James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 This act authorizes defense-related activities and addresses a wide variety of other issues. DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS This division establishes end strengths for the branches of the Armed Forces for FY2023, authorizes various defense-related activities for FY2023, and addresses other issues. For example, this division limits the Army in procuring Extended Range Cannon artillery howitzers; limits the Navy in divesting EA-18G aircraft; provides or extends procurement authority to the Navy for CH-53K heavy lift helicopters, for John Lewis-Class fleet replenishment oiler ships, and for San Antonio-class or America-class amphibious ships, while authorizing multiyear procurement contracts for Arleigh Burke class Flight III guided missile destroyers; requires the Air Force to maintain a minimum number of F-22 and C-130 aircraft; requires the Government Accountability Office (GAO) to conduct an audit of Department of Defense (DOD) efforts to modernize engines for the F-35 aircraft; requires DOD to provide support for the development of a network of bio-industrial manufacturing facilities related to national security; requires the Air Force and the Navy to implement processes for acquiring used and remanufactured commercial dual-use parts and using such parts in commercial derivative aircraft; establishes a working group to facilitate coordination between industry, academia, and DOD on microelectronics issues; establishes a program to increase defense research capability at historically Black colleges and universities; requires DOD to develop a strategy for fostering and strengthening the defense innovation ecosystem; authorizes a DOD pilot program to assess the feasibility and advisability of supporting battery producers and new battery technology, as well as to assess the viability of using commercial battery offerings in warfighter applications; authorizes DOD to establish a Center for Excellence in Environmental Security to provide education and research in civil-military operations and in managing the consequences of environmental insecurity relating to access to water, food, and energy; requires DOD to defuel the Red Hill Bulk Fuel Storage Facility in Hawaii and brief Congress on related issues, such as any efforts to place monitoring wells near the facility; prohibits, starting FY2027, DOD from procuring personal protective firefighting equipment containing intentionally added perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS substances), subject to the availability of alternatives; prohibits DOD from using a portion of the of Operations and Maintenance funds made available for military information support operations until DOD submits a plan for overseeing and coordinating those operations; authorizes military personnel end strength for active and reserve forces and authorizes the number of officers in each military service; requires DOD to rescind the mandate for Armed Forces members to be vaccinated against COVID-19; requires a report on Armed Forces recruiting from fiscal years 2018 through 2022; extends DOD authority to provide various pay bonuses to Armed Forces members; authorizes the Defense Health Agency to implement a permanent program to improve opioid management under TRICARE, the military health system; requires contractors of magnets containing rare earth metals to DOD to disclose the provenance of the magnet and, if unable to make such a disclosure, establish and implement a supply tracking system to assist in obtaining the required information; provides for an Assistant Secretary of Defense for Cyber Policy, expands the maximum number of Assistant Secretaries of Defense to 19, and expands the maximum number of Deputy Assistant Secretary of Defense to 60; establishes a commission on the future of the Navy to study and make recommendations on the size and force mixture of ships and naval aviation; extends authorities to support and assist security-related operations in Iraq and Syria; allows for special emergency procurement authorities to provide materiel and related services to support Ukraine's government and expands those authorities to allow transfer of manned and unmanned aircraft, such as attack, strike, airlift, and surveillance aircraft; authorizes temporary procurement of various munitions on multiyear procurement contracts to replenish stocks transferred to Ukraine; directs DOD to seek to engage counterparts in India to expand defense cooperation between the two countries; establishes the policy of the United States to maintain a capacity to resist a fait accompli that would jeopardize the security of the people on Taiwan; authorizes the Defense Intelligence Agency to establish an enhanced indications and warning program to increase warning time of potential aggression by adversary states, with a focus on the Indo-Pacific region and Europe; and requires DOD to seek to expand military cybersecurity cooperation with Jordan; requires the U.S. Cyber Command to establish a program office to manage the joint cyber warfighting architecture; requires DOD to establish requirements for satellite protection as part of space activity acquisition and to develop and publish a strategy to protect military satellites from degradation or destruction; requires DOD to seek to contract with a federally funded research and development center to assess the integrated air and missile defense architecture to defend Guam; and increases the maximum amount allowed in the Special Defense Acquisition Fund, for replenishing defense articles transferred to other countries under the Arms Export Control Act from $2.5 billion to $3.5 billion. DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS Military Construction Authorization Act for Fiscal Year 2023 This division authorizes specified military construction and land acquisition projects and addresses related issues. Specifically, the division authorizes projects for the Army, the Navy, the Air Force, the reserve components of such branches, and the DOD agencies. The division also authorizes DOD to make certain contributions for NATO construction and to engage in land acquisition projects. Other provisions in this division include requiring DOD to periodically analyze, for each military installation in the United States, whether the surrounding private sector rental market meets the housing requirements of the installation's military population; authorizing each military department to provide free leases of land, facilities, and infrastructure to federally funded research and development centers that have a contract with DOD if the lease would further the purposes of the contract; requiring DOD to consult with local and state entities if a DOD decision would result in a significant increase in the number of Armed Forces members assigned to a military installation; and withdrawing from public use certain land in Nevada and reserves such land to expand the Fallon Range Training Complex. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS This division authorizes various FY2023 activities of the Department of Energy (DOE) and the U.S. Maritime Administration. DOE activities authorized under this division include specified National Nuclear Security Administration (NNSA) activities; various defense environmental cleanup activities; specified new plant projects, including projects at the Los Alamos National Laboratory, the Idaho National Laboratory, the Hanford site, and the Bettis Atomic Power Laboratory; and various defense and nuclear energy-related activities. The division also (1) requires the GAO to brief Congress on DOE's national security requirements plan for unencumbered uranium; (2) makes permanent a prohibition against national security laboratories using DOE research and development funds for administrative overhead costs; (3) eliminates a cap on the number of full-time equivalent NNSA employees; (4) prohibits the NNSA from reconverting or retiring a W76-2 warhead unless the NNSA certifies that, among other things, Russia and China do not have naval capabilities similar to the W76-2; and (5) reauthorizes the Defense Nuclear Facilities Safety Board and authorizes certain functions even after the board loses a quorum. Furthermore, the division addresses various maritime-related issues, including authorizing activities and programs to maintain the U.S. Merchant Marine; authorizing the Merchant Marine Academy to confer a bachelor's degree on an individual who has a documented medical or psychological condition but otherwise meets all the qualifications for the degree (currently this exception only applies to physical conditions); establishing criteria and requirements to protect cadets from sexual harassment and sexual assault during their Sea Year service; modifying various programs related to developing maritime infrastructure; modifying the U.S. Marine Highway Program, including by imposing additional requirements on grants awarded under the program; requiring actions to address sexual assault claims, such as by establishing within the Merchant Marine Academy a program to track and manage information regarding sexual assault claims and incidents involving cadets; authorizing the start of construction of a new roll-on, roll-off cargo vessel for the National Defense Reserve Fleet; and requiring a strategy to ensure there is an adequate supply of U.S. citizen mariners trained to operate low- and zero-emission vessels. DIVISION D--FUNDING TABLES This division establishes amounts authorized for various projects, programs, and activities, subject to the availability of appropriations. DIVISION E--NON-DEPARTMENT OF DEFENSE MATTERS This division addresses various issues including veterans affairs, inspectors general independence, foreign affairs, financial data transparency, and immigration. This division establishes various requirements relating to Vet Centers at the Department of Veterans Affairs, such as (1) evaluating the productivity expectations for readjustment counselors, (2) ensuring that such counselors have opportunities to provide systemic feedback on the centers, and (3) developing and implementing staffing models. This division also establishes a pilot program to provide grants to eligible entities to combat food insecurity among veterans and their family members. The division establishes various requirements relating to placing an inspector general on non-duty status, such as requiring the President to provide to Congress in writing a substantive explanation of the detailed and case-specific reasons for the status change. The division also establishes that certain illnesses and diseases shall be presumed to be work-related causes of disability or death for federal employees in fire protection activities. This division also requires the Office of Personnel Management to establish and maintain a public website listing the occupant of each policy and supporting position in the federal government. The division also reauthorizes through FY2027 a Department of Health and Human Services program to award grants to states to maintain programs related to assistive technology (technology to assist individuals with disabilities), and modifies various aspects of the program. Furthermore, this division addresses various issues related to Taiwan. For example, the division (1) authorizes certain assistance to Taiwan, including Foreign Military Financing loans, loan guarantees, International Military Education and Training programs, and defense articles; (2) requires U.S. officials, including representatives to the United Nations, to actively support Taiwan's meaningful participation in international organizations; and (3) establishes a program to offer fellowships in Taiwan for eligible U.S. government employees. This division also establishes interagency task forces to oversee and facilitate U.S. government efforts to respond to (1) the government of China's coercive economic policies, and (2) efforts by China's government to censor or intimidate U.S. persons (individuals or entities) in the United States. This division addresses other issues concerning foreign relations. For example, the division requires the Department of State to develop and implement strategies to strengthen the relationship between the United States and Ecuador, including strategies to increase commercial ties and to help Ecuador combat criminal activity; establishes a program to help certain foreign countries identify and detect synthetic drugs; authorizes foreign assistance to help countries respond to pandemics; imposes sanctions on senior military officials of Burma (Myanmar) and certain entities related to Burma's defense sector or military; authorizes assistance for efforts to combat human rights abuses in Burma, including assistance to entities that identify suspected perpetrators of war crimes; authorizes additional U.S. Agency for Global Media activities to promote freedom of information and to counter censorship in North Korea; reauthorizes through FY2027 the Tropical Forest and Coral Reef Conservation Act of 1998, which provides debt reduction for eligible developing countries that take actions to protect tropical forests or coral reefs; requires the Department of the Treasury to engage with international financial institutions to support certain international efforts to provide debt restructuring and forgiveness for the world's poorest countries; requires Treasury and other agencies to take steps to exclude Russia from certain international organizations, including the Group of 20; and requires Treasury to work with other governments to pursue comprehensive debt relief for Ukraine. This division also establishes open data requirements for Treasury, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Federal Reserve System, the National Credit Union Administration, and the Federal Housing Finance Agency. For example, all public data assets published by these agencies must be (1) available as an open government data asset, (2) freely available for download, (3) in a human-readable format, and (4) accessible via an application programming interface where appropriate. The division also addresses other issues, including by making nationals of Portugal eligible for E visas (nonimmigrant visas for individuals involved in certain commercial activities or investments) if the government of Portugal provides similar nonimmigrant status to U.S. nationals; requires the National Science Foundation to, subject to appropriations, make awards to support research on distributed ledger technologies (distributed ledgers record and authenticate information about transactions and events where the recorded information is distributed among all members of a platform rather than stored on a centralized database); providing statutory authority for FedRAMP, a government-wide program that provides a standardized approach to security assessment, authorization, and continuous monitoring for cloud products and services; prohibiting data brokers from selling, purchasing, or otherwise trading in certain information, such as home addresses or license plate numbers, of federal judges and their families, and imposes limitations on the disclosure of such information by government agencies and other parties; and prohibiting federal agencies from acquiring semiconductor products or services from specified companies or entities owned by or otherwise connected to the government of a foreign country of concern. DIVISION F--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023 Intelligence Authorization Act for Fiscal Year 2023 This division authorizes for FY2023 the federal government's intelligence-related activities and addresses related issues. For example, the division permanently prohibits certain former intelligence community employees from providing certain services (e.g., services relating to national security or intelligence) to the governments of China, Russia, North Korea, Iran, Cuba, or Syria; requires a recipient of a grant from an intelligence community element to disclose whether it has, in the last five years, received material support that derives from China, Russia, Iran, North Korea, or Cuba; requires the Office of the Director of National Intelligence (ODNI) to conduct a review of violations of Executive Order 12333 regarding the collection of information on United States persons. requires the ODNI to establish a policy for minimum insider threat standards for the intelligence community; authorizes the ODNI to prohibit intelligence community elements from acquiring or using foreign commercial spyware or entering into contracts with a company that has acquired foreign commercial spyware; requires the Central Intelligence Agency (CIA) to establish an office to support the physical health, mental health, and well-being of current and former CIA employees and certain CIA-affiliated individuals; statutorily establishes that the Space Force is an element of the intelligence community; requires the ODNI to establish an intelligence community working group on China's economic and technological capabilities; requires the ODNI to designate a senior official to serve as the intelligence coordinator for Russian atrocities accountability; requires the ODNI to designate an official to serve as intelligence coordinator for countering and neutralizing Iranian unmanned aircraft systems proliferation; requires the ODNI to establish and periodically review policies and procedures related to using artificial intelligence (AI) to increase the adoption of AI capabilities within the intelligence community; requires the ODNI and DOD to jointly establish a training curriculum focused on improving the understanding of authorities and procedures for acquiring emerging technologies; and modifies requirements relating to the All-domain Anomaly Resolution Office and requires the GAO to audit the office's historical records report processes (the office is tasked with synchronizing and standardizing the collection, reporting, and analysis of incidents involving unidentified anomalous phenomena, including unidentified aerial phenomena). DIVISION G--HOMELAND SECURITY This division modifies programs and activities related to the Department of Homeland Security (DHS) and addresses other issues. For example, this division reauthorizes through FY2028 the Nonprofit Security Grant Program and modifies the program, including by expanding the program to include grants to address threats other than terrorist attacks; requires DHS, with the concurrence of the State Department, to operate transnational criminal investigative units within homeland security investigations and statutorily authorizes DHS to provide stipends for vetted members of such units; authorizes the Cybersecurity and Infrastructure Security Agency (CISA) to award grants or cooperative agreements to nonfederal entities, such as states and nonprofit organizations, to support a program to help K-12 students better understand cybersecurity; requires DHS to designate the Chemical Security Analysis Center as a DHS laboratory, which shall develop approaches to address domestic chemical threats and provide chemical threat and hazard analysis capability; extends through FY2024 the authority of DHS to organize joint task forces, using leading practices in performance management and outcome-based performance metrics; requires DHS to, when feasible, procure a certain percentage of clothing and protective gear from manufacturers and suppliers in the United States that qualify as small business concerns; establishes a mentor-protege program in which a mentor firm helps a protege firm compete for DHS contracts; establishes within DHS a standing council to provide advice and recommendations on matters relating to economic security; establishes an initiative within CISA to develop and strengthen the skills of the cybersecurity workforce relating to securing industrial control systems; reauthorizes through FY2028 the National Computer Forensics Institute and modifies the institute's duties and responsibilities; authorizes the Transportation Security Administration to implement a pilot program to allow passengers flying from a foreign airport to the United States to continue on U.S. connecting flights without additional security screening; requires U.S. Customs and Border Protection to develop and implement a plan to identify and remediate illicit cross-border tunnels; requires DHS to research additional technological solutions to target and detect illicit fentanyl and related substances at U.S. ports of entry; and requires the President to appoint an individual to be a single point of contact to the legislative branch on matters related to cybersecurity threats and vulnerabilities. This division also requires actions related to AI technologies. DHS must issue policies and procedures related to acquiring and using AI technologies. The Office of the Inspector General of DHS must identify training and investments needed to enable the office to continually advance its understanding of AI systems and develop best practices related to AI. The division also requires the Office of Management and Budget to (1) develop initial means to address privacy protection issues related to AI systems, (2) require agencies to maintain information about AI used by the agency, and (3) initiate pilot programs for four new use cases for AI-enabled systems. The Government Publishing Office must establish a website that allows the public to obtain electronic copies of congressionally mandated reports. The Federal Emergency Management Agency must maintain the capability to help states, local governments, and Indian tribal governments build community resilience to technological hazards and related emerging threats. DIVISION H--WATER RESOURCES Water Resources Development Act of 2022 This division reauthorizes, deauthorizes, and modifies various water resources projects, provides for specified studies related to such projects, and addresses other issues. For example, this division requires the U.S. Army Corps of Engineers (USACE) to assess opportunities to carry out managed aquifer recharge projects to address drought, water resiliency, and aquifer depletion; extends authorization for the USACE Tribal Partnership Program through 2033 and makes various modifications to the program; establishes the Tribal and Economically Disadvantaged Communities Advisory Committee to develop recommendations on making USACE activities more effective at assisting Indian tribes and economically disadvantaged communities; authorizes USACE to waive certain fees typically charged to economically disadvantaged communities when providing technical assistance on water-related issues to such communities; requires USACE to periodically assess federally authorized levees for possible modifications to reduce flood risk, improve flood resiliency, or restore hydrological and ecological connections with adjacent floodplains; requires USACE to develop an inventory of low-head dams in the United States and make the inventory available on a public website; authorizes units or members of a reserve component of the Armed Forces, in carrying out military training activities, to perform services or furnish supplies to support USACE water resources development projects without reimbursement; authorizes a pilot program to award contracts of up to five years for dredging projects for certain inland waterways of the United States; authorizes a program to monitor and assess the hydrology of saline lake ecosystems, including the Great Salt Lake, to support management and conservation activities; authorizes feasibility studies for specified water resources development and conversation projects; modifies procedures for deauthorizing water resources development projects; and extends through FY2028 a program to manage and eradicate noxious aquatic plant growths and aquatic invasive species. DIVISION I--DEPARTMENT OF STATE AUTHORIZATIONS Department of State Authorization Act of 2022 This division addresses issues related to the State Department and foreign affairs. This division addresses the U.S. nationals who are detained abroad. Specifically, the division (1) requires the State Department to notify Congress of credible cases of such incidents, (2) establishes the position of Family Engagement Coordinator to coordinate communication with the family members of a detained individual, and (3) authorizes the State Department to pay rewards for information that prevents or resolves such cases. The division also addresses issues relating to State Department personnel issues. For example, the division requires the State Department to convert unpaid internships to paid internships, with certain exceptions; requires the State Department to ensure that the Victims' Resource Advocacy Program meets certain staffing and resource requirements; requires the Foreign Service to expand and establish new fellowship programs, including opportunities at think tanks, relevant federal agencies, and industry entities; requires the State Department to submit plans to Congress for reducing the amount of time it takes for new employees to receive a security clearance; and imposes restrictions on senior State Department officials who represent or advise foreign governments after leaving the State Department. This division also addresses cybersecurity and internet issues. For example, the division establishes that it is U.S. policy to work internationally to promote an open, interoperable, and secure internet governed by the multistakeholder model which promotes democracy, the rule of law, and human rights; establishes within the State Department a Bureau of Cyberspace and Digital Policy, which must help implement this policy; requires the GAO to report to Congress an assessment of U.S. diplomatic efforts to advance U.S. interests regarding cyberspace; establishes a program to promote U.S. leadership in technology abroad and to increase the deployment of technology in support of democratic values; and requires the State Department to establish a public policy on disclosing and addressing cybersecurity vulnerabilities. The division also authorizes establishing U.S. embassies in Kiribati, Tonga, and the Solomon Islands; authorizes establishing a physical U.S. government presence in Vanuatu; modifies State Department procedures for investigating serious security incidents and security breaches involving a U.S. diplomatic mission abroad; authorizes activities to promote internet freedom globally; and establishes the Commission on Reform and Modernization of the Department of State. DIVISION J--OCEANS AND ATMOSPHERE This division addresses issues related to the oceans and the atmosphere. The division reauthorizes the Coral Reef Conservation Act of 2000 through FY2027 and modifies the act. For example, the division provides statutory authority for coral reef stewardship partnerships (generally partnerships involving state or local governments and nongovernmental entities that take stewardship of specific coral reefs); requires the National Oceanic and Atmospheric Administration (NOAA) to provide block grants for coral reef management and restoration activities to Florida, Hawaii, Puerto Rico, Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin Islands; requires NOAA to establish a program to provide grants for conserving and restoring coral reef ecosystems, subject to the availability of appropriations; and requires NOAA to designate two reef research coordination institutes to advance and sustain essential capabilities in coral reef research. The division also addresses other issues relating to coral reefs. For example, the division establishes a task force to lead and strengthen federal government actions to preserve, conserve, and restore coral reef ecosystems; authorizes the Department of the Interior to provide, subject to the availability of appropriations, financial assistance for conserving and restoring coral reefs in federal, state, and tribal waters; and establishes a National Coral Reef Management Fellowship Program. The division also addresses other related issues. For example, the division requires NOAA to establish a program to improve the collection and analysis of data to measure the economic impact of industries related to the Great Lakes, oceans, bays, estuaries, and coasts; authorizes coastal states and Indian tribes to form partnerships with another state or tribe to coordinate the management of ocean, costal, and Great Lakes resources among the partnership members; requires the President to establish a council to facilitate and coordinate activities to advance national priorities for ocean mapping, exploration, and characterization (i.e., gathering and interpreting comprehensive data on a specific area of interest in the ocean); requires the President to establish the Interagency Working Group on Ocean Exploration and Characterization; requires NOAA to establish, within one year of enactment, a publicly accessible marine mammal health monitoring and analysis platform; and requires NOAA to develop and implement a plan to make freely and publicly available certain data and models developed by NOAA. DIVISION K--DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022 Don Young Coast Guard Authorization Act of 2022 This division establishes end-of-year strengths for the Coast Guard for FY2022 and FY2023, authorizes various Coast Guard activities, and addresses other issues. For example, this division authorizes the Coast Guard to acquire certain vessels, including a National Security Cutter, six Fast Response Cutters, one Polar Security Cutter, and additional icebreakers; authorizes various improvements for the Coast Guard Yard, Maryland; authorizes the Coast Guard to enter into transactions other than contracts and grants to operate, test, and acquire cost-effective technology to meet mission needs; requires the GAO to report to Congress on Coast Guard icebreaking activities in the Great Lakes, including the economic impact of vessel delays caused by ice coverage on the Great Lakes; requires the Coast Guard to establish and maintain a publicly available database on icebreaking operations in the Great lakes; requires the Coast Guard to establish a program office to determine whether Arctic Security Cutters or Polar Security Cutters are more cost-effective to construct; requires the Coast Guard to identify and make publicly available a list of tools and resources designed to help maritime operators protect against and respond to cybersecurity incidents; requires the Coast Guard to establish an unmanned system program, which must include unmanned aircraft, unmanned marine surface vehicles, and unmanned marine subsurface vehicles (the Coast Guard currently has an unmanned aircraft system program); requires the Coast Guard and the Cybersecurity and Infrastructure Security Agency to develop processes and policies to govern the handling of data and information relevant to the Coast Guard's cyber mission; authorizes certain Coast Guard officers to remain on active duty beyond their compulsory retirement dates if the officer has a critical skill or specialty; establishes a program to increase the number of underrepresented minorities and individuals from rural areas in the enlisted ranks of the Coast Guard; requires Coast Guard vessels to have a written procedure that meets certain minimum standards for handling sexual assault forensic examinations; requires the Coast Guard to establish programs to respond to and mitigate oil spills in western Alaska; requires NOAA to develop and carry out projects with partner foreign governments and civil society to address illegal or unregulated fishing, forced labor, and other conservation measures; authorizes Coast Guard child care centers to charge discounted fees for active-duty members who have more than one child at such a center; requires the Coast Guard to implement certain GAO recommendations on improving Coast Guard-provided health care; requires the Coast Guard to develop and implement a plan to establish an electronic system for merchant mariner licensing and documentation; requires GAO to report to Congress an evaluation of the National Maritime Center's processes for approving merchant mariner credentials; bars commercial aquaculture workers from using a federal law to sue their employers for injuries sustained on the job, if state workers' compensation is available to the injured aquaculture worker (generally, the federal law in question authorizes seamen to sue their employer for injuries sustained on the job); prohibits vessels owned or operated by a Russian national or operated by Russia's government from operating in the navigable waters of the United States while certain sanctions blocking Russian property are in effect; establishes that an individual convicted of certain crimes related to sexual abuse must be denied a merchant seaman license, certificate, or document; modifies a requirement for owners of commercial ships to report complaints or incidents of harassment, sexual harassment, or sexual assault to the Coast Guard, including by increasing the maximum civil fine for a failure to report from $5,000 to $50,000; and requires NOAA to acquire adequate aircraft platforms to meet certain air reconnaissance and research mission requirements.