws-of-nature and not attributable to non-human intelligence.
(16) The term "public interest" means the compelling interest in the prompt public disclosure of unidentified anomalous phenomena records for historical and Governmental purposes and for the purpose of fully informing the people of the United States about the history of the Federal Government's knowledge and involvement surrounding unidentified anomalous phenomena.
(17) The term "record" includes a book, paper, report, memorandum, directive, email, text, or other form of communication, or map, photograph, sound or video recording, machine-readable material, computerized, digitized, or electronic information, including intelligence, surveillance, reconnaissance, and target acquisition sensor data, regardless of the medium on which it is stored, or other documentary material, regardless of its physical form or characteristics.
(18) The term "Review Board" means the Unidentified Anomalous Phenomena Records Review Board established by section 1744.
(19) The term "technologies of unknown origin" means any materials or meta-materials, ejecta, crash debris, mechanisms, machinery, equipment, assemblies or sub-assemblies, engineering models or processes, damaged or intact aerospace vehicles, and damaged or intact ocean-surface and undersea craft associated with unidentified anomalous phenomena or incorporating science and technology that lacks prosaic attribution or known means of human manufacture.
(20) The term "temporarily non-attributed objects" means--
(A) the class of objects that temporarily resist prosaic attribution by the initial observer as a result of environmental or system limitations associated with the observation process that nevertheless ultimately have an accepted human origin or known physical cause. Although some unidentified anomalous phenomena may at first be interpreted as temporarily non-attributed objects, they are not temporarily non-attributed objects, and the two categories are mutually exclusive; and
(i) includes--
(I) natural celestial, meteorological, and undersea weather phenomena;
(II) mundane human-made airborne objects, clutter, and marine debris;
(III) Federal, State, and local government, commercial industry, academic, and private sector aerospace platforms;
(IV) Federal, State, and local government, commercial industry, academic, and private sector ocean-surface and undersea vehicles; and
(V) known foreign systems.
(21) The term "third agency" means a Government agency that originated a unidentified anomalous phenomena record that is in the possession of another Government agency.
(22) The term "unidentified anomalous phenomena" means--
(A) any object operating or judged capable of operating in outer-space, the atmosphere, ocean surfaces, or undersea lacking prosaic attribution due to performance characteristics and properties not previously known to be achievable based upon commonly accepted physical principles. Unidentified anomalous phenomena are differentiated from both attributed and temporarily non-attributed objects by one or more of the following observables:
(i) Instantaneous acceleration absent apparent inertia.
(ii) Hypersonic velocity absent a thermal signature and sonic shockwave.
(iii) Transmedium (such as space-to-ground and air-to-undersea) travel.
(iv) Positive lift contrary to known aerodynamic principles.
(v) Multispectral signature control.
(vi) Physical or invasive biological effects to close observers and the environment; and
(vii) includes what were previously described as--
(I) flying discs;
(II) flying saucers;
(III) unidentified aerial phenomena;
(IV) unidentified flying objects (UFOs); and
(V) unidentified submerged objects (USOs).
(23) The term "unidentified anomalous phenomena record" means a record that is related to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence (and all equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects) that was created or made available for use by, obtained by, or otherwise came into the possession of--
(A) the Executive Office of the President;
(B) the Department of Defense and its progenitors, the Department of War and the Department of the Navy;
(C) the Department of the Army;
(D) the Department of the Navy;
(E) the Department of the Air Force, specifically the Air Force Office of Special Investigations;
(F) the Department of Energy and its progenitors, the Manhattan Project, the Atomic Energy Commission, and the Energy Research and Development Administration;
(G) the Office of the Director of National Intelligence;
(H) the Central Intelligence Agency and its progenitor, the Office of Strategic Services;
(I) the National Reconnaissance Office;
(J) the Defense Intelligence Agency;
(K) the National Security Agency;
(L) the National Geospatial-Intelligence Agency;
(M) the National Aeronautics and Space Administration:
(N) the Federal Bureau of Investigation;
(O) the Federal Aviation Administration;
(P) the National Oceanic and Atmospheric Administration;
(Q) the National Archives and Records Administration;
(R) any Presidential library;
(S) any Executive agency;
(T) any independent office or agency;
(U) any other department, office, agency, committee, or commission of the Federal Government;
(V) any State or local government department, office, agency, committee, or commission that provided support or assistance or performed work, in connection with a Federal inquiry into unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; and
(W) any private sector person or entity formerly or currently under contract or some other agreement with the Federal Government.
At the end of subtitle C of title VII, add the following new section:
SEC. 7__. REVIEW OF CHAPERONE POLICIES WITHIN FACILITIES OF
THE DEFENSE HEALTH AGENCY.
(a) Review.--Not later than 60 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall review the compliance by all facilities of the Defense Health Agency with chaperone policies required by the policy memorandum of the Defense Health Agency dated December 15, 2025, and titled "Chaperones/Standbys within Defense Health Agency Facilities" (DHA-Policy Memorandum 25-020).
(b) Facilities in Noncompliance.--In carrying out the review under subsection (a), the Director shall--
(1) identify facilities that are not in compliance with the memorandum specified in such subsection; and
(2) not later than seven days after identifying a facility under paragraph (1), submit to Congress--
(A) an identification of the resources needed by such facility to comply with such memorandum; and
(B) information to enable Congress to verify when such facility is in compliance with such memorandum.
(c) Report.--Not later than 180 days after the date of the enactment of this Act, the Director shall submit to Congress a report containing the following:
(1) The findings of the review under subsection (a).
(2) A detailed plan outlining steps the Director has taken or will take pursuant to such review, including a timeline for completion of such steps.
(3) An evaluation of resourcing constraints of the Defense Health Agency in ensuring compliance with the memorandum specified under such subsection.
(4) A detailed plan outlining additional formalized guidance with respect to the provision of chaperones for sensitive medical examinations to be provided through policy instructions of the Defense Health Agency.
(5) A mechanism for monitoring the effectiveness of the policies contained within such memorandum on an ongoing basis, including establishing routine inspections and collecting data to assess compliance by facilities of the Defense Health Agency with such memorandum.
(6) An assessment of how existing law affects the provision of chaperones for sensitive medical examinations.
(7) Recommendations for changes to relevant law to more effectively implement the policies contained within such memorandum.
At the end of subtitle E of title X, add the following:
SEC. 10__. ADDITIONAL DETERMINATION REGARDING CERTAIN
UNMANNED GROUND VEHICLE SYSTEMS.
Section 1078(a)(2) of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159; 138 Stat.
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2075) is amended--
(1) by redesignating subparagraph (F) as subparagraph (G); and
(2) by inserting after subparagraph (E) the following:
"(F) A determination of whether the operation of covered unmanned ground vehicle systems in United States networks poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.".
Page 105, beginning on line 20, strike "and annually thereafter until 2030" and insert "and annually thereafter until the date on which there is no longer an executive agent designated under subsection (a)".
Page 102, line 15, strike "integration,".
Page 104, line 12, strike "Network integration" and insert "Networks".
Page 105, line 14, strike "integration into".
Page 106, line 11, strike "integration of".
The text of the amendment is as follows:
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At the end of subtitle A of title XI, insert the following new section:
SEC.___. REPORT ON REDUCING CIVILIAN EMPLOYMENT.
(a) Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committee on
Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report detailing options for reducing the number of civilians employed by the Department of Defense by 200,000. The report shall include--
(1) an assessment of current non-uniformed personnel levels across all components of the Department of Defense;
(2) recommendations for achieving a reduction of 200,000 positions while maintaining mission readiness and national security priorities; (3) an analysis of the anticipated cost savings associated with such reductions; and (4) any legislative or administrative actions needed to implement such recommendations.
The question was taken; and the Acting Chair announced that the noes appeared to have it.
Adam Smith (D-WA)12:30 p.m.
Mr. Chair, first of all, I thank everyone involved in the process. We do this every year, but I think it is really important that we recognize the people who did all of the work to make this bill possible--certainly, the HASC staff, my able team behind me and the team that serves Mr. Rogers and serves the full committee. We worked in a bipartisan way through well over a thousand amendments and two or three times that many ideas to craft together a very large piece of incredibly important legislation. That work should not go unrecognized.
The members of the committee also go out of their way to work in an incredibly bipartisan way, and that is a credit to Chairman Rogers. He makes a real effort to make sure that Democrats are included, that we have a fair conversation, and that we try to get to the best result possible. I think that is incredibly important.
Mr. Chair, I also thank the Rules Committee for their hard work. They have to sort through over a thousand amendments, as well. Of course, the floor staff that has to work through this entire process every year does an outstanding and amazing job. They are dedicated public servants who deserve our very high praise.
In the bill itself, there are things I like and things I don't like. I think it reflects the process overall. I think it does a very good job of doing oversight of getting to acquisition reform, of continuing along the path of how we innovate faster at scale. The chairman has done an excellent job of pointing out the need for that.
We need innovative technologies. We need them in a more cost-effective way. This bill reflects those priorities. It also supports our troops and our families, including pay raises, general benefits across the board, and a real focus on making sure that our servicemembers are taken care of.
I don't like that the SAVE America Act is going to be attached to this. I don't like the gratuitous anti-trans amendments that were added to the bill. There are other aspects of it that I am troubled by, but overall, I respect the process.
The big point I will make today is, I really think we are at a crossroads in this Congress, in the appropriations process, as well, but in the NDAA. We are trying to work in a bipartisan way, and I will say that Mr. Rogers does it. I think Senator Wicker in the Senate does it, but we have to do that against the backdrop of an unbelievably partisan and, in many ways, out-of-control administration and Department of Defense. They are taking us down roads that I think are incredibly dangerous and make it very hard to maintain that bipartisan spirit.
Mr. Chair, I want you to know that I am an incredibly reasonable person. I will work with absolutely anybody. Some people will say I am too willing to work with people, but that is the nature of the democratic process. I don't identify the people I like and don't like, and say if I don't like you, I am not going to work with you.
For representative democracy to work, we have to work with people that we disagree with--many times passionately, strongly--on incredibly important issues. We have done that throughout my entire time on this committee through a fair number of chairs and ranking members.
For 65 years--I haven't been on the committee for 65 years, but we have passed the National Defense Authorization Act. During President Trump's first term, when I was chair of the committee, I worked with the Trump administration. We got a good bill done. The second time, the President threw a little wrench in at the end. In a bipartisan way, we actually overrode the President's veto to make sure that the NDAA got done. This year, we have issues that have risen above the normal flow of partisan divide.
First of all, we have the budget number. When we add it all up--and I know this bill only has $1.15 trillion in it, but baked into the defense budget is another $350 billion in reconciliation. I forget where the supplemental is at these days. I think it is around $90 billion, but you add it all up, and they are asking for $1.6 trillion in the defense budget. That is a 60 percent increase at a time when we are running a nearly $2 trillion deficit.
People are talking openly about what is going to happen when the U.S. has to default in 5 years, 6 years. This is also at a time when, again, we insist on cutting taxes, cutting taxes. No, cutting taxes does not increase revenue. Just because revenue goes up from one year to the next when you have cut taxes--it was going to go up anyway.
The budget office says that the tax cuts cost us $4 trillion over 10 years. When you look at the other priorities that are out there--cuts to Medicaid, cuts to SNAP, inability to invest in infrastructure and housing. The American people are struggling to pay their bills. Then, we are going to put $1.6 trillion into the defense budget. It is not a reasonable thing to ask. We can't work in a bipartisan way on a number like that.
Again, the White House and Department of Defense take an unbelievably partisan approach. They have no interest in talking to us. They are giving briefings just to Republicans on crucial issues. That has never happened before. Through Democrat or Republican, I have never seen anything like this. The unbelievable partisanship is undermining our ability to get to a bipartisan bill, and it starts with the budget.
There are many other issues, like the war in Iran. We are in an incredibly dangerous situation. The costs continue to escalate. We have lost more servicemembers.
Adam Smith (D-WA)12:30 p.m.
Mr. Chair, we stumbled into a conflict in the dumbest way imaginable. In the history of the United States of America, we have made some mistakes in wars. This was about as idiotic a thing as I have ever seen, and the cost is to the global economy, our reputation, instability in the Middle East, the loss of service members, and thousands of people wounded.
I know a lot of people say, well, it is terrible because Trump never had a plan. It is actually a hell of a lot worse than that. He had a plan. His plan was that he was going to bomb Iran for 4 weeks, and they were going to give up. That was literally his plan.
People told him in his own administration that was idiotic. It wasn't going to happen, but he did it anyway. Then, when it didn't work, he just thinks if we drop a few more bombs--here we are.
We keep hearing about how the Iranian military is completely obliterated. It is gone. They are defeated, yet the missiles and the drones keep coming. People in the region keep dying, and our service members keep dying.
That is not just a mistake. That is living in an alternative universe. That is not living in the world that we are actually in, and the war continues.
As we support anything in the defense area, we are de facto supporting this war with no end in sight. The way the President talks about it: Oh, we are going to take Kharg Island. We can take Kharg Island. It won't be a problem.
That is insane if you actually follow the military plans. Maybe you can take it, but you have to hold it. They are going to be lobbing missiles at you. We are in an incredibly serious business, and the President is talking about this like it is some sort of bad fiction novel.
We have to hold them accountable for that, and it is not just the war in Iran. We are engaged in a major conflict in Latin America right now, which people don't know about. We are fighting narcoterrorists. We are still blowing up boats. We are partnering with various different countries and killing people down there, all with no transparency.
Then, we have what is going on in Europe. We periodically threaten to pull troops out of Europe. The President and the Vice President and others talk about Europe facing civilizational erasure and really focused on that issue of pulling back from supporting them in any way because--what?--we are not allies and partners.
The strongest alliance, NATO, in the history of this country is regularly denigrated by our President. Now, I know that people want to kid themselves and say, "Look, he is just doing it so that our NATO partners step up. That is all we want to do," but that is not why he is just doing it.
I will give you a great example: Hungary. I was talking with a Department of Defense official the other day. He said our plan in Europe is actually working because NATO is stepping up, and, crucial to that, was that Orban lost so that Hungary supported the support for Ukraine, but our President and Vice President were supporting keeping the dictator in charge of Hungary so that never would have happened.
We are in incredibly dangerous times, and then, we have the President's use of our military domestically, which he has done. He gives a speech talking about election interference, leaving us all to wonder is he going to honor the outcome of this election. What is our obligation to make sure that he does? We are not in normal times.
I am also deeply concerned about Secretary Hegseth and the way he is running the Department of Defense. He, too, has no idea what is happening in Iran, or how we are ever going to get out of that war, but he has also talked about giving no quarter to our enemies.
We accidentally bombed a girl's school and killed 145 civilians. I don't know how long ago now, 3 or 4 months ago. It is obvious we did it. We won't take responsibility for it. Then, the Secretary of Defense comes out and says publicly: No quarter for our enemy. He has served in the military. He knows what that means--no survivors.
The President talks about erasing the Iranian civilization. He talks about bombing civilian targets. Never would the United States of America have done any of those things.
We are in an incredibly, incredibly dangerous time. I wish to maintain the bipartisan nature of this bill--I do, and I know that the chairman does.
But if we are going to do this, we are going to need some Republicans to stand up to the President of the United States and say, no. No, we are not going to get you $1.6 trillion. No, we are not just going to give you a blank check for a war that is totally out of control, not going anywhere, and with no end in sight.
I keep hearing people say: Well, we just have to finish the job, like we are cleaning out the garage, and if we just stick at it long enough--
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr. Thompson of Pennsylvania) having assumed the chair, Mr. Goldman of Texas, Acting Chair of the Committee of the Whole House on the state of the Union, reported that that Committee, having had under consideration the bill (H.R. 8800) to authorize appropriations for fiscal year 2027 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, had come to no resolution thereon.