## Quick facts
- **Record:** House Floor
- **Section type:** Floor speeches
- **Chamber:** House
- **Date:** July 22, 2026
- **Congress:** 119th Congress
- **Why this source matters:** This section came from the House floor portion of the record.
## Linked context
- **People mentioned:** [Self, Keith](/members/S001224), [Houlahan, Chrissy](/members/H001085), [Issa, Darrell](/members/I000056)
- **Bills and resolutions:** [H.Res. 1438 \(119th Congress\)](/legislation/hres1438-119), [H.R. 8800 \(119th Congress\)](/legislation/hr8800-119)
- **Committees:** [Committee on Armed Services](/committees/hsas00), [Committee on Homeland Security](/committees/hshm00), [Committee on Homeland Security and Governmental Affairs](/committees/ssga00)
## Readable version of the official text
The SPEAKER pro tempore. Pursuant to House Resolution 1438 and rule XVIII, the Chair declares the House in the Committee of the Whole House on the state of the Union for the further consideration of the bill, H.R. 8800.
Will the gentleman from Colorado \(Mr. Hurd\) kindly take the chair.
\{time\} 1121
In the Committee of the Whole
### Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of 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, with Mr. Hurd in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Tuesday, July 21, 2026, amendment No. 26 printed in part A of House Report 119- 755 offered by the gentleman from North
Carolina \(Mr. McDowell\) had been disposed of.
Amendment No. 28 Offered by Mr. Self
The Acting CHAIR. It is now in order to consider amendment No. 28 printed in part A of House Report 119-755.
Mr. SELF. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
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 \(42 U.S.C. 2000bb-1\);
“\(C\) 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 \(42 U.S.C. 2000bb-1\);
“\(C\) 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 \(42 U.S.C. 2000bb-1\);
“\(C\) 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 Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from Texas \(Mr. Self\) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. SELF. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise today in support of my amendment, which would attach the Military Chaplains Modernization Act of 2026 to the NDAA. It is supported by the Armed Forces Chaplains Board.
This is not simply a chaplain protection bill. This is a military readiness, religious liberty, and command support bill. This bill builds upon the truth that has been affirmed by the Supreme Court that the First Amendment rights of our military chaplains are not suspended at the doors of the Pentagon.
### Our chaplains serve on the front lines, providing for the moral and
spiritual well-being of our troops. The Department of War needs statutory clarity.
### Despite existing protections in the First Amendment, the Religious
Freedom Restoration Act, RFRA, and section 533 of the FY 2013 NDAA, chaplains continue to face obstacles for simply ministering according to their faith.
### These sections in title 10 were last updated in 1956 when polls
showed that 90 percent of America identified as Christian. The United States is far more religiously diverse now. This is why the Religious Freedom Restoration Act unanimously passed to protect religious freedom, and mainly religious minorities, in 1993.
### It is high time that title 10 was revised to reflect the diverse
faith needs of our servicemembers, while also providing protections for the diverse chaplains that serve them.
### The chaplain's ability to freely exercise their religious duties is
not only constitutionally protected but is essential to forming the conscience of the warfighter. It is what helps restrain the soldier from committing atrocities while also providing a sense of purpose when facing down death's door.
### Faith plays an essential role in forming and feeding the spirit of
warfighters with unwavering integrity. This legislation does not create new
rights. It simply codifies existing practices and protections across all service branches, which will ensure consistency for military chaplains of all faiths.
It also recognizes the breadth of chaplains' roles. They are not just religious officiants. They are the commanders' adviser on ethics, spiritual readiness, morale, and even suicide prevention.
### This does not mean they replace other entities which provide advice
or function. Rather, it ensures that chaplains, as spiritual advisers, are given a seat at the table.
Let me be clear: This amendment does not empower chaplains to impose a particular belief. Instead, it protects them from violations of conscience and ensures they can facilitate spiritual care for all faiths. In fact, the amendment also protects servicemembers' ability to access the spiritual care specific to their needs and faith tradition.
### Chaplains will continue to connect servicemembers of differing faiths
to chaplains representing their respective faiths and equip them with tools to meet their specific needs.
### This bill respects and maintains the pluralistic approach of the
military chaplaincy program. It also introduces real accountability under the Uniform Code of Military Justice for retaliation or censorship of a chaplain for acting according to their beliefs. This standard is essential to restoring trust.
In 1942, President Franklin D. Roosevelt acknowledged the importance of the chaplaincy by vowing to never fail to provide for the spiritual needs of our officers and men.
Mr. Chair, in order for military chaplains to serve our troops effectively, we must give them the legal protection to do so without fear or compromise.
Mr. Chair, I urge my colleagues to support the inclusion of the Military Chaplains Modernization Act in the NDAA, and I reserve the balance of my time.
Ms. HOULAHAN. Mr. Chair, I claim the time in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Pennsylvania is recognized for 5 minutes.
Ms. HOULAHAN. Mr. Chair, military readiness is not just physical. It is, indeed, mental. It is emotional. It is financial, and it is spiritual. That is why every branch of our Armed Forces maintains a Chaplain Corps.
Our chaplains are indispensable. They are counselors, advisers, and trusted members of the units and the families they serve. They strengthen the resilience of our force every single day, but chaplains are also servicemembers themselves.
They have assigned duties and responsibilities. Among those responsibilities are two sacred obligations. One is to faithfully practice their own religion and to faithfully protect every servicemembers' right to practice theirs.
### A chaplain's faith belongs to their religion, but their duty belongs
to every servicemember. That is how the Chaplain Corps serves the entire force without ever asking a chaplain to violate the tenets of their own faith.
### A Catholic priest, a Presbyterian minister, or a Jewish rabbi is not
expected to lead a Muslim prayer, but they are expected to ensure their Muslim servicemembers have a place to worship and help them identify a lay leader if one is, in fact, needed.
### That principle has guided our military for generations because it
protects every servicemember and because it respects every faith and even those who have none.
This amendment abandons that principle. It doesn't strengthen the religious liberty. It, indeed, narrows it. It transforms a chaplain's duty to care for every single servicemember into permission to turn some of them away.
### Under this amendment, a commanding officer who expects a chaplain to
carry out that longstanding responsibility could face punishment under the Uniform Code of Military Justice. That is, in fact, a profound departure from how our military has always understood religious liberty.
### The military asks Americans of every faith and those of no faith to
serve shoulder to shoulder with one another. Our Chaplain Corps exists to ensure that every one of those servicemembers can freely exercise their beliefs.
This amendment weakens that mission. It weakens the trust that holds military units together and ultimately it, therefore, weakens the force itself.
Mr. Chair, I urge my colleagues to oppose this amendment, and I yield back the balance of my time.
Mr. SELF. Mr. Chair, I am not sure, other than the statements against this amendment, what the opposition my colleagues on the other side of the aisle have from what I said. I failed to hear exactly what their opposition is, other than their statements of opposition to the amendment itself.
### Again, I say, chaplains will continue to connect servicemembers of
differing faiths to chaplains representing their respective faiths and equip them with tools to meet their specific needs.
\{time\} 1130
### There are now 31 faiths recognized by the Department of War, to
- include Muslims, Jews, Bahai, Sikh, agnostics, and I could go on.
### Again, I fail to understand the difference between what my colleague
- said in specifics with what I said.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the gentleman from Texas \(Mr. Self\).
The question was taken; and the Acting Chair announced that the ayes appeared to have it.
Ms. HOULAHAN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Texas will be postponed.
Amendment No. 30 Offered by Mr. Issa
The Acting CHAIR. It is now in order to consider amendment No. 30 printed in part A of House Report 119-755.
Mr. ISSA. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
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 Acting CHAIR. Members are reminded to refrain from engaging in personalities toward the President.
Mr. ISSA. Mr. Chairman, I am prepared to close if the other side has concluded.
Mr. CASTEN. I yield back the balance of my time.
Mr. ISSA. Mr. Chairman, in closing, I will be brief.
### I am not going to address the items that were said by the opposition
- because they don't go to the safeguards in this piece of legislation.
### Without this amendment, there is nothing to stop the administration
from providing, without specific requirements to disclose, classifications to any and all individuals, particularly individuals that are, quite frankly, within companies either doing or wanting to do business with the Federal Government.
### It doesn't stop the large companies from having unlimited access to
programs that may not be widely understood. As a result, they get an advantage of bidding on something no one knows about.
### Instead, what it requires is annual reporting, including to this
body, to Congress, to ensure that we can monitor this program. It sunsets. It is not for this administration, but for a 5-year period.
### Most importantly, it is extremely limited to private equity
investing, by definition in private companies. No part of public companies are affected here, just the opposite.
\{time\} 1140
### This is an opportunity for private companies to find investors who
can only invest if they have a reasonable knowledge of what the product is asked to be and nothing more, and every one of them must still pass the same rigorous application and retention policy for whatever level of clearance is required.
Mr. Chairman, I would hope that these words would help the other side understand that, in fact, Congress gains more control over many of the things being complained about by passing this amendment than by not.
Mr. Chair, I urge support for my amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the gentleman from California \(Mr. Issa\).
The question was taken; and the Acting Chair announced that the ayes appeared to have it.
Mr. CASTEN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from California will be postponed.
Amendment No. 34 Offered by Mrs. Hinson
The Acting CHAIR. It is now in order to consider amendment No. 34 printed in part A of House Report 119-755.
Mrs. HINSON. Mr. Chair, as the designee of Mr. Austin Scott of Georgia, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
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 Acting CHAIR. Pursuant to House Resolution 1438, the gentlewoman from Iowa \(Mrs. Hinson\) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentlewoman from Iowa.
Mrs. HINSON. Mr. Chair, this amendment would prohibit foreign nationals from designated countries of concern from accessing nonpublic areas of any national laboratory.
### This straightforward measure would protect the integrity of America's
national labs and the sensitive research that underpins our national security.
### For years, we know that the Chinese Communist Party has executed
sweeping, coordinated campaigns to acquire American tech and innovation by any means necessary.
Last month, Mr. David Shedd, the former Acting Director of Defense Intelligence Agency, said: Efforts blending cyber espionage, human intelligence, academic collaboration, and commercial investments have fueled China's rapid military and economic rise.
This should concern all of us.
### Congress passed a law 2 years ago which prohibited foreign nationals
from China, Russia, Iran, and North Korea from accessing our weapons labs. This was an important first step, but now we must address the same vulnerabilities in our science labs. These are labs where sensitive but unclassified work on artificial intelligence, quantum technologies, and advanced computing are performed.
### These are the very labs that the President has tasked with executing
the Genesis Mission, a modern-day Manhattan Project, to ensure that the United States wins the race for AI dominance. Yet, at the same time, we are allowing thousands of nontraditional intelligence collectors from our competitors and greatest adversaries to operate inside of these facilities.
We know China's playbook. The CCP will weaponize any expertise it gains militarily, commercially, or economically. Our adversaries are running sophisticated espionage campaigns while we are rolling out the red carpet for thousands of these foreign nationals from proven countries of concern. This is a direct threat to our national security.
Mr. Chair, this amendment simply closes a known vulnerability. It prohibits foreign nationals from countries of concern from accessing any nonpublic area of a national laboratory that receives Defense funding.
### Building on those actions taken 2 years ago, this amendment protects
the Genesis project and mission and ensures that America, not our adversaries, will reap the benefits of scientific breakthroughs that our scientists achieve.
Mr. Chair, I reserve the balance of my time.
Mr. FOSTER. Mr. Chair, I claim the time in opposition to the amendment.
The Acting CHAIR. The gentleman from Illinois is recognized for 5 minutes.
Mr. FOSTER. Mr. Chair, this amendment is unnecessary, and I urge everyone to oppose it.
### The Department of Energy Laboratories are on to this problem, and
- they have been on to it for decades.
### Prior to serving in Congress, I spent over 20 years at Fermi National
Accelerator Laboratory, where we had Russian collaborators during the heart of the Cold War. Some of the very first experiments that were done at Fermi National Lab had Russian participants, and we had incredibly competent scientists coming and visiting.
It was actually kind of amusing. When you had a group of Russian collaborators, there would be five brilliant scientists and then one guy who was not a very good physicist. He was the KGB guy, and everyone laughed about it.
We had this under control. It was also a huge benefit to the United States not only because of the brilliant assistance we had to grow our science
### program, but also, frankly, as a source of intelligence assets because
these brilliant scientists would go back to Russia, and we would maintain interesting communications with them.
### That is especially important today because China has basically
installed the surveillance state. It is very difficult for us to maintain human assets in China, but this is one of the only opportunities that we have to actually develop high-level scientific assets. From that point of view alone, this is a wrong amendment.
It is not just me who feels this way. Donald Trump's Department of Energy opposes this, and I will just read verbatim their comment on it:
“This amendment effectively imposes an outright prohibition on access to DOE national laboratories for all foreign nationals from countries of concern, regardless of their mode of access. While intended to address security concerns, this sweeping restriction will severely disrupt the national laboratory research and development ecosystem and key administration research priorities,” from the Trump administration.
“The Office of Science and other DOE lab-stewarded programs have a significant number of international scientists and engineers who serve as employees, users of SC scientific user facilities, or collaborative visitors. These individuals already undergo indices checks and extensive, multi-layered risk mitigation measures prior to receiving Laboratory access. By bypassing these tailored, risk-based protocols in favor of a blanket ban, this amendment will disrupt essential scientific human resources who greatly contribute to domestic scientific competitiveness.”
Mr. Chair, it is not often that I agree with the Trump administration, but they pretty much nailed that one. This amendment is unnecessary and counterproductive.
Mrs. Hinson's amendment has identified a concern about the impact of foreign nationals from countries like Russia, China, and Iran, but principally China. However, this amendment is just unnecessarily restrictive on our national laboratories.
Mr. Chair, I urge my colleagues to join me in opposing this amendment, and I yield back the balance of my time.
Mrs. HINSON. Mr. Chair, while I think we can all agree that collaboration is an essential part of research, especially much of the research happening in our national laboratories, we are at a critical point for our country when it comes to national security and making sure that the investments that American taxpayers are putting into these institutions are protected from our adversaries.
Mr. Chair, I urge a “yes” vote on this amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the gentlewoman from Iowa \(Mrs. Hinson\).
The amendment was agreed to.
Amendment No. 44 Offered by Mr. Harrigan
The Acting CHAIR. It is now in order to consider amendment No. 44 printed in part A of House Report 119-755.
Mr. HARRIGAN. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
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 Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from North Carolina \(Mr. Harrigan\) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from North Carolina.
\{time\} 1150
Mr. HARRIGAN. Mr. Chairman, I rise today in strong support of my amendment. This amendment does one thing: It bars the Department of War from buying, installing, or operating automated speed cameras on military installations and requires any that are already in place to be decommissioned within 180 days.
These systems are not about safety. They are about revenue. They hand out fines without context, without discretion, and without due process for our servicemembers. We just spent the last few years working hard through the NDAA to increase lower enlisted pay, only to seemingly try to take it away from them.
Make no mistake, this is not just a financial risk. It is a security risk. We have seen what happens when camera networks tied to critical infrastructure get compromised. Reporting this year revealed that foreign intelligence services spent years secretly accessing Tehran's traffic camera network to track the movements of Iran's top leadership ahead of a strike that killed its Supreme Leader. These network systems are an open door for our adversaries to exploit.
### To be clear about what this amendment does not do, installation
commanders still keep the full authority to enforce speed limits through military police, exactly as they do today. Force protection, access control, and criminal investigation cameras at our facility gates will remain untouched. This amendment targets one narrow thing: automated speed enforcement, and nothing else.
### Our troops should not be a captive customer base for a ticketing
vendor or a soft target for our adversaries. This amendment closes that door while preserving every legitimate tool that a commander needs to keep a base safe.
Mr. Chair, I urge my colleagues to support this amendment, and I reserve the balance of my time.
Mr. CISNEROS. Mr. Chair, I rise in opposition to this amendment.
The Acting CHAIR. The gentleman from California is recognized for 5 minutes.
Mr. CISNEROS. Mr. Chair, I yield myself 1\\1/2\\ minutes.
Mr. Chair, I am going to say, I am pretty baffled by this amendment from my friend and colleague, and I rise in opposition to this amendment.
It moves base safety in the wrong direction. Even the Department of Defense opposes this amendment. This amendment would prohibit automated speed enforcement cameras on military installations.
### To be clear, these cameras aren't about punishing our troops or their
families. They exist to keep bases and military families safe. These cameras keep reckless drivers accountable and have a proven and effective record for reducing traffic accidents and maintaining safe and orderly driving.
### According to the Federal Highway Administration, speed enforcement
cameras have been found to reduce roadway fatalities and injuries by up to 37 percent.
### I want to remind my colleagues that our military bases aren't just
for troops to work and train. They are home to schools, youth centers, child development centers, playgrounds, and family housing.
### Junior personnel can't usually afford vehicles and are usually having
to walk around bases. It is imperative that we maintain traffic safety. The servicemembers and families who live and
### work on these bases deserve every protection we can give them, and that
- must be part of this conversation.
### I have not heard one shred of data and not one credible argument that
- this amendment makes our installations safer.
Mr. Chair, I urge my colleagues to oppose this amendment, and I reserve the balance of my time.
Mr. HARRIGAN. Mr. Chair, I appreciate my colleague from California's concern about overall base safety. I think if we step back and actually look at the big picture here, what we are talking about is simply a tax on our lower enlisted personnel.
### We have military police to enforce safety standards that are already
issued by the base commanders across every installation that we have. At the end of the day, we cannot deny that NIPRNet has been compromised by over 90 percent of our most serious and significant adversaries—the exact same net that these speed cameras would live on.
### I think that is a significant concern for the safety and security of
our installation personnel and the operations that are ongoing on our installations. For that reason, I encourage my colleagues to strongly support this amendment.
Mr. Chair, I yield back the balance of my time.
Mr. CISNEROS. Mr. Chair, I appreciate my colleague's argument there, but if the Department of Defense can't maintain the cybersecurity cameras on our own installations, then we have a lot bigger problems.
### The truth is that vehicle accidents are one of the leading causes of
- death for our servicemembers.
Why are we even debating this? We should be debating amendments that rein in this administration's reckless conduct on this Iran war or its reckless spending in the Middle East. Instead, my colleagues would rather discuss speed cameras.
### The fact is, this amendment restrains the Secretary's ability to
allocate security and law enforcement resources to address traffic safety. Prohibiting the use of speed cameras also undermines an installation commander's ability to deploy the appropriate resources to effectively meet the traffic and public safety needs of the installation.
Mr. Chair, I urge my colleagues to oppose this reckless amendment, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the gentleman from North Carolina \(Mr. Harrigan\).
The question was taken; and the Acting Chair announced that the ayes appeared to have it.
Mr. CISNEROS. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from North Carolina will be postponed.
Amendments En Bloc No. 2 Offered by Mr. Rogers of Alabama
Mr. ROGERS of Alabama. Mr. Chair, pursuant to House Resolution 1438, I offer amendments en bloc.
The Acting CHAIR. 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.
Amendment No. 105 Offered by Mr. Cline of Virginia
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.
Amendment No. 106 Offered by Mr. Cloud of Texas
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”.
Amendment No. 108 Offered by Ms. Craig of Minnesota
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.”.
Amendment No. 109 Offered by Mr. Crane of Arizona
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.
Amendment No. 110 Offered by Mr. Crane of Arizona
At the end of subtitle B of title V, add the following new
section:
SEC. 5\_\_. 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.
Amendment No. 111 Offered by Mr. Crane of Arizona
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.
Amendment No. 112 Offered by Mr. Crawford of Arkansas
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. 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.
Amendment No. 113 Offered by Mr. Crawford of Arkansas
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.
Amendment No. 114 Offered by Mr. Crawford of Arkansas
At the end of subtitle F of title X, insert the following:
SEC. 10\_\_. 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.
Amendment No. 115 Offered by Mr. Crawford of Arkansas
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.
Amendment No. 116 Offered by Mr. Davidson of Ohio
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 \(b\).
Amendment No. 117 Offered by Mr. Davidson of Ohio
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. 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. 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.
Amendment No. 120 Offered by Mr. Dunn of Florida
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.”.
Amendment No. 121 Offered by Mr. Dunn of Florida
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.
Amendment No. 122 Offered by Mr. Dunn of Florida
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.
Amendment No. 123 Offered by Mr. Dunn of Florida
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.
Amendment No. 124 Offered by Ms. Elfreth of Maryland
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 \(a\).
Amendment No. 125 Offered by Ms. Elfreth of Maryland
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”.
Amendment No. 126 Offered by Ms. Escobar of Texas
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.
Amendment No. 127 Offered by Ms. Escobar of Texas
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.
Amendment No. 128 Offered by Ms. Escobar of Texas
At the end of subtitle C of title V, add the following new
section:
SEC. 5\_\_. 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.
Amendment No. 129 Offered by Mr. Evans of Colorado
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.
Amendment No. 130 Offered by Mr. Ezell of Mississippi
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.
Amendment No. 131 Offered by Mr. Figures of Alabama
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.
Amendment No. 132 Offered by Mr. Fine of Florida
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\_\_. 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.
Amendment No. 135 Offered by Mr. Fong of California
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 \(a\).
Amendment No. 136 Offered by Mr. Fong of California
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.
Amendment No. 137 Offered by Mr. Fong of California
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.
Amendment No. 138 Offered by Mr. Foster of Illinois
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.
Amendment No. 139 Offered by Mr. Fry of South Carolina
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.
amendment no. 141 offered by mr. gooden of texas
In title XV, amend section 1541 to read as follows:
SEC. 1541. 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.
amendment no. 142 offered by mr. gosar of arizona
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.
amendment no. 143 offered by mr. gosar of arizona
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.
amendment no. 144 offered by mr. gosar of arizona
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.
amendment no. 145 offered by mr. gosar of arizona
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.
amendment no. 146 offered by mr. gosar of arizona
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:
“Subtitle H—Yuma Proving Ground, Arizona
“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 \(43
U.S.C. 1701 et seq.\) 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.
amendment no. 151 offered by mr. graves of missouri
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.”.
Amendment No. 152 Offered by Mr. Graves of Missouri
At the end of title XXXV, insert the following:
Subtitle D—Coast Guard
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\_\_. 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. 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:
“SUBCHAPTER IV—SUPPORT”.
\(b\) 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. 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 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.
amendment no. 154 offered by mr. harris of maryland
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”.
amendment no. 155 offered by mr. hern of oklahoma
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.
amendment no. 156 offered by mr. hill of arkansas
In title XV, subtitle C, add at the end the following new
section:
SEC. 15\_\_. 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.
amendment no. 157 offered by mr. hill of arkansas
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”.
amendment no. 158 offered by mr. hill of arkansas
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.
The Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from Alabama \(Mr. Rogers\) and the gentleman from Washington \(Mr. Smith\) each will control 20 minutes.
The Chair recognizes the gentleman from Alabama.
Mr. ROGERS of Alabama. Mr. Chairman, I yield 2 minutes to the gentleman from California \(Mr. Fong\).
Mr. FONG. Mr. Chair, I rise today in support of my amendments to the fiscal year 2027 National Defense Authorization Act.
### Nowhere is this legislation more critical than in California's 20th
Congressional District, home to Edwards Air Force Base, the Naval Air Weapons Station China Lake, Naval Air Station Lemoore, and the Mojave Air and Space Port.
### I am honored to offer three amendments that support our installations
- today.
First, amendment No. 136 honors the eight heroes lost in the tragic B-52 crash at Edwards Air Force Base last month. It directs the Department of War to brief Congress on the cause of the accident.
### These brave individuals sacrificed their lives so that we can live in
peace and freedom. Their commitment and dedication will never be forgotten.
Second, amendment No. 137 directs a comprehensive study of medical and safety resources at Edwards Air Force Base. Edwards is located in a remote area of our State that is critical for the test work that is performed. I want to ensure that the military members, civilians, and contractors serving at the base have access to the health and safety resources needed to advance their mission.
Third, amendment No. 135 directs a study of supersonic airspace connectivity between the R-2508 Airspace Complex, which includes China Lake, Edwards Air Force Base, and Fort Irwin, and connects to the Point Mugu Sea Range.
### These ranges encompass over 56,000 square miles of world-class
testing capacity. Combined with the civilian capabilities of Mojave Air and Space Port and NASA Armstrong, my amendment will help better integrate supersonic airspace connectivity and would expand test capabilities for both military and commercial aerospace, keeping America at the cutting edge of defense innovation.
### These amendments help ensure our defense installations have the
resources, the safety, and the airspace they need to continue leading the way. I urge my colleagues to support them.
Mr. SMITH of Washington. Mr. Chairman, I reserve the balance of my time.
\{time\} 1200
Mr. ROGERS of Alabama. Mr. Chairman, I yield such time as he may consume to the gentleman from Texas \(Mr. McCaul\), my friend and colleague.
Mr. McCAUL. Mr. Chair, I thank our chairman for his great work on this National Defense Authorization Act. As always, he has delivered.
Mr. Chair, every day our Nation loses 17 veterans to suicide. These are men and women who survived combat but then lost to a quiet and longer war against the invisible wounds that they carried with them.
### Since the disastrous withdrawal from Afghanistan, many of them are
- **asking:** Was it worth it? Well, we are providing a solution to that
- problem here today.
I thank my colleague, Mr. Luttrell, for his service as a Navy SEAL and also for introducing this amendment to increase veterans' access to ibogaine. I know personally how much this means to our Nation's heroes because I have talked to them, the Special Operations Association, to people, veterans across this Nation who are clamoring for a solution to their problem, and we have one.
They should not have to travel to Mexico to receive this treatment. Countless vets have told me that they were going to give this one shot before they committed suicide. They went down. They experienced ibogaine, and they came back cured.
### Stanford University did a study on 30 veterans with TBI and PTSD,
verified through MRI brain scans, where it was demonstrated that ibogaine actually regenerated brain tissue and helped them get over their addiction to opioids and resolve their PTSD and TBI.
### This needs to be available in the United States of America now in
clinical trials to our veterans. My home State of Texas passed legislation to provide clinical trials to veterans for ibogaine.
I thank my former Governor, Rick Perry, and Mr. Bryan Hubbard, Americans for Ibogaine, for leading this effort. I thank Morgan Luttrell and Marcus, his brother, who we all know from the “Lone Survivor” story. Ibogaine saved their lives, and we have heard the testimony from them about the effectiveness of this medicine.
It is time, Mr. Chair, to make this medicine available to our veterans here in the United States at our VA clinics across the Nation.
### This amendment--and I thank the chairman for supporting it--will take
us to that point where we can now save their lives, where they don't have to worry about suicide and they don't have to be on 30 medications, for God sakes, to treat their addiction, to treat their PTSD when we know we have a medicine that works.
### The evidence, the data, and the Stanford study are all there to save
- their lives. I urge my colleagues to vote for this measure.
### Again, I thank all my colleagues, including the chairman and Morgan
Luttrell for their support. I thank the Energy and Commerce Committee for their work to bring all of this to the floor, not only today but in future legislation. I also thank the heroes, those who have served this country in harm's way, those who have put their lives at risk who are suffering from these diseases today for their service. We owe it to them to pass this legislation.
Mr. SMITH of Washington. Mr. Chair, I continue to reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I yield 2 minutes to the gentleman from Pennsylvania \(Mr. Bresnahan\).
Mr. BRESNAHAN. Mr. Chairman, I rise in strong support of this en bloc, which includes an amendment that calls on the President to award the Medal of Honor to Colonel Bob Graham of Nuangola, Pennsylvania.
### On May 1, 1966, at the height of Operation Birmingham in the Vietnam
war, then-Captain Graham flew his battle-damaged F-100 Super Sabre through monsoon weather to reach American troops surrounded by 4,000 enemy soldiers.
### He made more than 15 low-level attack passes under heavy artillery
fire, knowing full well he may not survive. He not only survived, but destroyed eight enemy gun positions, neutralized over 1,500 enemy troops, and broke the back of that assault, saving hundreds of American lives.
### Colonel Graham flew over 500 combat missions across four tours in
- Vietnam and served this country faithfully for 26 years.
He already earned the Silver Star for his heroic actions that day. However, it is past time that we recognize his actions went above and beyond the call of duty.
### I urge my colleagues to support this and finally give Colonel Graham
- the recognition he has long since earned.
Mr. SMITH of Washington. Mr. Chairman, I have no speakers on this en bloc. I continue to reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I yield 2 minutes to the gentleman from Tennessee \(Mr. Van Epps\).
Mr. VAN EPPS. Mr. Chairman, I am honored to rise today to offer three critical amendments.
### Military readiness depends on more than the weapons our warfighters
carry. It depends on the infrastructure that supports them, our ability to get new technology into their hands, and an industrial base capable of sustaining them in conflict.
### At Fort Campbell, much of the water and wastewater infrastructure is
more than 60 years old. A major failure could disrupt military operations and affect the health of military families.
This challenge extends far beyond Fort Campbell. That is why my amendment directs the Department of War to assess critical aging utility systems across military installations and prioritize future investments before failures degrade readiness.
### However, readiness also means ensuring our warfighters have the best
technology available. My second amendment will accelerate the delivery of advanced technologies to the battlefield, cutting through barriers that too often slow innovation. When conflict comes, we must have the capacity to sustain the fight.
### My third amendment requires major defense contractors to plan now for
how they would rapidly increase production during a national emergency or major conflict.
### We must ensure our military has the infrastructure, technology, and
industrial capacity to fight and win. I urge my colleagues to support these amendments.
Mr. ROGERS of Alabama. Mr. Chairman, I urge all Members to support the en bloc package, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I, too, urge all Members to support this en bloc package, and I yield back the balance of my time.
- Mr. HILL of Arkansas. Mr. Chair, I rise in support of Amendment No.
- 158.
Amendment No. 158 is extremely important to the Arkansas National Guard. That is why I am grateful to have the support of my Arkansas colleagues, Rep. Steve Womack and Rep. Rick Crawford.
### This amendment supports the Arkansas National Guard by seeking to
codify the proposed land exchange between the Arkansas National Guard and the U.S. Army Reserve on Camp Robinson in North Little Rock.
### Currently, there is a strategic mismatch in facility use for the
- Arkansas National Guard and the USAR on Camp Robinson.
### The land exchange will include a two-star division headquarters at
Camp Pike, currently occupied by a drilling unit with minimal full-time staff, a unit whose needs would be far better served by an armory.
### The second is the Chappell Armory in Arkansas, which was built for
traditional drilling units but currently operates as a full-time headquarters.
Amendment No. 158 seeks a no-cost land exchange between the Arkansas National Guard and USAR. This would result in a mutually beneficial outcome and ensure better stewardship of taxpayer dollars.
The Arkansas National Guard and the U.S. Army Reserve support the conveyance.
### I am pleased that there has been a signed a Memorandum of Agreement
\(MOA\) between Brigadier General Bridges of the Arkansas Guard and Brigadier General Cook of the Army Reserves.
Amendment No. 158 directly relates to the signed MOA, and it ensures the necessary continuity and stability for the proposed land exchange.
I urge my colleagues to support this amendment.
Mr. HILL of Arkansas. Mr. Chair, I rise to speak in support of Amendment No. 156.
### My amendment directs the Government Accountability Office \(GAO\) to
conduct a review of the quality and effectiveness of the Department of Defense's cyber intelligence sharing with state, local, Tribal, territorial, and private-sector partners.
### I drafted this amendment with the Arkansas National Guard to ensure
we analyze cyber information sharing to learn how to stop and mitigate cyber threats for homeland defense.
### As you may know, the National Guard is uniquely positioned by its
capabilities, geography, and manpower to add resilience to integrated critical infrastructure dependencies.
### That is why it is critical for the GAO to conduct this review, as it
can inform and better unify efforts among federal partners, state-level defenders, and other critical stakeholders to ensure faster warning, mitigation, incident response, and better defense of our critical infrastructure.
### This amendment is extremely important to central Arkansas and the
Arkansas National Guard. It is also extremely important to our national security and cyber health.
I urge my colleagues to support Amendment No. 156.
The Acting CHAIR \(Mr. Thompson of Pennsylvania\). The question is on the amendments en bloc offered by the gentleman from Alabama \(Mr. Rogers\).
The en bloc amendments were agreed to.
Amendments En Bloc No. 3 Offered by Mr. Rogers of Alabama
Mr. ROGERS of Alabama. Mr. Chair, pursuant to House Resolution 1438, I offer amendments en bloc.
The Acting CHAIR. 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:
Amendment No. 159 Offered by Mrs. Houchin of Indiana
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.
Amendment No. 160 Offered by Mrs. Houchin of Indiana
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.”.
Amendment No. 161 Offered by Mrs. Houchin of Indiana
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.
Amendment No. 162 Offered by Mrs. Houchin of Indiana
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.
Amendment No. 164 Offered by Ms. Hoyle of Oregon
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\_\_. 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.
Amendment No. 166 Offered by Mr. Huizenga of Michigan
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 \(III\)”.”.
Amendment No. 167 Offered by Mr. Jack of Georgia
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”.
Amendment No. 168 Offered by Mr. Jackson of Texas
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.
Amendment No. 169 Offered by Ms. Jacobs of California
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.
Amendment No. 171 Offered by Mr. Joyce of Ohio
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.
Amendment No. 172 Offered by Mr. Kean of New Jersey
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. 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.
Amendment No. 175 Offered by Mr. LaHood of Illinois
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.
Amendment No. 177 Offered by Ms. Lee of Nevada
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 \(42 U.S.C. 9858n\).
\(2\) 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.
Amendment No. 178 Offered by Mr. Levin of California
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.”
Amendment No. 179 Offered by Mr. Levin of California
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.
Amendment No. 181 Offered by Mr. Lucas of Oklahoma
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.
Amendment No. 182 Offered by Mrs. Luna of Florida
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.
Amendment No. 183 Offered by Mr. Luttrell of Texas
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
Amendment No. 184 Offered by Mr. Luttrell of Texas
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.
Amendment No. 187 Offered by Mr. Mannion of New York
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.
Amendment No. 188 Offered by Mr. Mast of Florida
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.
Amendment No. 189 Offered by Mr. Mast of Florida
At the end of subtitle F of title VI, add the following new
section:
SEC. 6\_\_. 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.
Amendment No. 190 Offered by Mr. McCaul of Texas
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\_\_. 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.
Amendment No. 194 Offered by Ms. Mejia of New Jersey
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.
Amendment No. 196 Offered by Mrs. Miller-Meeks of Iowa
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.
Amendment No. 197 Offered by Mrs. Miller-Meeks of Iowa
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.
Amendment No. 198 Offered by Mrs. Miller-Meeks of Iowa
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.
Amendment No. 199 Offered by Mrs. Miller-Meeks of Iowa
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.
Amendment No. 200 Offered by Mr. Min of California
At the end of subtitle E of title X, add the following new
section:
SEC. 10\_\_. 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.
Amendment No. 201 Offered by Mr. Moolenaar of Michigan
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.
Amendment No. 202 Offered by Mr. Moolenaar of Michigan
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.”.
Amendment No. 203 Offered by Mr. Moore of Alabama
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.
Amendment No. 205 Offered by Mr. Moore of Utah
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. 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.
Amendment No. 206 Offered by Mr. Moore of Utah
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.
Amendment No. 207 Offered by Mr. Moran of Texas
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 \(20
U.S.C. 7801\).
Amendment No. 208 Offered by Ms. Morrison of Minnesota
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.
Amendment No. 209 Offered by Mr. Mullin of California
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.
Amendment No. 210 Offered by Mr. Neguse of Colorado
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.”.
Amendment No. 211 Offered by Mr. Neguse of Colorado
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.
Amendment No. 212 Offered by Mr. Neguse of Colorado
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.
The Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from Alabama \(Mr. Rogers\) and the gentleman from Washington \(Mr. Smith\) each will control 20 minutes.
The Chair recognizes the gentleman from Alabama.
\{time\} 1210
Mr. ROGERS of Alabama. Mr. Chair, I yield 2 minutes to the gentleman from Ohio \(Mr. Davidson\).
Mr. DAVIDSON. Mr. Chairman, I rise today in support of Chairman Hill's amendment to extend the Defense Production Act for an additional 5 years.
### For decades, the Defense Production Act has served as an important
national security tool. It has continually provided the flexibility to strengthen our industrial base, respond to emergencies, and ensure the United States has resources it needs to meet national security threats at home and abroad.
### The Defense Production Act helps keep our supply chains secure,
strengthens manufacturing in the United States, and ensures that our servicemembers have the support they need to defend our Nation.
### At a time when our adversaries are investing heavily in new
technologies and strengthening their own industrial and defense capabilities, we cannot afford to fall behind.
### Earlier this Congress, the House Financial Services Committee
unanimously advanced bipartisan legislation to reauthorize and modernize the Defense Production Act. I was proud to sponsor that legislation. This reflects a shared understanding that a strong defense industrial base is essential to America's national security and to our economic resilience.
### Congress has a responsibility to provide our servicemembers with the
resources and support they need to accomplish their mission safely and effectively, and we must ensure there is no gap in essential provisions.
### While I am disappointed that this House is not considering the full
bipartisan reauthorization of our standalone bill, I do believe it is essential that we provide certainty to our own economy, to our defense industrial base, and to the manufacturers and processors to help keep America secure. This is what a clean, 5-year extension achieves.
Mr. Chair, I urge all of our colleagues to support this amendment.
Mr. ROGERS of Alabama. Mr. Chair, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I have no further speakers. At this time I urge support of the en bloc package, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I urge adoption of the en bloc package, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered by the gentleman from Alabama \(Mr. Rogers\).
The en bloc amendments were agreed to.
Amendments En Bloc No. 4 Offered by Mr. Rogers of Alabama
Mr. ROGERS of Alabama. Mr. Chair, pursuant to House Resolution 1438, I offer amendments en bloc.
The Acting CHAIR. 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:
amendment no. 213 offered by mr. nehls of texas
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.
amendment no. 214 offered by mr. nehls of texas
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.
amendment no. 218 offered by mr. nunn of iowa
In title XVIII, subtitle A, add at the end the following
new section:
SEC. 18\_\_. 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 \(50 U.S.C. 3003\).
amendment no. 219 offered by mr. nunn of iowa
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 \(a\).
amendment no. 220 offered by mr. nunn of iowa
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.
amendment no. 221 offered by mr. nunn of iowa
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.
amendment no. 222 offered by mr. nunn of iowa
At the end of subtitle D of title XVIII, add the following:
SEC. 18\_\_. 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.
amendment no. 223 offered by mr. nunn of iowa
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.”.
amendment no. 224 offered by mr. nunn of iowa
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.
amendment no. 225 offered by mr. nunn of iowa
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\_\_. 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 \(b\).
amendment no. 228 offered by mr. ogles of tennessee
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.
amendment no. 229 offered by mr. owens of utah
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.
amendment no. 231 offered by mr. patronis of florida
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.
amendment no. 232 offered by mr. pettersen of colorado
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16\_\_. 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.
amendment no. 233 offered by mr. pfluger of texas
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. 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.
amendment no. 234 offered by mr. pfluger of texas
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.”.
amendment no. 235 offered by mr. pfluger of texas
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.”.
amendment no. 236 offered by mr. pfluger of texas
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.
amendment no. 237 offered by mr. pfluger of texas
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”.
amendment no. 238 offered by mr. pfluger of texas
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”;
Amendment No. 239 Offered by Mr. Pfluger of Texas
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.
Amendment No. 242 Offered by Ms. Randall of Washington
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”.
Amendment No. 243 Offered by Mr. Raskin of Maryland
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. 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.”.
Amendment No. 244 Offered by Mr. Rogers of Alabama
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.
Amendment No. 245 Offered by Mr. Rose of Tennessee
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.
Amendment No. 246 Offered by Mr. Ruiz of California
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.
Amendment No. 247 Offered by Ms. Salazar of Florida
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.
amendment no. 248 offered by ms. salinas of oregon
At the end of subtitle D of title III, add the following
new section:
SEC. 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 \(a\).
amendment no. 249 offered by ms. scholten of michigan
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.
amendment no. 250 offered by ms. scholten of michigan
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
\(a\).
amendment no. 251 offered by ms. scholten of michigan
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.
amendment no. 252 offered by ms. scholten of michigan
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.
amendment no. 253 offered by ms. scholten of michigan
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.
amendment no. 254 offered by ms. scholten of michigan
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.
amendment no. 255 offered by ms. schweikert of arizona
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 \(50 U.S.C. 3121\) 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\_\_. 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.
The Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from Alabama \(Mr. Rogers\) and the gentleman from Washington \(Mr. Smith\) each will control 20 minutes.
The Chair recognizes the gentleman from Alabama.
Mr. ROGERS of Alabama. Mr. Chairman, I have no speakers on this en bloc package.
Mr. Chairman, I urge support of the package, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I, too, urge support of the en bloc, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered by the gentleman from Alabama \(Mr. Rogers\).
The en bloc amendments were agreed to.
Amendments En Bloc No. 5 Offered by Mr. Rogers of Alabama
Mr. ROGERS of Alabama. Mr. Chair, pursuant to House Resolution 1438, I offer amendments en bloc.
The Acting CHAIR. 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:
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. 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.
Amendment No. 278 Offered by Mr. Self of Texas
At the end of subtitle E of title XII, add the following
new section:
SEC. 12\_\_. 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 \(B\).
Amendment No. 279 Offered by Mr. Sessions of Texas
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 “\(b\)”.
Amendment No. 280 Offered by Ms. Sewell of Alabama
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................ ————————————————————————————————————————————————————————
Amendment No. 281 Offered by Mr. Shreve of Indiana
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. 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.
Amendment No. 282 Offered by Mr. Shreve of Indiana
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.
Amendment No. 283 Offered by Mr. Smith of New Jersey
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.
Amendment No. 284 Offered by Mr. Smith of Washington
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.
Amendment No. 285 Offered by Mr. Soto of Florida
At the end of subtitle F of title XVII, add the following
new section:
SEC. 18\_\_. 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.
Amendment No. 286 Offered by Mr. Soto of Florida
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.
Amendment No. 287 Offered by Mr. Soto of Florida
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.
Amendment No. 288 Offered by Ms. Stefanik of New York
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.
amendment no. 289 offered by mr. steube of florida
In title XVI, subtitle B, add at the end the following new
section:
SEC. 16\_\_. 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.
amendment no. 290 offered by mr. steube of florida
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 \(including by
demonstrating the capability to adequately care, house, and
train the horse\).”.
amendment no. 291 offered by ms. tenney of new york
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.
Amendment No. 298 Offered by Mr. Turner of Ohio
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.”.
Amendment No. 299 Offered by Mr. Turner of Ohio
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.
Amendment No. 300 Offered by Ms. Van Duyne of Texas
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”.
Amendment No. 301 Offered by Ms. Van Duyne of Texas
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”.
Amendment No. 302 Offered by Mr. Van Epps of Tennessee
At the end of subtitle C of title II, add the following new
section:
SEC. \_\_. 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.
Amendment No. 303 Offered by Mr. Van Epps of Tennessee
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.
Amendment No. 304 Offered by Mr. Van Epps of Tennessee
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.
amendment no. 306 offered by mr. vasquez of new mexico
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.
amendment no. 307 offered by mr. vindman of virginia
At the end of subtitle C of title VII, add the following
new section:
SEC. 7\_\_. 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.
amendment no. 308 offered by mrs. wagner of missouri
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.
amendment no. 310 offered by mr. webster of florida
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.
amendment no. 311 offered by mr. womack of arkansas
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 \(a\).
amendment no. 312 offered by mr. zinke of montana
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.
Amendment No. 313 Offered by Mr. Kelly of Mississippi
Strike title XXXVI and insert the following:
TITLE XXXVI—SHIPS FOR AMERICA
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. 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. 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.
Subtitle A—Oversight and Accountability
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 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.
Subtitle B—Maritime Security Trust Fund
SEC. 3621. 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.”.
Subtitle C—Sealift Capability
SEC. 3631. SEALIFT CAPABILITY.
\(a\) In General.—Subtitle V of title 46, United States
Code, is amended by adding at the end the following:
“PART H—STRATEGIC SEALIFT
- “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:
“Part H—Strategic Sealift”.
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.
Subtitle D—Vessels of the United States in International Commerce
CHAPTER 1—STRATEGIC SEALIFT PROGRAMS
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:
“CHAPTER 538—SHIPBUILDING FINANCIAL INCENTIVES
“\(a\) 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. 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”.....
CHAPTER 2—CARGO PREFERENCE
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. 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:
“SUBCHAPTER IV—SHIP AMERICA OFFICE
“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:
“subchapter iv—ship america office
“55341. Establishment of Ship America Office.”.
CHAPTER 3—REGULATORY REFORM
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. 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.
Subtitle E—Shipbuilding
CHAPTER 1—SHIPBUILDING FINANCIAL INCENTIVES
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. 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.
CHAPTER 2—DEPARTMENT OF DEFENSE PROGRAMS
SEC. 3665. 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.
CHAPTER 3—SHIPBUILDING INNOVATION AND INFRASTRUCTURE
SEC. 3668. 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 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.
Subtitle F—Workforce Development
CHAPTER 1—WORKFORCE INCENTIVES
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. 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 \(as that term is
defined in such section 3604\).
“\(B\) 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.”.
CHAPTER 2—WORKFORCE PIPELINE
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. 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.
CHAPTER 3—UNITED STATES MERCHANT MARINE ACADEMY AND STATE MARITIME
ACADEMIES
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. 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.
CHAPTER 4—MARITIME CREDENTIALING MODERNIZATION
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.”.
Amendment No. 314 Offered by Mr. Ezell of Mississippi
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 \(16 U.S.C. 1802\).”;
\(4\) 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 \(2 U.S.C. 661a\) 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:
“CHAPTER 3—COMPOSITION AND ORGANIZATION
“subchapter i-organization
- “Sec.
- “301. Grades and ratings.
“subchapter ii-positions
“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.
“subchapter iii-programs
“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. 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:
Subtitle D—Maritime Workforce and Education
SEC. 35\_\_. COMMERCIAL SHIPBUILDING INFRASTRUCTURE PROGRAM.
Section 54101 of title 46, United States Code, is amended
to read as follows:
“Sec. 54101. 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\_\_. 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\_\_. 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 \(3\).
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:
“SUBCHAPTER IV—UNITED STATES VESSEL PREFERENCE
“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. 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 \(including Navigation and
Vessel Inspection Circular No. 01-13, and any successor
guidance\) 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. 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. 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.
amendment no. 315 offered by mr. burlison of missouri
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. 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 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 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. 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. 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. 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.
amendment no. 317 offered by mr. carter of texas
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.
amendment no. 318 offered by mr. moolenaar of michigan
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 \(Public Law 118-159; 138 Stat. 2075\) 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.”.
amendment no. 319 offered by mrs. luna of florida
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 \(a\)”.
amendment no. 320 offered by mrs. luna of florida
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 Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from Alabama \(Mr. Rogers\) and the gentleman from Washington \(Mr. Smith\) each will control 20 minutes.
The Chair recognizes the gentleman from Alabama.
Mr. ROGERS of Alabama. Mr. Chairman, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I don't have any speakers, so I reserve the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I urge support of the en bloc package, and I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I urge support for the en bloc package, and I yield back the balance of my time.
Mr. THOMPSON of Pennsylvania. Mr. Chair, I rise today to recognize my amendment No. 297 in the National Defense Authorization Act of 2027, which ensures the Department of War and Scouting America remains in a partnership.
### For more than 116 years, Scouting America has endeavored to develop
young Americans into leaders of tomorrow through service, physical activities, and community projects.
### Scouting helps instill a drive in young people to carry out their
duty to God and country, understand the principles of the American social, economic, and governmental systems, and take pride in their American heritage, while being prepared to lead their communities.
### With more than one million participants who have contributed more
than seven million service hours in 2024 alone, Scouts know how to build stronger communities and how to lead people.
### Scouting America believes--and through over a century of experience,
knows—that helping youth is a key to building a more conscientious, responsible, and productive society.
### I am grateful for the longstanding partnership between Scouting
America and the Department of War. I can think of no better recruitment tool for our military than the lessons learned through Scouting.
### Scouts are known as leaders within their communities, and
approximately 15 percent of all military academy cadets and midshipmen across U.S. service academies are Eagle Scouts.
Mr. Chair, this historic partnership between Scouting America and the Department of War is a relationship that strengthens our country and ensures our best and brightest become leaders of tomorrow.
Mr. HILL of Arkansas. Mr. Chair, I rise in support of Rep. Steve Womack's Amendment No. 311, that I am proud to cosponsor.
Amendment No. 311 seeks to maximize taxpayer value by directing the Department of Defense to conduct and publish a cost comparison study for future F-35 basing locations for aircraft receiving first delivery between Fiscal Year 2030 and Fiscal Year 2035.
### As you may know, the next round of F-35 basing decisions is expected
- in the next 24 months.
### This study is critical to arm military decision-makers with
- objective, data-driven analysis before that decision is made.
### The Arkansas National Guard believes that this study is critical to
ensuring a complete understanding of the current mission and personnel before future F-35 basing decisions are made.
### I agree with the Arkansas National Guard and that is why I urge my
- colleagues to support Amendment No. 311.
Mr. SMITH of New Jersey. Mr. Chair, my amendment addresses a stark and increasing threat to our Nation's critical infrastructure, the malicious use of drones, especially their use around critical military installations and law enforcement vessels.
Amendment No. 283 requires the Inspector General of the Department of War to produce a report to Congress regarding Unmanned Aircraft Systems \(UAS\) activity around military installations in the United States and abroad, sensitive national security sites, military and law enforcement vessels, and the capabilities possessed by installations to counter this activity, protocols in place to coordinate with state and local law enforcement, and the sufficiency of legal authorities provided to installation commanders to address threats both inside and outside the wire.
### Over the last several years, there has been persistent unauthorized
drone activity around military installations. In 2024, for 17 days a fleet of unidentified drones penetrated the airspace over Langley Air Force Base in Virginia, home to advance jet fighters including F-22s, continuing on to the airspace over Joint Expeditionary Base Little Creek and Naval Station Norfolk.
### Also in 2024, the Department of War confirmed a number of drone
sightings over multiple installations in my state of New Jersey, including Picatinny Arsenal and Naval Weapons Station Earle in my district. Joint Base McGuire-Dix-Lakehurst, also in my district, has seen significant unauthorized drone activity including attempts to smuggle contraband in FCI Dix and other drones whose intent was not clear. Additionally, a Coast Guard Commanding Officer told me more than a dozen drones, in formation, followed a 47-foot rescue boat a mere 100 feet off the stern, as it made maneuvers in the ocean off Ocean County.
### Earlier this year, Barksdale Air Force Base in Louisiana--home to B-
52 bombers who play a critical role in America's nuclear triad—was forced to issue a shelter in place order due to reports of unauthorized drone activity. And just months ago, here in Washington D.C., Fort McNair saw unauthorized drone overflights. In testimony last year before the Senate Armed Services Committee, NORTHCOM Commander General Gregory M. Guillot expressed concern over what he called the “rapidly evolving strategic environment” and “the emergence of small unmanned aerial systems \(sUAS\) as a threat to infrastructure and personnel in the homeland.” He went on to describe the threat as “widespread” as “there were 350 detections reported” on military installations in 2024.
### At the same time, we have seen adversaries--notably Russia and Iran--
make significant investments in drone technology and seen its impact on the battlefield, both in Ukraine and in the Middle East. Communist China is a global leader in drone technology and continues to integrate these capabilities into its military doctrine and exercises. It is vital we gain a thorough understanding of adversary capabilities, and their will deploy these technologies to threaten American interests.
### Congress has taken steps to address these threats, both the Armed
Services Committee and Transportation and Infrastructure Committee have methodically strengthened military and law enforcements authority and ability to deploy counter-drone technology in recent reauthorization bills to, yet a further accounting of how widespread this threat is and what, if any shortfalls remain is needed.
### Make no mistake, it is imperative Congress ensure that those on the
ground and charged with the safety of military installations and the lives of servicemembers and the community at large have the authority and technology necessary to effectively mitigate and overcome these threats to protect the homeland.
### I thank the Committee on Rules for finding this amendment in order,
- and I urge my colleagues to support this amendment with a yes vote.
Mr. WALKINSHAW. Mr. Chair, I rise today in support of Amendment No. 309 to the FY2027 National Defense Authorization Act. My amendment would establish a pilot program to enable the Department of Defense \(DoD\) to more efficiently deploy modern cybersecurity solutions by accelerating the security verification of solutions that have already received FedRAMP High certification.
### FedRAMP is a standardized approach to certifying and assessing the
security of cloud computing technologies used across federal agencies, and a FedRAMP High certification is the strictest cloud security authorization level within FedRAMP.
### This level of certification ensures compliance with the standards
needed to securely handle and process the federal government's most sensitive unclassified information and data.
FedRAMP seeks to create a “certify once, reuse many times” model for cloud products and services that provides a secure and cost- effective approach to federal cloud service adoption.
The idea behind this concept of “certify once, reuse many times” or “reciprocity” as I like to refer to it, is that if a cloud service's security controls have already been certified at a basic level, multiple federal agencies should be comfortable with adopting the service for their own purposes.
### For years, DoD has relied on its own assessment and verification
process for cloud-based services, separate and distinct from FedRAMP— however, both DoD's and FedRAMP's assessment and verification processes rely on the same NIST standards and have the same goal, which is to certify that a cloud-based product meets security standards for federal use.
### What this means in practice is that both the government and our
private sector partners must invest significant time and resources to verify security controls for cloud service deployment not just once, but twice if they hope to make that service available to both Federal Civilian and DoD customers.
### Additionally, maintaining two parallel certification pathways has
created bottlenecks in deploying modern commercial cloud capabilities, including critical cybersecurity tools, within the DoD—even when those solutions have already been certified for civilian agency use under the same NIST standards through the FedRAMP program.
### This amendment would save the federal government time and resources
by encouraging reciprocity between the parallel FedRAMP and DoD cloud security assessment processes.
### It establishes a pilot program to accelerate the DoD's assessment of
cloud-based cybersecurity solutions that have already been authorized under the same underlying NIST standards that the Department's existing assessment process relies on.
### In doing so, this pilot will help deliver innovative commercial
cybersecurity capabilities to the warfighter more quickly, at a time when cyber threats from our adversaries are growing more sophisticated.
I urge my collegues to support this amendment. The Acting CHAIR. The question is on the amendments en bloc offered by the gentleman from Alabama \(Mr. Rogers\).
The en bloc amendments were agreed to.
Amendment No. 316 Offered by Mr. Grothman
The Acting CHAIR. It is now in order to consider amendment No. 316 printed in part A of House Report 119-755.
Mr. GROTHMAN. Mr. Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
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 Acting CHAIR. Pursuant to House Resolution 1438, the gentleman from Wisconsin \(Mr. Grothman\) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. GROTHMAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chair, this amendment requires the Department of War to examine options for reducing its civilian workforce by 200,000 positions. For point of reference, at the time that President Trump took office, the number of non-uniformed personnel in the Department of War was about 770,000. There was a buyout situation in which they reduced that number by about 80,000, and since that time, they have felt there were certain positions that they had to refill that they probably shouldn't have let go of, so right now they are sitting around 705,000.
### We know that DOGE felt that throughout government they had
unnecessary personnel. We have all heard anecdotal evidence of people working in a variety of agencies, but particularly the Department of War, who may not be necessary.
### I will point out, since I have kind of looked into this, that I have
found shocking anecdotes of people working in the private sector in big companies who manage to get by doing very little work because the companies are just plain too big and people fall between the cracks.
If that is going on in private-sector big companies, Mr. Chair, think how much more likely that is happening in a big organization like the Department of War.
### In any event, right now, we are dealing with a situation in which the
Department of War is asking for a considerable increase in money, in particular with regard to its authorization bill and also with regard to the other bill that we are going to be trying to pass this week.
Given that, we have to make sure that they are not wasting any money. I think it would be a good exercise for the Department of War to say: We have got at least 705,000 people. What would happen if we had to get rid of 200,000?
Maybe we will find they are all necessary, but I don't think so.
### In any event, I think it is good from time to time for big
organizations to look and see whether everybody is necessary and what they are doing. For too long, Washington has allowed Federal bureaucracies to grow without regularly asking whether every position is necessary and asking what people are doing.
### We can protect national security while also demanding efficiency and
accountability. As we know from the proposals that we are going to have to vote on this week, the military certainly needs to find new money and we are broke, so it would be better if they find out whether in their workforce they are wasting money.
\{time\} 1220
### In any event, we are going to ask the Department of War to see what
would happen if they had to reduce their number of nonuniformed positions by 200,000.
Mr. Chair, I urge my colleagues to support the amendment, and I reserve the balance of my time.
Ms. TOKUDA. Mr. Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Hawaii is recognized for 5 minutes.
Ms. TOKUDA. Mr. Chair, I strongly oppose this amendment, which would require the Department of Defense to develop plans to eliminate 200,000 civilian employees.
I have news for you: This administration already did that, and I saw the consequences with my own eyes. I had lunch with junior enlisted marines in Hawaii. They told me it took months to fix their broken washing machines, a full year to fix a sink in a barracks room. I saw windows duct taped and mold painted over. Childcare rooms were empty because they had no staff to care for servicemembers' children. When I asked the base commander why it took a year to fix a sink, he said it is because almost all of the maintenance staff took the deferred resignation program, and with the hiring freeze, they couldn't find replacements.
### There are 20,000 DoD civilian employees in Hawaii and about 800,000
worldwide. They are essential to readiness. At a time when Americans are struggling to make ends meet, they are good jobs. They have been and should remain stable jobs, too, allowing people to serve their country and care for their families.
### Bottom line, our war fighters rely on civilian employees for
everything, from maintenance to acquisition, to healthcare, to childcare. They keep our subs and jets battle-ready and our servicemembers healthy.
Mr. Chair, it is time we stop treating them as disposable. Instead, we should be investing in the civilian workforce, not continuing to threaten to cut their jobs. I strongly urge my colleagues to oppose this amendment, and I reserve the balance of my time.
Mr. GROTHMAN. Mr. Chair, just one final comment. We didn't say we were going to reduce the workforce by 200,000. We were going to say what happens if we try to do it. I do believe if you get around here and ask people, they will give you anecdotal evidence of people working for a very short period of time.
As far as already dealing with this, there was a buyout. As I mentioned, they bought out several employees who they shouldn't have bought out. Right now, we have reduced the workforce by about 65,000. Again, I think if you ask people in this town, it will not be hard to find people who feel people working in the Federal agencies are not doing a lot. I know that is true in the private sector. It is certainly more likely to be true here.
Mr. Chair, I am a little bit shocked that we won't even allow the Department to do a study. I reserve the balance of my time.
Ms. TOKUDA. Mr. Chair, I yield 2 minutes to the gentleman from New Jersey \(Mr. Norcross\).
Mr. NORCROSS. Mr. Chair, I rise in opposition to this amendment.
### This amendment requires a report to outline the option for reducing
the Department of Defense civilian workforce by 200,000 workers, a very arbitrary number.
### It is truly stunning, a continuation of unprecedented attacks on our
Federal civilian workforce that we have seen under this administration led by the very top, by President Trump and his Cabinet.
### I will remind my colleagues that President Trump established DOGE
last year, which resulted in cuts across the entire Federal workforce of over 280,000 employees. Since then, the Federal Government, and particularly the Department of Defense, has absolutely hemorrhaged critical talent, institutional knowledge, and subject-matter experts across our workforce, the men and women that we cannot afford to lose.
### Over the last year, we have already seen reductions across the
Department of Defense workforce by about 10 percent, over 78,000 workers. In fact, the GAO, the Government Accountability Office, already did a study on the Department of Defense's implementation of the 2025 reductions.
They put out their findings in a report on May 29 of this year. This is what they found: The Department of Defense did not consistently analyze the impacts on the civilian workforce reduction either in \`25 or in prior years.
A study has been done, and they did absolutely nothing with it. Instead, we are taking up this amendment, which arbitrarily seeks recommendations to reach a target of 200,000 people in reduction before we even understand the impacts of the last set of cuts that have taken place.
### Unfortunately, in our country and our national security, we already
are paying the price for these reckless attacks on our hardworking men and women who keep our workforce and our Defense Department running. What we absolutely already know is these firings—
The Acting CHAIR. The time of the gentleman has expired.
Ms. TOKUDA. Mr. Chair, I yield 30 additional seconds to the gentleman from New Jersey.
Mr. NORCROSS. Mr. Chair, let's get to the bottom line here. Our responsibility as Members of Congress is to make sure that we have a Department of Defense that is ready. We can't do it with less people. We are losing this institutional knowledge that is so critical for defending our Nation.
Mr. Chair, I am against this. Please reject this amendment.
Mr. GROTHMAN. Mr. Chair, just a final comment. I know somebody who bought a company, and he informs me that he found out that probably half of his white-collar employees were unnecessary.
### I think if you get around this town and talk to people, you will
certainly find a lot of anecdotal evidence. I think it is kind of amazing that the Democratic Party is afraid of a study. Maybe the study will come back and show it is tight as a drum. I don't think so. I am just kind of shocked that at a time when we are asking for tens of billions—hundreds of billions of dollars more for our Department of War, we are not going to do a study on our civilian employees.
Mr. Chair, I reserve the balance of my time.
Ms. TOKUDA. Mr. Chair, may I inquire as to how much time I have remaining.
The Acting CHAIR. The gentlewoman from Hawaii has 1\\1/4\\ minutes remaining.
- Ms. TOKUDA. Mr. Chair, I yield to the gentleman from Illinois \(Mr.
- Sorensen\).
Mr. SORENSEN. Mr. Chair, I rise today in strong opposition to the Grothman amendment.
### I am proud to live in an Army town and represent the historic Rock
Island Arsenal in the House of Representatives. Every single one of my neighbors works to support our troops and make sure that our readiness and logistics keep our country safe.
### I find it outrageous that this Commander in Chief and his loyalists
think it is okay to possibly kick these true Americans out of the civilian workforce, 200,000 patriots. These are combat veterans. These are experts.
Back home, the Rock Island Arsenal cannot deal with this. Mr. Chair, I will not remain silent when this amendment is dropped at the eleventh hour to decimate our institution. Mr. Chair, I also can't understand how anyone can call themselves America First when they offer plans to possibly throw men and women in uniform out just as casually as taking out the trash. These are patriots.
Mr. Chair, allowing this to move forward wouldn't just eliminate the jobs of 200,000 Americans, it would put our troops at risk, as well. I urge Republicans and Democrats to please honor them with a “no” vote on amendment No. 316.
Ms. TOKUDA. Mr. Chair, I yield back the balance of my time.
Mr. GROTHMAN. Mr. Chair, I yield myself the balance of my time to close.
Mr. Chair, I am just kind of shocked that we have a lot of people who don't want auditors poking around the Department of War and seeing what they will find out. I will point out the Department of War has not passed an audit for, I believe, almost 30 years. They are somewhat alone in that compared to other agencies. I guess one of the reasons, obviously, that you don't want to do an audit is that you are afraid what you might find out.
Mr. Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the gentleman from Wisconsin \(Mr. Grothman\).
The question was taken; and the Acting Chair announced that the noes appeared to have it.
Mr. GROTHMAN. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Wisconsin will be postponed.
\{time\} 1230
Mr. SMITH of Washington. Mr. Chair, I move to strike the last word for the purpose of doing closing debate on the NDAA. I assume Mr. Rogers intends to close, as well.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Washington. 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.
The Acting CHAIR \(Mr. Goldman of Texas\). The time of the gentleman has expired.
Mr. SMITH of Washington. Mr. Chair, I move to strike the last word again. I have, actually, eight of them if I want to use them.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Washington. 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.
\{time\} 1240
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 Acting CHAIR. The time of the gentleman has expired.
Mr. SMITH of Washington. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. SMITH of Washington. Mr. Chair, if we just stick at it long enough, we will be done. There is no plan. There is no plan to bomb a target that is going to make Iran change their mind.
### We have to stand up and say, no, we can't do those things, and I say
- all of that again.
### I want to get us back to a reasonable place where we can have a
bipartisan agreement, and I hope in the next couple of months we will get there.
### I really want people to understand how unprecedented this moment is
- that we are in.
### The President is taking us down a bitterly partisan and divisive road
and pushing policies—I didn't even talk about the tariffs that he slaps on our allies at a whim.
Look at Canada. Apparently, there are fires up in Canada, and the wind is blowing south, so it is Canada's fault, and we have to slap a 50 percent tariff on them. This is the way we govern? It is insane, and we need to rein it in.
We in Congress need to stand up and say: No, we are going to begin to get some of this under control. At a minimum, let's have a sensible budget. Let's stop the war in Iran.
I can't support this bill. It profoundly hurts me because I believe in this process. It is the last thing I will say. I will continue to want to work with any reasonable person who shows up in the Trump administration. I don't want to shun them because this body has to work. If we don't pass legislation, then the President has even more power. If the legislative branch shuts down, that simply consolidates more power in the executive branch.
We have to find a way through this, but it is not going to be easy. I want to
### make sure people understand the unprecedented nature of where we are
at, and we all begin to work together to get ourselves to a better place.
Mr. Chair, with that, I yield back the balance of my time.
Mr. ROGERS of Alabama. Mr. Chair, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Alabama. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I will start by thanking my good friend, Adam Smith, the ranking member of the Committee on Armed Services, for his work on this bill. Again, this year, we have continued to work in a bipartisan fashion to lead the Committee on Armed Services, and we have done this for years. I could not have a better partner in doing that.
### Folks really need to take note of this, because this is the largest
piece of authorizing legislation that moves through the Congress. It authorizes over half of all discretionary spending. We lead this committee in a bipartisan fashion. We passed this bill out of committee in a bipartisan fashion, and that doesn't just happen. That occurs because of leadership that we get from both sides of the aisle.
### The staff take their cue from the chair and the ranking member--and
other Members do—when we conduct our business, and we do it in a bipartisan fashion. It is so important. We are talking about our Nation's security. We are talking about our men and women who put their lives at risk for our Nation, for the families involved. We want them to know that this is not political gamesmanship that is leading up here. This is Members working in a serious, focused fashion to try to get good policy developed that will make their lives better and keep our Nation free and safe.
Adam Smith just does a great job in leading the committee. When he was chair, he led by example, and he has continued to lead by example as ranking member, and I appreciate that.
I also thank the staff for their work. We have an incredible professional staff on the Committee on Armed Services on both sides of the aisle. They do follow our lead, and they work in a very collaborative fashion, and I thank them for that.
### We had a little over a thousand Member provisions submitted to our
committee before the markup. We had 1,200 amendments offered during committee markup and 1,400 amendments here. The staff had to go through all of that and work it up, and they have just done it in a very professional fashion.
### I also thank House legislative counsel, CBO, and the Parliamentarian
for their leadership and staff in developing this bill to the point it is at today.
Mr. Chairman, a couple of weeks ago, we celebrated the 250th anniversary of our independence. But as many of you know, the Army, Navy, and Marine Corps are each celebrating their 251st birthday this year. That is because in 1775, the Continental Congress knew we needed a professional fighting force to secure our freedom.
### It was a bold and courageous act that shocked the British and the
world. I am certainly not asking for Congress to do anything that courageous.
### But for the sake of guaranteeing our freedom well into the future, we
need to act now to reverse decades of underinvestment and neglect in our Armed Forces and our defense industrial base.
This bill will do that and much more. It will build the ready, capable, and lethal fighting force we need to deter China and other adversaries.
### I know there are provisions in this bill that some folks disagree
- with, but understand that this is just a single step in a long process.
### Everyone should know that we will continue to work in a bipartisan
manner as we make our way through the Conference committee. We will work to produce a bill that can best pass both Chambers and be signed into law.
### I urge all Members to help us reach that goal by supporting this bill
- today and moving it along.
Mr. Chair, I urge a “yes” vote, and I yield back the balance of my time.
Mr. ROGERS of Alabama. Mr. Chairman, I move that the Committee do now rise.
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.
## Official source
- [Download the official section PDF](https://api.govinfo.gov/packages/CREC-2026-07-22/granules/CREC-2026-07-22-pt1-PgH5029-6/pdf)