1959 
‘‘(A) IN GENERAL.—The number of des-
ignated entities shall not exceed 200 in total. 
‘‘(B) SUNSET.—Beginning on the date 
that is four years after the date of the enact-
ment of this section, the Secretary, after con-
sultation with the Director, may increase the 
number of designated entities provided— 
‘‘(i) such number does not exceed 150 
percent of the prior maximum; 
‘‘(ii) the Secretary publishes such new 
maximum number in the Federal Register; 
and 
‘‘(iii) such new maximum number has 
not been changed in the immediately pre-
ceding four years. 
‘‘(c) REDRESS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary shall develop a mechanism, consistent 
with subchapter II of chapter 5 of title 5, United 
States Code, for an entity notified under subsection 
(b)(2) to present evidence that the Secretary should 
reverse— 
‘‘(A) the designation of a facility, system, 
or asset as systemically important critical infra-
structure;
1960 
‘‘(B) the determination that a facility, sys-
tem, or asset no longer constitutes systemically 
important critical infrastructure; or 
‘‘(C) a final judgment entered in a civil ac-
tion seeking judicial review brought in accord-
ance with paragraph (2). 
‘‘(2) APPEAL TO FEDERAL COURT.—A civil ac-
tion seeking judicial review of a final agency action 
taken under the mechanism developed under para-
graph (1) shall be filed in the United States District 
Court for the District of Columbia. 
‘‘(d) REPORTING
FOR SYSTEMICALLY IMPORTANT 
ENTITIES.— 
‘‘(1) IN GENERAL.—Not later than two years 
after the date of the enactment of this section, the 
Secretary, acting through the Director, in consulta-
tion with the National Cyber Director, Sector Risk 
Management Agencies, the CISA Cybersecurity Ad-
visory Committee, and relevant government and non-
government entities, shall establish reporting re-
quirements for systemically important entities. 
‘‘(2) REQUIREMENTS.—The requirements es-
tablished under subsection (a) shall directly support 
the 
Department’s 
ability 
to 
understand 
and 
prioritize mitigation of risks to national critical func-
1961 
tions and ensure that any information obtained by 
a systemically important entity pursuant to this sec-
tion is properly secured. 
‘‘(3) REPORTED
INFORMATION.—The require-
ments under paragraph (2) may include obligations 
for systemically important entities to— 
‘‘(A) identify critical assets, systems, sup-
pliers, technologies, software, services, proc-
esses, or other dependencies that would inform 
the Federal Government’s understanding of the 
risks to national critical functions present in 
the entity’s supply chain; 
‘‘(B) associate specific third-party entities 
with the supply chain dependencies identified 
under subparagraph (A); 
‘‘(C) detail the supply chain risk manage-
ment practices put in place by the systemically 
important entity, including, where applicable, 
any known security and assurance requirements 
for third-party entities under subparagraph 
(B); and 
‘‘(D) identify any documented security con-
trols or risk management practices that third- 
party entities have enacted to ensure the con-
1962 
tinued delivery of critical services to the system-
ically important entity. 
‘‘(4) DUPLICATIVE REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
coordinate with the head of any Federal agency 
with responsibility for regulating the security of 
a systemically important entity to determine 
whether the reporting requirements under this 
subsection may be fulfilled by any reporting re-
quirement in effect on the date of the enact-
ment of this section or subsequently enacted 
after such date. 
‘‘(B) EXISTING
REQUIRED
REPORTS.—If 
the Secretary determines that an existing re-
porting requirement for a systemically impor-
tant entity substantially satisfies the reporting 
requirements under this subsection, the Sec-
retary shall accept such report and may not re-
quire a such entity to submit an alternate or 
modified report. 
‘‘(C) COORDINATION.—The Secretary shall 
coordinate with the head any Federal agency 
with responsibilities for regulating the security 
of a systemically important entity to eliminate 
any duplicate reporting or compliance require-
1963 
ments relating to the security or resiliency of 
such entities. 
‘‘(e) INTELLIGENCE SUPPORT TO SYSTEMICALLY IM-
PORTANT ENTITIES.— 
‘‘(1) 
IDENTIFICATION
OF
INFORMATION 
NEEDS.—Not later than one year after the date of 
the enactment of this section, the Secretary, acting 
through the Director, shall establish a process to so-
licit and compile relevant information from Sector 
Risk Management Agencies and any other relevant 
Federal agency to inform and identify common in-
formation needs and interdependencies across sys-
temically important entities. 
‘‘(2) INTERDEPENDENCIES AND RISK IDENTI-
FICATION.—In establishing the process under para-
graph (1), the Secretary, acting through the Direc-
tor, shall incorporate methods and procedures— 
‘‘(A) to identify the types of information 
needed to understand interdependence of sys-
temically important entities and areas where a 
nation-state adversary may target to cause 
widespread compromise or disruption, includ-
ing—
1964 
‘‘(i) common technologies, including 
hardware, software, and services, used 
within systemically important entities; 
‘‘(ii) critical lines of businesses, serv-
ices, processes, and functions on which 
multiple systemically important entities are 
dependent; 
‘‘(iii) specific technologies, compo-
nents, materials, or resources on which 
multiple systemically important entities are 
dependent; and 
‘‘(iv) Federal, State, local, Tribal, or 
territorial government services, functions, 
and processes on which multiple system-
ically important entities are dependent; 
and 
‘‘(B) to associate specific systemically im-
portant entities with the information identified 
under subparagraph (A), 
‘‘(3) INFORMATION
NEEDS
AND
INDICATIONS 
AND WARNING.—In establishing the process under 
paragraph (1), the Secretary, acting through the Di-
rector, in consultation with the Director of National 
Intelligence, shall incorporate methods and proce-
dures to—
1965 
‘‘(A) provide indications and warning to 
systemically important entities regarding na-
tion-state adversary cyber operations relevant to 
information identified under paragraph (2)(A); 
and 
‘‘(B) to identify information needs for the 
cyber defense efforts of such entities. 
‘‘(4) RECURRENT INPUT.—Not later than 30 
days after the establishment of the process under 
paragraph (1) and no less often than biennially 
thereafter, the Secretary, acting through the Direc-
tor, shall solicit information from systemically im-
portant entities utilizing such process. 
‘‘(5) INTELLIGENCE SHARING.— 
‘‘(A) IN
GENERAL.—Not later than five 
days after discovery of information that indi-
cates a credible threat to an identifiable system-
ically important entity, the Director of National 
Intelligence, in coordination with the Secretary, 
shall share the appropriate intelligence informa-
tion with such entity. 
‘‘(B) 
EMERGENCY
NOTIFICATION.—The 
Director of National Intelligence, in coordina-
tion with the Secretary, shall share any intel-
ligence information related to a systemically im-
1966 
portant entity with such entity not later than 
24 hours after the Director of National Intel-
ligence determines that such information indi-
cates an imminent threat— 
‘‘(i) to such entity, or to a system, 
asset, or facility such entity owns or oper-
ates; or 
‘‘(ii) to national security, economic se-
curity, or public health and safety relevant 
to such entity. 
‘‘(C) NATIONAL SECURITY EXEMPTIONS.— 
Notwithstanding subparagraphs (A) or (B), the 
Director of National Intelligence may withhold 
intelligence information pertaining to a system-
ically important entity if the Director of Na-
tional Intelligence, with the concurrence of the 
Secretary and the Director, determines that 
withholding such information is in the national 
security interest of the United States. 
‘‘(D) REPORT
TO
CONGRESS.—Not later 
than three years after the date of the enact-
ment of this section and annually thereafter, 
the Secretary, in coordination with the National 
Cyber Director and the Director of National In-
telligence, shall submit to the Committee on
1967 
Homeland Security of the House of Representa-
tives, the Committee on Homeland Security and 
Government Affairs of the Senate, the Perma-
nent Select Committee on Intelligence of the 
House of Representatives, and the Select Com-
mittee on Intelligence of the Senate, a report 
that— 
‘‘(i) provides an overview of the intel-
ligence information shared with system-
ically important entities; and 
‘‘(ii) evaluates the relevance and suc-
cess of the classified, actionable informa-
tion the intelligence community (as such 
term is defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 
3003(4)) provided to systemically impor-
tant entities. 
‘‘(E) INTELLIGENCE
SHARING.—Notwith-
standing any other provision of law, information 
or intelligence shared with systemically impor-
tant entities under the processes established 
under this subsection shall not constitute favor-
ing one private entity over another. 
‘‘(f) PRIORITIZATION.—In allocating Department re-
sources, the Secretary shall prioritize systemically impor-
1968 
tant entities in the provision of voluntary services, and en-
courage participation in programs to provide technical as-
sistance in the form of continuous monitoring and detec-
tion of cybersecurity risks. 
‘‘(g) INCIDENT RESPONSE.—In the event that a sys-
temically important entity experiences a serious cyber inci-
dent, the Secretary shall— 
‘‘(1) promptly establish contact with such entity 
to acknowledge receipt of notification, obtain addi-
tional information regarding such incident, and as-
certain the need for incident response or technical 
assistance; 
‘‘(2) maintain routine or continuous contact 
with such entity to monitor developments related to 
such incident; 
‘‘(3) assist in incident response, mitigation, and 
recovery efforts; 
‘‘(4) ascertain evolving needs of such entity; 
and 
‘‘(5) prioritize voluntary incident response and 
technical assistance for such covered entity. 
‘‘(h) OPERATIONAL COLLABORATION WITH SYSTEM-
ICALLY IMPORTANT ENTITIES.—The head of the office for 
joint cyber planning established pursuant to section 2216, 
in carrying out the responsibilities of such office with re-
1969 
spect to relevant cyber defense planning, joint cyber oper-
ations, cybersecurity exercises, and information-sharing 
practices, shall, to the extent practicable, prioritize the in-
volvement of systemically important entities. 
‘‘(i) EMERGENCY PLANNING.—In partnership with 
systemically important entities, the Secretary, in coordina-
tion with the Director, the heads of Sector Risk Manage-
ment Agencies, and the heads of other Federal agencies 
with responsibilities for regulating critical infrastructure, 
shall regularly exercise response, recovery, and restoration 
plans to— 
‘‘(1) assess performance and improve the capa-
bilities and procedures of government and system-
ically important entities to respond to a major cyber 
incident; and 
‘‘(2) clarify specific roles, responsibilities, and 
authorities of government and systemically impor-
tant entities when responding to such an incident. 
‘‘(j) INTERAGENCY COUNCIL FOR CRITICAL INFRA-
STRUCTURE CYBERSECURITY COORDINATION.— 
‘‘(1) INTERAGENCY COUNCIL FOR CRITICAL IN-
FRASTRUCTURE
CYBERSECURITY
COORDINATION.— 
There is established an Interagency Council for Crit-
ical Infrastructure Cybersecurity Coordination (in 
this section referred to as the ‘Council’).
1970 
‘‘(2) CHAIRS.—The Council shall be co-chaired 
by— 
‘‘(A) the Secretary, acting through the Di-
rector; and 
‘‘(B) the National Cyber Director. 
‘‘(3) MEMBERSHIP.—The Council shall be com-
prised of representatives from the following: 
‘‘(A) Appropriate Federal departments and 
agencies, 
including 
independent 
regulatory 
agencies responsible for regulating the security 
of critical infrastructure, as determined by the 
Secretary and National Cyber Director. 
‘‘(B) Sector Risk Management Agencies. 
‘‘(C) The National Institute of Standards 
and Technology. 
‘‘(4) FUNCTIONS.—The Council shall be respon-
sible for the following: 
‘‘(A) Reviewing existing regulatory authori-
ties that could be utilized to strengthen cyberse-
curity for critical infrastructure, as well as po-
tential forthcoming regulatory requirements 
under consideration, and coordinating to ensure 
that any new or existing regulations are stream-
lined and harmonized to the extent practicable,
1971 
consistent with the principles described in para-
graph (5). 
‘‘(B) Developing cross-sector and sector- 
specific cybersecurity performance goals that 
serve as clear guidance for critical infrastruc-
ture owners and operators about the cybersecu-
rity practices and postures that the American 
people can trust and should expect for essential 
services. 
‘‘(C) Facilitating information sharing and, 
where applicable, coordination on the develop-
ment of cybersecurity policy, rulemaking, ex-
aminations, reporting requirements, enforce-
ment actions, and information sharing prac-
tices. 
‘‘(D) Recommending to members of the 
council general supervisory priorities and prin-
ciples reflecting the outcome of discussions 
among such members. 
‘‘(E) Identifying gaps in regulation that 
could invite cybersecurity risks to critical infra-
structure, and as appropriate, developing legis-
lative proposals to resolve such regulatory gaps.
1972 
‘‘(F) Providing a forum for discussion and 
analysis of emerging cybersecurity developments 
and cybersecurity regulatory issues. 
‘‘(5) PRINCIPLES.—In carrying out the activi-
ties under paragraph (4), the Council shall seek to 
harmonize regulations in a way that— 
‘‘(A) avoids duplicative, overlapping, overly 
burdensome, or conflicting regulatory require-
ments that do not effectively or efficiently serve 
the interests of national security, economic se-
curity, or public health and safety; 
‘‘(B) is consistent with national cyber pol-
icy and strategy, including the National Cyber 
Strategy; 
‘‘(C) recognizes and prioritizes the need for 
the Cybersecurity and Infrastructure Security 
Agency, as the lead coordinator for the security 
and resilience of critical infrastructure across 
all sectors, to have visibility regarding cyberse-
curity threats and security vulnerabilities across 
sectors, and leverages regulatory authorities in 
a manner that supports such cross-sector visi-
bility and coordination, to the extent prac-
ticable; and
1973 
‘‘(D) recognizes and accounts for the vari-
ation within and among critical infrastructure 
sectors with respect to the level of cybersecurity 
maturity, the nature of the infrastructure and 
assets, resources available to deploy security 
measures, and other factors. 
‘‘(6) LEVERAGING
EXISTING
COORDINATING 
BODIES.—The Council shall, as appropriate in the 
determination of the Co-Chairs, carry out its work 
in coordination with critical infrastructure stake-
holders, including sector coordinating councils and 
information sharing and analysis organizations, and 
the Cyber Incident Reporting Council established 
pursuant to section 2246. 
‘‘(7) CONGRESSIONAL
OVERSIGHT.—Not later 
than one year after the date of the enactment of this 
section and annually thereafter, the Council shall re-
port to the Committee on Homeland Security of the 
House of Representatives, the Committee on Home-
land Security and Government Affairs of the Senate, 
and other relevant congressional committees, on the 
activities of the Council, including efforts to har-
monize regulatory requirements, and close regulatory 
gaps, together with legislative proposals, as appro-
priate.
1974 
‘‘(k) STUDY ON PERFORMANCE GOALS FOR SYSTEM-
ICALLY IMPORTANT ENTITIES.— 
‘‘(1) IN GENERAL.—The Council shall conduct 
a study to develop policy options and recommenda-
tions regarding the development of risk-based cyber-
security performance benchmarks that, if met, would 
establish a common minimum level of cybersecurity 
for systemically important entities. 
‘‘(2) AREAS OF INTEREST.—The study required 
under paragraph (1) shall evaluate how the perform-
ance benchmarks referred to in such paragraph can 
be— 
‘‘(A) flexible, nonprescriptive, risk-based, 
and outcome-focused; 
‘‘(B) designed to improve resilience and 
address cybersecurity threats and security 
vulnerabilities while also providing an appro-
priate amount of discretion to operators in de-
ciding which specific technologies or solutions to 
deploy; 
‘‘(C) applicable and appropriate across 
critical infrastructure sectors, but also adapt-
able and augmentable to develop tailored, sec-
tor-specific cybersecurity performance goals; 
and
1975 
‘‘(D) reflective of existing industry best 
practices, standards, and guidelines to the 
greatest extent possible. 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) SYSTEMICALLY IMPORTANT ENTITY.—The 
term ‘systemically important entity’ means a critical 
infrastructure entity the Secretary has designated as 
a systemically important entity pursuant to sub-
section (b). 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the Cybersecurity and Infrastructure 
Security Agency. 
‘‘(3) SECTOR
RISK
MANAGEMENT
AGENCY.— 
The term ‘Sector Risk Management Agency’ has the 
meaning given such term is section 2201. 
‘‘(4) NATIONAL
CRITICAL
FUNCTIONS.—The 
term ‘national critical functions’ means functions of 
government or private sector so vital to the United 
States that the disruption, corruption, or dysfunc-
tion of such functions would have a debilitating ef-
fect on security, national economic security, national 
public health or safety, or any combination there-
of.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act is amended
1976 
by inserting after the item relating to section 2220C the 
following new item: 
‘‘Sec. 2220D. Procedure for designation of covered systemically important enti-
ties.’’. 
SEC. 5208. GAO REVIEW OF DEPARTMENT OF HOMELAND 
SECURITY EFFORTS RELATED TO ESTAB-
LISHING SPACE AS A CRITICAL INFRASTRUC-
TURE SECTOR. 
Not later than one year after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall conduct a review, and not later than 18 
months after such date of enactment, submit to the Com-
mittee on Homeland Security, the Committee on Trans-
portation and Infrastructure, and the Committee on 
Science, Space, and Technology of the House of Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the following: 
(1) The actions taken by the Department of 
Homeland Security to evaluate the establishment of 
space as a critical infrastructure sector, based on the 
decision-support framework published in reports re-
quired pursuant to section 9002(b) of the William 
M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (6 U.S.C. 652a(b)).
1977 
(2) The status of efforts by the Department of 
Homeland Security, if any, to establish space as a 
critical infrastructure sector. 
(3) The extent to which the current 16 critical 
infrastructure sectors, as set forth in PPD21, cover 
space systems, services, and technology, and the ex-
tent to which such sectors leave coverage gaps relat-
ing to such space systems, services, and technology. 
SEC. 5209. REPORT ON COMMERCIAL SATELLITE CYBERSE-
CURITY; CISA COMMERCIAL SATELLITE SYS-
TEM CYBERSECURITY CLEARINGHOUSE. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study on the ac-
tions the Federal Government has taken to support 
the cybersecurity of commercial satellite systems, in-
cluding as part of any action to address the cyberse-
curity of critical infrastructure sectors. 
(2) REPORT.—Not later than two years after 
the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to 
the appropriate congressional committees a report 
on the study conducted under paragraph (1), which 
shall include information on—
1978 
(A) efforts of the Federal Government to 
address or improve the cybersecurity of com-
mercial satellite systems and support related ef-
forts with international entities or the private 
sector; 
(B) the resources made available to the 
public by Federal agencies to address cyberse-
curity risks and cybersecurity threats to com-
mercial satellite systems; 
(C) the extent to which commercial sat-
ellite systems and the cybersecurity threats to 
such systems are integrated into critical infra-
structure risk analyses and protection plans of 
the Department of Homeland Security; and 
(D) the extent to which Federal agencies 
coordinate or duplicate authorities and take 
other actions focused on the cybersecurity of 
commercial satellite systems. 
(3) CONSULTATION.—In carrying out para-
graphs (1) and (2), the Comptroller General of the 
United States shall coordinate with appropriate Fed-
eral agencies and organizations, including— 
(A) the Department of Homeland Security; 
(B) the Department of Commerce; 
(C) the Department of Defense;
1979 
(D) the Department of Transportation; 
(E) the Department of State; 
(F) the Federal Communications Commis-
sion; 
(G) the National Aeronautics and Space 
Administration; 
(H) the National Executive Committee for 
Space-Based Positioning, Navigation, and Tim-
ing; and 
(I) the National Space Council. 
(4) BRIEFING.—Not later than two years after 
the date of the enactment of this Act, the Comp-
troller General of the United States shall provide to 
the appropriate congressional committees a briefing 
relating to carrying out paragraphs (1) and (2). 
(5) CLASSIFICATION.—The report under para-
graph (2) shall be submitted in unclassified form, 
but may include a classified annex. 
(b) CISA COMMERCIAL SATELLITE SYSTEM CYBER-
SECURITY CLEARINGHOUSE.— 
(1) ESTABLISHMENT.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Director shall establish a commercial 
satellite system cybersecurity clearinghouse.
1980 
(B) REQUIREMENTS.—The clearinghouse 
shall— 
(i) be publicly available online; 
(ii) contain current, relevant, and 
publicly available commercial satellite sys-
tem cybersecurity resources, including the 
recommendations consolidated under para-
graph (2), and any other appropriate ma-
terials for reference by entities that de-
velop commercial satellite systems; and 
(iii) 
include 
materials 
specifically 
aimed at assisting small business concerns 
with the secure development, operation, 
and maintenance of commercial satellite 
systems. 
(C) EXISTING PLATFORM OR WEBSITE.— 
The Director may establish the clearinghouse 
on an online platform or a website that is in ex-
istence as of the date of the enactment of this 
Act. 
(2) CONSOLIDATION
OF
COMMERCIAL
SAT-
ELLITE
SYSTEM
CYBERSECURITY
RECOMMENDA-
TIONS.— 
(A) IN GENERAL.—The Director shall con-
solidate voluntary cybersecurity recommenda-
1981 
tions designed to assist in the development, 
maintenance, and operation of commercial sat-
ellite systems. 
(B) REQUIREMENTS.—The recommenda-
tions consolidated under subparagraph (A) shall 
include, to the greatest extent practicable, ma-
terials addressing the following: 
(i) Risk-based, cybersecurity-informed 
engineering, including continuous moni-
toring and resiliency. 
(ii) Planning for retention or recovery 
of positive control of commercial satellite 
systems in the event of a cybersecurity in-
cident. 
(iii) Protection against unauthorized 
access to vital commercial satellite system 
functions. 
(iv) Physical protection measures de-
signed to reduce the vulnerabilities of a 
commercial satellite system’s command, 
control, or telemetry receiver systems. 
(v) Protection against jamming or 
spoofing.
1982 
(vi) Security against threats through-
out a commercial satellite system’s mission 
lifetime. 
(vii) Management of supply chain 
risks that affect the cybersecurity of com-
mercial satellite systems. 
(viii) As appropriate, and as applica-
ble pursuant to the requirement under 
paragraph (1)(b)(ii) (relating to the clear-
inghouse containing current, relevant, and 
publicly available commercial satellite sys-
tem cybersecurity resources), the findings 
and recommendations from the study con-
ducted by the Comptroller General of the 
United States under subsection (a)(1). 
(ix) Risks of a strategic competitor 
becoming dominant in the commercial sat-
ellite sector. 
(x) Any other recommendations to en-
sure the confidentiality, availability, and 
integrity of data residing on or in transit 
through commercial satellite systems. 
(3) IMPLEMENTATION.—In implementing this 
subsection, the Director shall—
1983 
(A) to the extent practicable, carry out 
such implementation as a public-private part-
nership; 
(B) coordinate with the heads of appro-
priate Federal agencies with expertise and expe-
rience in satellite operations, including the enti-
ties described in subsection (a)(3); 
(C) consult with non-Federal entities devel-
oping commercial satellite systems or otherwise 
supporting the cybersecurity of commercial sat-
ellite systems, including private, consensus or-
ganizations that develop relevant standards; 
and 
(D) consider entering into an agreement 
with a non-Federal organization to manage and 
operate the clearinghouse. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security, 
the Committee on Space, Science, and Tech-
nology, the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Com-
mittee on Energy and Commerce of the House 
of Representatives; and
1984 
(B) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Armed Services, the Committee on Foreign Re-
lations, and the Committee on Commerce, 
Science, and Transportation of the Senate. 
(2) The term ‘‘clearinghouse’’ means the com-
mercial satellite system cybersecurity clearinghouse 
required to be developed and maintained under sub-
section (b)(1). 
(3) The term ‘‘commercial satellite system’’ 
means a system of one or more satellites and any 
ground support infrastructure, and all transmission 
links among and between them that is owned, or op-
erated by a non-Federal United States entity. 
(4) The term ‘‘critical infrastructure’’ has the 
meaning given such term in section 1016(e) of Pub-
lic Law 107–56 (42 U.S.C. 5195c(e)). 
(5) The term ‘‘cybersecurity risk’’ has the 
meaning given such term in section 2209 of the 
Homeland Security Act of 2002 (6 U.S.C. 659). 
(6) The term ‘‘cybersecurity threat’’ has the 
meaning given such term in section 102 of the Cy-
bersecurity Information Sharing Act of 2015 (6 
U.S.C. 1501).
1985 
(7) The term ‘‘Director’’ means the Director of 
the Cybersecurity and Infrastructure Security Agen-
cy. 
(8) The term ‘‘small business concern’’ has the 
meaning given the term in section 3 of the Small 
Business Act (15 U.S.C. 632). 
SEC. 5210. REPORTS, EVALUATIONS, AND RESEARCH RE-
GARDING DRUG INTERDICTION AT AND BE-
TWEEN PORTS OF ENTRY. 
(a) RESEARCH ON ADDITIONAL TECHNOLOGIES TO 
DETECT FENTANYL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Home-
land Security, in consultation with the Centers for Disease 
Control and Prevention, the Federal Drug Administration, 
and the Defense Advanced Research Projects Agency, 
shall research additional technological solutions to— 
(1) target and detect illicit fentanyl and its pre-
cursors, including low-purity fentanyl, especially in 
counterfeit pressed tablets, and illicit pill press 
molds; 
(2) enhance targeting of counterfeit pills 
through nonintrusive, noninvasive, and other visual 
screening technologies; and 
(3) enhance data-driven targeting to increase 
seizure rates of fentanyl and its precursors.
1986 
(b) EVALUATION OF CURRENT TECHNOLOGIES AND 
STRATEGIES IN ILLICIT DRUG INTERDICTION AND PRO-
CUREMENT DECISIONS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security, in consultation with the Administrator of 
the Drug Enforcement Administration, the Director 
of the Federal Bureau of Investigation, the Director 
of the Centers for Disease Control and Prevention, 
and the Commissioner of Food and Drugs, shall es-
tablish a program to collect available data and de-
velop metrics to measure how technologies and strat-
egies used by the Department, U.S. Customs and 
Border Protection, and other relevant Federal agen-
cies have helped detect, deter, or address illicit 
fentanyl and its precursors being trafficking into the 
United States at and between land, air, and sea 
ports of entry. Such data and metrics program may 
consider the rate of detection at random secondary 
inspections at such ports of entry, investigations and 
intelligence sharing into the origins of illicit fentanyl 
later detected within the United States, and other 
data or metrics considered appropriate by the Sec-
retary. The Secretary, as appropriate and in the co-
ordination with the officials specified in this para-
graph, may update such data and metrics program.
1987 
(2) REPORTS.— 
(A) SECRETARY
OF
HOMELAND
SECU-
RITY.—Not later than one year after the date 
of the enactment of this Act and biennially 
thereafter, the Secretary of Homeland Security, 
the Administrator of the Drug Enforcement 
Administration, the Director of the Federal Bu-
reau of Investigation, the Director of the Cen-
ters for Disease Control and Prevention, the 
Commissioner of Food and Drugs, and the 
Postmaster General shall, based on the data 
collected and metrics developed pursuant to the 
program established under paragraph (1), sub-
mit to the Committee on Homeland Security of 
the House of Representatives and the Com-
mittee on Homeland Security and Govern-
mental Affairs a report that— 
(i) examines and analyzes current 
technologies deployed at land, air, and sea 
ports of entry, including pilot technologies, 
to assess how well such technologies detect, 
deter, and address fentanyl and its precur-
sors; 
(ii) contains a cost-benefit analysis of 
technologies used in drug interdiction; and
1988 
(iii) describes how such analysis may 
be used when making procurement deci-
sions relating to such technologies. 
(B) GAO.—Not later than one year after 
each report submitted pursuant to subpara-
graph (A), the Comptroller General of the 
United States shall submit to the Committee on 
Homeland Security of the House of Representa-
tives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a re-
port that evaluates and, as appropriate, makes 
recommendations to improve, the data collected 
and metrics used in each such report. 
SEC. 5211. REPORT ON PUERTO RICO’S ELECTRIC GRID. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land Security and the Administrator of the Federal Emer-
gency Management Agency (FEMA), in consultation with 
the Secretary of the Department of Energy and the Sec-
retary of the Department of Housing and Urban Develop-
ment, shall submit to the appropriate congressional com-
mittees a report on Puerto Rico’s progress toward rebuild-
ing the electric grid and detailing the efforts the Federal 
Government is undertaking to expedite such rebuilding. 
The report shall contain the following:
1989 
(1) An analysis of the state of Puerto Rico’s 
electric grid, including the following: 
(A) A list of projects in order of priority, 
estimated cost, and estimated time necessary 
for completion. 
(B) An analysis of the measures taken by 
the Federal Government to expedite such re-
building and the effectiveness of such measures. 
(C) Information relating to the amount of 
funds that have been allocated and the amount 
of funds that have been disbursed. 
(D) An analysis of how the Federal Gov-
ernment can provide further assistance in expe-
diting such rebuilding. 
(2) An analysis of the state of Puerto Rico’s re-
newable energy generation and storage capacities, 
including the following: 
(A) A list of current and expected projects 
focused on renewable energy generation and 
storage. 
(B) A report on the development of renew-
able energy sources in Puerto Rico, including 
projections 
for 
meeting 
renewable 
energy 
metrics established in the Puerto Rico Energy 
Public Policy Act (Act 17).
1990 
(C) An analysis of challenges for improving 
Puerto Rico’s renewable energy capacity and 
recommendations for addressing such chal-
lenges. 
(D) An analysis of how the Federal Gov-
ernment can provide further assistance, includ-
ing funding and legislative actions, in facili-
tating renewable energy development and im-
proving Puerto Rico’s renewable energy genera-
tion and storage capacities. 
(E) An analysis of the extent to which the 
federally funded projects to rebuild the electric 
grid will support an efficient transition from 
fossil fueled generation sources to renewable 
sources, in a manner that sustains reliable 
power supply during such transition, preserves 
base and peak load capacity upon completion of 
such transition, and prevents creation of 
stranded assets. 
(3) Recommendations, as appropriate, for 
power companies and governments to reduce the 
number of outages and blackouts. 
(4) Proposals, as appropriate, for legislative ac-
tions and funding needed to improve the process of
1991 
fund disbursement for critical projects related to 
electric grids. 
(5) A plan for expediting such rebuilding by not 
later than three months after the report is so sub-
mitted. 
(b) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Committee on 
Homeland Security, the Committee on Natural Resources, 
the Committee on Energy and Commerce, and the Com-
mittee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs and the Committee on En-
ergy and Natural Resources of the Senate. 
SEC. 5212. ACCESS TO MILITARY INSTALLATIONS FOR 
HOMELAND SECURITY INVESTIGATIONS PER-
SONNEL IN GUAM. 
The commander of a military installation located in 
Guam shall grant to an officer or employee of Homeland 
Security Investigations the same access to such military 
installation (including the use of an APO or FPO box) 
such commander grants to an officer or employee of U.S. 
Customs and Border Protection or of the Federal Bureau 
of Investigation.
1992 
SEC. 
5213. 
BUILDING 
CYBER 
RESILIENCE 
AFTER 
SOLARWINDS. 
(a) DEFINITIONS.—In this section: 
(1) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given such 
term in section 1016(e) of Public Law 107–56 (42 
U.S.C. 5195c(e)). 
(2) DIRECTOR.—The term ‘‘Director’’ shall 
refer to the Director of the Cybersecurity and Infra-
structure Security Agency. 
(3) INFORMATION SYSTEM.—The term ‘‘infor-
mation system’’ has the meaning given such term in 
section 2240 of the Homeland Security Act of 2002 
(6 U.S.C. 681). 
(4) SIGNIFICANT CYBER INCIDENT.—The term 
‘‘significant cyber incident’’ has the meaning given 
such term in section 2240 of the Homeland Security 
Act of 2002. 
(5) 
SOLARWINDS
INCIDENT.—The 
term 
‘‘SolarWinds incident’’ refers to the significant cyber 
incident that prompted the establishment of a Uni-
fied Cyber Coordination Group, as provided by sec-
tion V(B)(2) of Presidential Policy Directive 41, in 
December 2020. 
(b) SOLARWINDS INVESTIGATION AND REPORT.—
1993 
(1) INVESTIGATION.—The Director, in con-
sultation with the National Cyber Director and the 
heads of other relevant Federal departments and 
agencies, shall carry out an investigation to evaluate 
the impact of the SolarWinds incident on informa-
tion systems owned and operated by Federal depart-
ments and agencies, and, to the extent practicable, 
other critical infrastructure. 
(2) ELEMENTS.—In carrying out subsection 
(b), the Director shall review the following: 
(A) The extent to which Federal informa-
tion systems were accessed, compromised, or 
otherwise impacted by the SolarWinds incident, 
and any potential ongoing security concerns or 
consequences arising from such incident. 
(B) The extent to which information sys-
tems that support other critical infrastructure 
were accessed, compromised, or otherwise im-
pacted by the SolarWinds incident, where such 
information is available to the Director. 
(C) Any ongoing security concerns or con-
sequences arising from the SolarWinds incident, 
including any sensitive information that may 
have been accessed or exploited in a manner 
that poses a threat to national security.
1994 
(D) Implementation of Executive Order 
14028 (Improving the Nation’s Cybersecurity 
(May 12, 2021)). 
(E) Efforts taken by the Director, the 
heads of Federal departments and agencies, 
and critical infrastructure owners and operators 
to address cybersecurity vulnerabilities and 
mitigate risks associated with the SolarWinds 
incident. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Director shall submit 
to the Committee on Homeland Security in the House of 
Representatives and Committee on Homeland Security 
and Government Affairs in the Senate a report that in-
cludes the following: 
(1) Findings for each of the elements specified 
in subsection (b). 
(2) Recommendations to address security gaps, 
improve incident response efforts, and prevent simi-
lar cyber incidents. 
(3) Any areas where the Director lacked the in-
formation necessary to fully review and assessment 
such elements, the reason the information necessary 
was unavailable, and recommendations to close such 
informational gaps.
1995 
(d) GAO REPORT
ON CYBER SAFETY REVIEW 
BOARD.—Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the 
United States shall evaluate the activities of the Cyber 
Safety Review Board established pursuant to Executive 
Order 14028 (Improving the Nation’s Cybersecurity (May 
12, 2021)), with a focus on the Board’s inaugural review 
announced in February 2022, and assess whether the 
Board has the authorities, resources, and expertise nec-
essary to carry out its mission of reviewing and assessing 
significant cyber incidents. 
SEC. 5214. CISA DIRECTOR APPOINTMENT AND TERM. 
Subsection (b) of section 2202 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 652) is amended— 
(1) in paragraph (1), by adding at the end the 
following new sentence: ‘‘The Director shall be ap-
pointed by the President, by and with the advice and 
consent of the Senate.’’; 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) TERM.—Effective with respect to an indi-
vidual appointed pursuant to paragraph (1) after the 
date of the enactment of this paragraph, the term
1996 
of office of such an individual so appointed shall be 
five years. The term of office of the individual serv-
ing as the Director on the day before such date of 
enactment shall be five years beginning from the 
date on which such Director began serving.’’. 
SEC. 5215. DEPARTMENT OF HOMELAND SECURITY REPORT 
RELATING 
TO 
ESTABLISHMENT 
OF 
PRECLEARANCE FACILITY IN TAIWAN. 
(a) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
the Secretary of Commerce, shall submit to the ap-
propriate congressional committees a report that in-
cludes an assessment of establishing a preclearance 
facility in Taiwan. 
(2) 
ELEMENTS.—The 
assessment 
required 
under paragraph (1) shall include the following: 
(A) An assessment with respect to the fea-
sibility and advisability of establishing a CBP 
Preclearance facility in Taiwan. 
(B) An assessment with respect to the na-
tional security, homeland security, and law en-
forcement benefits of establishing a CBP 
Preclearance facility in Taiwan.
1997 
(C) 
An 
assessment 
of 
the 
impacts 
preclearance operations in Taiwan will have 
with respect to— 
(i) trade and travel, including impacts 
on passengers traveling to the United 
States; and 
(ii) CBP staffing. 
(D) Country-specific information relating 
to— 
(i) anticipated benefits to the United 
States; and 
(ii) security vulnerabilities associated 
with such preclearance operations. 
(b) DEFINITIONS.—In this section— 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Homeland Security, 
the Committee on Financial Services, and the 
Committee on Ways and Means of the House of 
Representatives; and 
(B) the Committee on Commerce, Science, 
and Transportation, the Committee on Finance, 
and the Joint Committee on Taxation of the 
Senate.
1998 
(2) The term ‘‘CBP’’ means U.S. Customs and 
Border Protection. 
SEC. 5216. HUMAN TRAFFICKING TRAINING. 
(a) IN GENERAL.—Subtitle H of title VIII of the 
Homeland Security Act of 2002 is amended by inserting 
after section 884 (6 U.S.C. 464) the following new section: 
‘‘SEC. 884A. HUMAN TRAFFICKING TRAINING. 
‘‘(a) IN GENERAL.—The Director of the Federal Law 
Enforcement Training Centers (FLETC) is authorized, in 
accordance with this section, to establish a human traf-
ficking awareness training program within the Federal 
Law Enforcement Training Centers. 
‘‘(b) TRAINING PURPOSES.—The human trafficking 
awareness training program referred to in subsection (a), 
shall, if established, provide to State, local, Tribal, terri-
torial, and educational institution law enforcement per-
sonnel training courses relating to the following: 
‘‘(1) An in-depth understanding of the defini-
tion of human trafficking. 
‘‘(2) An ability to recognize indicators of 
human trafficking. 
‘‘(3) Information on industries and common lo-
cations known for human trafficking. 
‘‘(4) Human trafficking response measures, in-
cluding a victim-centered approach.
1999 
‘‘(5) Human trafficking reporting protocols. 
‘‘(6) An overview of Federal statutes and appli-
cable State law related to human trafficking. 
‘‘(7) Additional resources to assist with sus-
pected human trafficking cases, as necessary. 
‘‘(c) INTEGRATION WITH EXISTING PROGRAMS.—To 
the extent practicable, human trafficking awareness train-
ing, including principles and learning objectives, should be 
integrated into other training programs operated by the 
Federal Law Enforcement Training Centers. 
‘‘(d) COORDINATION.—The Director of FLETC, or 
the designee of such Director, shall coordinate with the 
Director of the Department’s Blue Campaign, or the des-
ignee of such Director, in the development and delivery 
of human trafficking awareness training programs. 
‘‘(e) HUMAN TRAFFICKING DEFINED.—In this sec-
tion, the term ‘human trafficking’ means an act or prac-
tice described in paragraph (11) or (12) of section 103 
of the Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102). 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated $2,300,000 for each of 
fiscal years 2023 through 2028.’’. 
(b) TECHNICAL AMENDMENT.—Subsection (a) of 
section 434 of the Homeland Security Act of 2002 (6
2000 
U.S.C. 242) is amended by striking ‘‘paragraph (9) or 
(10)’’ and inserting ‘‘paragraph (11) or (12)’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
884 the following new item: 
‘‘Sec. 884A. Human trafficking training.’’. 
TITLE 
LIII—TRANSPORTATION 
AND INFRASTRUCTURE MAT-
TERS 
SEC. 5301. CALCULATION OF ACTIVE SERVICE. 
(a) IN GENERAL.—Subchapter I of chapter 25 of title 
14, United States Code, is amended by adding at the end 
the following: 
‘‘§ 2515. Calculation of active service 
‘‘Any service described, including service described 
prior to the date of enactment of the Don Young Coast 
Guard Authorization Act of 2022, in writing, including by 
electronic communication, by a representative of the Coast 
Guard Personnel Service Center as service that counts to-
ward total active service for regular retirement under sec-
tion 2152 or section 2306 shall be considered by the Presi-
dent as active service for purposes of applying section 
2152 or section 2306 with respect to the determination 
of the retirement qualification for any officer or enlisted 
member to whom a description was provided.’’.
2001 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 25 of title 14, United States Code, is amended by in-
serting after the item relating to section 2515 the fol-
lowing: 
‘‘2515. Calculation of active service.’’. 
(c) RULE
OF
CONSTRUCTION.—The amendment 
made by subsection (a) shall apply to officers and enlisted 
members that— 
(1) have retired from the Coast Guard before 
the date of enactment of this Act; 
(2) voluntarily separated from service before 
the date of enactment of this Act; or 
(3) are serving in the Coast Guard on or after 
the date of enactment of this Act. 
SEC. 5302. ACQUISITION OF ICEBREAKER. 
(a) IN GENERAL.—The Commandant of the Coast 
Guard may acquire or procure an available icebreaker. 
(b) EXEMPTIONS FROM REQUIREMENTS.—Sections 
1131, 1132, 1133, and 1171 of title 14, United States 
Code, shall not apply to an acquisition or procurement 
under subsection (a). 
(c) AVAILABLE ICEBREAKER DEFINED.—In this sec-
tion, the term ‘‘available icebreaker’’ means a vessel 
that— 
(1) is capable of—
2002 
(A) supplementing United States Coast 
Guard polar icebreaking capabilities; 
(B) projecting United States sovereignty; 
(C) carrying out the primary duty of the 
Coast Guard described in section 103(7) of title 
14, United States Code; and 
(D) collecting hydrographic, environmental, 
and climate data; and 
(2) is documented with a coastwise endorsement 
under chapter 121 of title 46, United States Code. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized under section 4902 of title 14, United 
States Code, as amended by this Act, for fiscal year 2023 
up to $150,000,000 is authorized for the acquisition or 
procurement of an available icebreaker. 
SEC. 5303. DEPARTMENT OF DEFENSE CIVILIAN PILOTS. 
(a) ELIGIBILITY FOR CERTAIN RATINGS.—Not later 
than 18 months after the date of the enactment of this 
Act, the Administrator of the Federal Aviation Adminis-
tration shall revise section 61.73 of title 14, Code of Fed-
eral Regulations, to ensure that a Department of Defense 
civilian pilot is eligible for a rating based on qualifications 
earned as a Department of Defense pilot, pilot instructor, 
or pilot examiner in the same manner that a military pilot
2003 
is eligible for such a rating based on qualifications earned 
as a military pilot, pilot instructor, or pilot examiner. 
(b) DEFINITIONS.—In this section: 
(1) 
DEPARTMENT
OF
DEFENSE
CIVILIAN 
PILOT.— 
(A) IN GENERAL.—The term ‘‘Department 
of Defense civilian pilot’’ means an individual, 
other than a military pilot, who is employed as 
a pilot by the Department of Defense. 
(B) EXCLUSION.—The term ‘‘Department 
of Defense civilian pilot’’ does not include a 
contractor of the Department of Defense. 
(2) MILITARY
PILOT.—The term ‘‘military 
pilot’’ means a military pilot, as such term is used 
in section 61.73 of title 14, Code of Federal Regula-
tions (as in effect on the day before the date of the 
enactment of this Act). 
SEC. 5304. PILOT PROGRAM FOR SPACEFLIGHT RECOVERY 
OPERATIONS AT SEA. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States has the most advanced 
commercial space industry in the world; 
(2) the United States domestic space sector cre-
ates jobs, demonstrates American global techno-
2004 
logical leadership, and is critical to the national de-
fense; and 
(3) the reliable, safe, and secure at-sea recovery 
of spaceflight components is necessary to sustain 
and further develop the commercial space enterprise, 
which is of vital importance to the national and eco-
nomic security of the United States. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Secretary 
shall establish and conduct a pilot program to over-
see the operation and monitoring of remotely-con-
trolled or unmanned spaceflight recovery vessels or 
platforms by eligible entities to— 
(A) better understand the complexities of 
such operation and monitoring and potential 
risks to navigation safety and maritime work-
ers; 
(B) gather observational and performance 
data from monitoring the use of remotely-con-
trolled or unmanned spaceflight recovery vessels 
and platforms; and 
(C) assess and evaluate regulatory alter-
natives to guide the development of routine op-
eration and monitoring of remotely-controlled or
2005 
unmanned spaceflight recovery vessels and plat-
forms. 
(2) REQUIREMENTS.—In conducting the pilot 
program established under this section, the Sec-
retary shall— 
(A) ensure that authority provided under 
this section is necessary to ensure the life and 
safety of licensed and unlicensed maritime 
workers and other non-vessel operating per-
sonnel involved during operations regulated 
under this section; and 
(B) consider experience and knowledge 
gained pursuant to implementation of the pilot 
program authorized under section 8343 of the 
Elijah E. Cummings Coast Guard Authoriza-
tion Act of 2020 (46 U.S.C. 70034 note). 
(c) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—In conducting the pilot pro-
gram under this section, the Secretary may allow an 
eligible entity to— 
(A) carry out remote over-the-horizon mon-
itoring operations related to the active recovery 
of spaceflight components at sea on a remotely- 
controlled or unmanned spaceflight recovery 
vessel or platform;
2006 
(B) develop procedures for the operation 
and monitoring of remotely-controlled or un-
manned spaceflight recovery vessels or plat-
forms; 
(C) carry out unmanned spaceflight recov-
ery vessel transits and testing operations with-
out a physical tow line; and 
(D) carry out any other activities the Sec-
retary determines to be in the interest of fur-
thering the development of operations to re-
cover spaceflight components at sea, including 
the use of remotely-controlled or unmanned ves-
sels specifically designed, built, and used for do-
mestic spaceflight recovery operations. 
(2) PROHIBITION.—In conducting the pilot pro-
gram under this section, the Secretary may not 
allow an eligible entity to operate a remotely-con-
trolled or unmanned spaceflight recovery vessel with-
out a physical tow line within 12 nautical miles of 
a port. 
(d) INTERIM AUTHORITY.—In recognition of poten-
tial risks to navigation safety and unique circumstances 
requiring the use of remotely operated or unmanned 
spaceflight recovery vessels or platforms for recovery of 
spaceflight components at sea, and in carrying out the
2007 
pilot program under this section, the Secretary is author-
ized to— 
(1) allow such recovery operations to proceed 
consistent with the authorities of the Secretary 
under navigation and manning laws and regulations; 
and 
(2) modify applicable regulations and guidance 
as the Secretary considers appropriate to— 
(A) allow the recovery of spaceflight com-
ponents at sea to occur while ensuring naviga-
tion safety in recovery areas; and 
(B) ensure the reliable, safe, and secure 
operation of remotely controlled or unmanned 
spaceflight recovery vessels and platforms. 
(e) DURATION.—The pilot program established under 
this section shall terminate on the day that is 5 years after 
the date on which the pilot program is established. 
(f) PROHIBITION ON RULEMAKING.— 
(1) IN GENERAL.—During the covered period, 
and except as provided in paragraph (2), the Sec-
retary may not propose, issue, or implement a rule 
regarding the integration of automated and autono-
mous commercial vessels and vessel technologies, in-
cluding artificial intelligence, into the United States 
maritime transportation system.
2008 
(2) NON-APPLICATION.—The prohibition au-
thorized under paragraph (1) shall not apply to a 
rule that is— 
(A) related to activities carried out under 
this section; and 
(B) initiated due to a matter of national 
security, an emergency, or to prevent the immi-
nent loss of life and property at sea. 
(3) COVERED PERIOD DEFINED.—In this sub-
section, the term ‘‘covered period’’ means the period 
beginning on the date of enactment of this Act and 
ending on the later of— 
(A) the date on which the International 
Maritime Organization adopts a regulatory re-
gime including international standards to gov-
ern the use and operation of automated and au-
tonomous commercial vessels and vessel tech-
nologies for commercial waterborne transpor-
tation; or 
(B) the date on which the pilot program 
terminates under subsection (e). 
(g) BRIEFINGS.—Upon the request of the Committee 
on Transportation and Infrastructure of the House of 
Representatives or the Committee on Commerce, Science, 
and Transportation of the Senate, the Commandant of the
2009 
Coast Guard shall brief either such committee on the pilot 
program established under this section. 
(h) REPORT.—Not later than 180 days after the ter-
mination of the pilot program under subsection (e), the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate a final report describing the execution 
of such pilot program and recommendations for maintain-
ing navigation safety and the safety of maritime workers 
in spaceflight recovery areas. 
(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to authorize the employment in the 
coastwise trade of a vessel or platform that does not meet 
the requirements of sections 12112, 55102, 55103, or 
55111 of title 46, United States Code. 
(j) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means any company engaged in the recovery of 
spaceflight components at sea. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the department in which the Coast 
Guard is operating.
2010 
SEC. 
5305. 
PORT 
INFRASTRUCTURE 
DEVELOPMENT 
GRANTS. 
(a) IN GENERAL.—From amounts appropriated for 
port infrastructure development grants under section 
54301(a) of title 46, United States Code, after the date 
of enactment of this Act for each of fiscal years 2023 
through 2027, the Secretary of Transportation shall treat 
a project described in subsection (b) as an eligible project 
under section 54301(a)(3) of such title for purposes of 
making grants under section 54301(a) of such title. 
(b) PROJECT DESCRIBED.—A project described in 
this subsection is a project to provide shore power at a 
port that services passenger vessels described in section 
3507(k) of title 46, United States Code. 
SEC. 5306. PRELIMINARY DAMAGE ASSESSMENT. 
(a) FINDINGS.—Congress finds the following: 
(1) Preliminary damage assessments play a 
critical role in assessing and validating the impact 
and magnitude of a disaster. 
(2) Through the preliminary damage assess-
ment process, representatives from the Federal 
Emergency Management Agency validate informa-
tion gathered by State and local officials that serves 
as the basis for disaster assistance requests. 
(3) Various factors can impact the duration of 
a preliminary damage assessment and the cor-
2011 
responding submission of a major disaster request, 
however, the average time between when a disaster 
occurs, and the submission of a corresponding dis-
aster request has been found to be approximately 
twenty days longer for flooding disasters. 
(4) With communities across the country facing 
increased instances of catastrophic flooding and 
other extreme weather events, accurate and efficient 
preliminary damage assessments have become criti-
cally important to the relief process for impacted 
States and municipalities. 
(b) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Administrator 
of the Federal Emergency Management Agency shall 
submit to Congress a report describing the prelimi-
nary damage assessment process, as supported by 
the Federal Emergency Management Agency in the 
5 years before the date of enactment of this Act. 
(2) CONTENTS.—The report described in para-
graph (1) shall contain the following: 
(A) The process of the Federal Emergency 
Management Agency for deploying personnel to 
support preliminary damage assessments.
2012 
(B) The number of Agency staff partici-
pating on disaster assessment teams. 
(C) The training and experience of such 
staff described in subparagraph (B). 
(D) A calculation of the average amount of 
time disaster assessment teams described in 
subparagraph (A) are deployed to a disaster 
area. 
(E) The efforts of the Agency to maintain 
a consistent liaison between the Agency and 
State, local, tribal, and territorial officials with-
in a disaster area. 
(c) PRELIMINARY DAMAGE ASSESSMENT.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Adminis-
trator of the Federal Emergency Management Agen-
cy shall convene an advisory panel consisting of 
emergency management personnel employed by 
State, local, territorial, or tribal authorities, and the 
representative organizations of such personnel to as-
sist the Agency in improving critical components of 
the preliminary damage assessment process. 
(2) MEMBERSHIP.— 
(A) IN
GENERAL.—This advisory panel 
shall consist of at least 2 representatives from
2013 
national emergency management organizations 
and at least 1 representative from each of the 
10 regions of the Federal Emergency Manage-
ment Agency, selected from emergency manage-
ment personnel employed by State, local, terri-
torial, or tribal authorities within each region. 
(B) INCLUSION ON PANEL.—To the fur-
thest extent practicable, representation on the 
advisory panel shall include emergency manage-
ment personnel from both rural and urban ju-
risdictions. 
(3) CONSIDERATIONS.—The advisory panel con-
vened under paragraph (1) shall— 
(A) consider— 
(i) establishing a training regime to 
ensure preliminary damage assessments 
are conducted and reviewed under con-
sistent guidelines; 
(ii) utilizing a common technological 
platform to integrate data collected by 
State and local governments with data col-
lected by the Agency; and 
(iii) assessing instruction materials 
provided by the Agency for omissions of 
pertinent information or language that
2014 
conflicts with other statutory requirements; 
and 
(B) identify opportunities for streamlining 
the consideration of preliminary damage assess-
ments by the Agency, including eliminating du-
plicative paperwork requirements and ensuring 
consistent communication and decision making 
among Agency staff. 
(4) INTERIM
REPORT.—Not later than 18 
months after the date of enactment of this Act, the 
Administrator shall submit to Congress a report re-
garding the findings of the advisory panel, steps that 
will be undertaken by the Agency to implement the 
findings of the advisory panel, and additional legisla-
tion that may be necessary to implement the find-
ings of the advisory panel. 
(5) RULEMAKING
AND
FINAL
REPORT.—Not 
later than 2 years after the date of enactment of 
this Act, the Administrator shall issue such regula-
tions as are necessary to implement the rec-
ommendations of the advisory panel and submit to 
Congress a report discussing— 
(A) the implementation of recommenda-
tions from the advisory panel;
2015 
(B) the identification of any additional 
challenges to the preliminary damage assess-
ment process, including whether specific disas-
ters result in longer preliminary damage assess-
ments; and 
(C) any additional legislative recommenda-
tions necessary to improve the preliminary dam-
age assessment process. 
SEC. 5307. DESIGNATION OF SMALL STATE AND RURAL AD-
VOCATE. 
(a) IN GENERAL.—Section 326(c) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5165d) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by redesignating paragraph (3) as para-
graph (4); and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) assist States in the collection and presen-
tation of material in the disaster or emergency dec-
laration request relevant to demonstrate severe local-
ized impacts within the State for a specific incident, 
including—
2016 
‘‘(A) the per capita personal income by 
local area, as calculated by the Bureau of Eco-
nomic Analysis; 
‘‘(B) the disaster impacted population pro-
file, as reported by the Bureau of the Census, 
including— 
‘‘(i) the percentage of the population 
for whom poverty status is determined; 
‘‘(ii) the percentage of the population 
already receiving Government assistance 
such as Supplemental Security Income and 
Supplemental Nutrition Assistance Pro-
gram benefits; 
‘‘(iii) the pre-disaster unemployment 
rate; 
‘‘(iv) the percentage of the population 
that is 65 years old and older; 
‘‘(v) the percentage of the population 
18 years old and younger; 
‘‘(vi) the percentage of the population 
with a disability; 
‘‘(vii) the percentage of the population 
who speak a language other than English 
and speak English less than ‘very well’; 
and
2017 
‘‘(viii) any unique considerations re-
garding American Indian and Alaskan Na-
tive Tribal populations raised in the 
State’s request for a major disaster dec-
laration that may not be reflected in the 
data points referenced in this subpara-
graph; 
‘‘(C) the impact to community infrastruc-
ture, including— 
‘‘(i) disruptions to community life-sav-
ing and life-sustaining services; 
‘‘(ii) disruptions or increased demand 
for essential community services; and 
‘‘(iii) disruptions to transportation, in-
frastructure, and utilities; and 
‘‘(D) any other information relevant to 
demonstrate severe local impacts.’’. 
(b) GAO REVIEW OF A FINAL RULE.— 
(1) IN
GENERAL.—The Comptroller General 
shall conduct a review of the Federal Emergency 
Management Agency’s implementation of its final 
rule, published on March 21, 2019, amending sec-
tion 206.48(b) of title 44, Code of Federal Regula-
tions (regarding factors considered when evaluating 
a Governor’s request for a major disaster declara-
2018 
tion), which revised the factors that the Agency con-
siders when evaluating a Governor’s request for a 
major disaster declaration authorizing individual as-
sistance under the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 U.S.C. 5121 
et seq). 
(2) SCOPE.—The review required under para-
graph (1) shall include the following: 
(A) An assessment of the criteria used by 
the Agency to assess individual assistance re-
quests following a major disaster declaration 
authorizing individual assistance. 
(B) An assessment of the consistency with 
which the Agency uses the updated Individual 
Assistance Declaration Factors when assessing 
the impact of individual communities after a 
major disaster declaration. 
(C) An assessment of the impact, if any, of 
using the updated Individual Assistance Dec-
laration Factors has had on equity in disaster 
recovery outcomes. 
(D) Recommendations to improve the use 
of the Individual Assistance Declaration Fac-
tors to increase equity in disaster recovery out-
comes.
2019 
(3) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller 
General shall submit to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the 
review required under this section. 
SEC. 5308. FLEXIBILITY. 
(a) IN GENERAL.—Section 1216(a) of the Disaster 
Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is 
amended— 
(1) by amending paragraph (2)(A) to read as 
follows: 
‘‘(A) except as provided in subparagraph 
(B), shall— 
‘‘(i) waive a debt owed to the United 
States related to covered assistance pro-
vided to an individual or household if the 
covered assistance was distributed based 
on an error by the Agency and such debt 
shall be construed as a hardship; and 
‘‘(ii) waive a debt owed to the United 
States related to covered assistance pro-
vided to an individual or household if such 
assistance is subject to a claim or legal ac-
2020 
tion, including in accordance with section 
317 of the Robert T. Stafford Disaster Re-
lief and Emergency Assistance Act (42 
U.S.C. 5160); and’’; and 
(2) in paragraph (3)(B)— 
(A) by striking ‘‘REMOVAL OF’’ and insert-
ing ‘‘REPORT ON’’; and 
(B) in clause (ii) by striking ‘‘the authority 
of the Administrator to waive debt under para-
graph (2) shall no longer be effective’’ and in-
serting ‘‘the Administrator shall report to the 
Committee on Transportation and Infrastruc-
ture of the House of Representatives and the 
Committee on Homeland Security and Govern-
mental Affairs of the Senate actions that the 
Administrator will take to reduce the error 
rate’’. 
(b) REPORT TO CONGRESS.—The Administrator of 
the Federal Emergency Management Agency shall submit 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate a report containing a description of the internal proc-
esses used to make decisions regarding the distribution of 
covered assistance under section 1216 of the Disaster Re-
2021 
covery and Reform Act of 2018 (42 U.S.C. 5174a) and 
any changes made to such processes. 
SEC. 5309. MENSTRUAL PRODUCTS IN PUBLIC BUILDINGS. 
(a) REQUIREMENT.—Each appropriate authority 
shall ensure that menstrual products are stocked in, and 
available free of charge in, each covered restroom in each 
covered public building under the jurisdiction of such au-
thority. 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE AUTHORITY.—The term ‘‘ap-
propriate authority’’ means the head of a Federal 
agency, the Architect of the Capitol, or other official 
authority responsible for the operation of a covered 
public building. 
(2) COVERED
PUBLIC
BUILDING.—The term 
‘‘covered public building’’ means a public building, 
as defined in section 3301 of title 40, United States 
Code, that is open to the public and contains a pub-
lic restroom, and includes a building listed in section 
6301 or 5101 of such title. 
(3) COVERED RESTROOM.—The term ‘‘covered 
restroom’’ means a restroom in a covered public 
building, except for a restroom designated solely for 
use by men.
2022 
(4) MENSTRUAL PRODUCTS.—The term ‘‘men-
strual products’’ means sanitary napkins and tam-
pons that conform to applicable industry standards. 
SEC. 5310. FLY AMERICA ACT EXCEPTION. 
Section 40118 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(h) CERTAIN TRANSPORTATION OF DOMESTIC ANI-
MALS.— 
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (a) and (c), an appropriation to any depart-
ment, agency, or instrumentality of the United 
States Government may be used to pay for the 
transportation of a Peace Corps volunteer or an offi-
cer, employee, or member of the uniformed services 
of any such department, agency, or instrumentality, 
a dependent of the Peace Corps volunteer, officer, 
employee, or member, and in-cabin or accompanying 
checked baggage, by a foreign air carrier when— 
‘‘(A) the transportation is from a place— 
‘‘(i) outside the United States to a 
place in the United States; 
‘‘(ii) in the United States to a place 
outside the United States; or 
‘‘(iii) outside the United States to an-
other place outside the United States; and
2024 
SEC. 5311. AQUA ALERT NOTIFICATION SYSTEM PILOT PRO-
GRAM. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Commandant of the 
Coast Guard shall, subject to the availability of appropria-
tions, establish a pilot program to improve the issuance 
of alerts to facilitate cooperation with the public to render 
aid to distressed individuals under section 521 of title 14, 
United States Code. 
(b) PILOT PROGRAM CONTENTS.—The pilot program 
established under subsection (a) shall, to the maximum 
extent possible— 
(1) include a voluntary opt-in program under 
which members of the public may receive notifica-
tions on cellular devices regarding Coast Guard ac-
tivities to render aid to distressed individuals under 
section 521 of title 14, United States Code; 
(2) cover areas located within the area of re-
sponsibility of 3 different Coast Guard sectors in di-
verse geographic regions; and 
(3) provide that the dissemination of an alert 
be limited to the geographic areas most likely to fa-
cilitate the rendering of aide to distressed individ-
uals. 
(c) 
CONSULTATION
WITH
OTHER
AGENCIES, 
STATES, TERRITORIES, AND POLITICAL SUBDIVISIONS.—
2025 
In developing the pilot program under subsection (a), the 
Commandant shall consult any relevant Federal agency, 
State, Territory, Tribal government, possession, or polit-
ical subdivision. 
(d) REPORT TO CONGRESS.—Not later than 2 years 
after the date of enactment of this Act, and annually 
thereafter through 2026, the Commandant 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, 
and make available to the public, a report on the imple-
mentation of this Act. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this Act $3,000,000 to the 
Commandant for each of fiscal years 2023 through 
2026. 
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to paragraph (1) shall remain 
available until expended. 
SEC. 5312. RECOGNIZING FEMA SUPPORT. 
Congress finds the following: 
(1) The Federal Emergency Management Agen-
cy provides vital support to communities and dis-
aster survivors in the aftermath of major disasters,
2026 
including housing assistance for individuals and fam-
ilies displaced from their homes. 
(2) The Federal Emergency Management Agen-
cy should be encouraged to study the idea inte-
grating collapsible shelters for appropriate non-con-
gregate sheltering needs into the disaster prepared-
ness stockpile. 
SEC. 5313. DEFINITIONS. 
Section 101(a) of title 23, United States Code, is 
amended— 
(1) by redesignating paragraphs (33), (34), 
(35), and (36) as paragraphs (34), (35), (36), and 
(37), respectively; and 
(2) by inserting after paragraph (32) the fol-
lowing: 
‘‘(33) TRANSPORTATION
DEMAND
MANAGE-
MENT.—The term ‘transportation demand manage-
ment’ means the use of strategies to inform and en-
courage travelers to maximize the efficiency of a 
transportation system, leading to improved mobility, 
reduced congestion, and lower vehicle emissions, in-
cluding strategies that use planning, programs, poli-
cies, marketing, communications, incentives, pricing, 
data, and technology.’’.
2027 
SEC. 5314. PERMITTING USE OF HIGHWAY TRUST FUND 
FOR CONSTRUCTION OF CERTAIN NOISE BAR-
RIERS. 
(a) IN GENERAL.—Section 339(b) of the National 
Highway System Designation Act of 1995 (23 U.S.C. 109 
note) is amended to read as follows: 
‘‘(1) GENERAL RULE.—No funds made avail-
able out of the Highway Trust Fund may be used 
to construct a Type II noise barrier (as defined by 
section 772.5 of title 23, Code of Federal Regula-
tions) pursuant to subsections (h) and (i) of section 
109 of title 23, United States Code. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to construction or preservation of a Type II 
noise barrier if such a barrier— 
‘‘(A) was not part of a project approved by 
the Secretary before November 28, 1995; 
‘‘(B) is proposed along lands that were de-
veloped or were under substantial construction 
before approval of the acquisition of the rights- 
of-ways for, or construction of, the existing 
highway; or 
‘‘(C) as determined and applied by the 
Secretary, separates a highway or other noise 
corridor from a group of structures of which
2028 
the majority of such structures closest to the 
highway or noise corridor— 
‘‘(i) are residential in nature; and 
‘‘(ii) are at least 10 years old as of 
the date of the proposal of the barrier 
project.’’. 
(b) ELIGIBILITY
FOR SURFACE TRANSPORTATION 
BLOCK GRANT FUNDS.—Section 133 of title 23, United 
States Code, is amended— 
(1) in subsection (b) by adding at the end the 
following: 
‘‘(25) Planning, design, preservation, or con-
struction of a Type II noise barrier (as described in 
section 772.5 of title 23, Code of Federal Regula-
tions) and consistent with the requirements of sec-
tion 339(b) of the National Highway System Des-
ignation Act of 1995 (23 U.S.C. 109 note).’’; and 
(2) in subsection (c)(2) by striking ‘‘and para-
graph (23)’’ and inserting ‘‘, paragraph (23), and 
paragraph (25)’’. 
(c) MULTIPURPOSE NOISE BARRIERS.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation shall ensure that a noise barrier constructed 
or preserved under section 339(b) of the National 
Highway System Designation Act of 1995 (23
2029 
U.S.C. 109 note) or with funds made available 
under title 23, United States Code, may be a multi-
purpose noise barrier. 
(2) STATE APPROVAL.—A State, on behalf of 
the Secretary, may approve accommodation of a sec-
ondary beneficial use on a noise barrier within a 
right-of-way on a Federal-aid highway. 
(3) DEFINITIONS.—In this subsection: 
(A) MULTIPURPOSE NOISE BARRIER.—The 
term ‘‘multipurpose noise barrier’’ means any 
noise barrier that provides a secondary bene-
ficial use, including a barrier that hosts or ac-
commodates renewable energy generation facili-
ties, electrical transmission and distribution in-
frastructure, or broadband infrastructure and 
conduit. 
(B) SECONDARY
BENEFICIAL
USE.—The 
term ‘‘secondary beneficial use’’ means an envi-
ronmental, economic, or social benefit in addi-
tion to highway noise mitigation. 
(d) AESTHETICS.—A project sponsor constructing or 
preserving a noise barrier under section 339(b) of the Na-
tional Highway System Designation Act of 1995 (23 
U.S.C. 109 note) or with funds made available under title 
23, United States Code, shall consider the aesthetics of
2030 
the proposed noise barrier, consistent with latest version 
of the Noise Barrier Design Handbook published by the 
Federal Highway Administration of the Department of 
Transportation. 
SEC. 5315. ESTABLISHMENT OF SOUTHERN NEW ENGLAND 
REGIONAL COMMISSION. 
(a) ESTABLISHMENT.—Section 15301(a) of title 40, 
United States Code, is amended by adding at the end the 
following: 
‘‘(4) The Southern New England Regional 
Commission.’’. 
(b) DESIGNATION OF REGION.— 
(1) IN
GENERAL.—Subchapter II of chapter 
157 of such title is amended by adding at the end 
the following: 
‘‘§ 15734. Southern New England Regional Commis-
sion 
‘‘The region of the Southern New England Regional 
Commission shall include the following counties: 
‘‘(1) RHODE
ISLAND.—Each county in the 
State of Rhode Island. 
‘‘(2) CONNECTICUT.—The counties of Hartford, 
New Haven, Windham, Tolland, Middlesex, and New 
London in the State of Connecticut.
2031 
‘‘(3) 
MASSACHUSETTS.—The 
counties 
of 
Hampden, Plymouth, Barnstable, Essex, Worcester, 
and Bristol in the State of Massachusetts.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The analysis for Subchapter II of chapter 
157 of such title is amended by adding at the end 
the following: 
‘‘15734. Southern New England Regional Commission.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—The au-
thorization of appropriations in section 15751 of title 40, 
United States Code, shall apply with respect to the South-
ern New England Regional Commission beginning with 
fiscal year 2023. 
SEC. 5316. CRITICAL DOCUMENT FEE WAIVER. 
Section 1238(a) of the Disaster Recovery Reform Act 
of 2018 (42 U.S.C. 5174b) is amended— 
(1) in paragraph (2), by striking ‘‘applies re-
gardless’’ and inserting ‘‘and the requirement of the 
President to waive fees under paragraph (4) apply 
regardless’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) MANDATORY
AUTOMATIC
WAIVER.—The 
President, in consultation with the Governor of a
2032 
State, shall automatically provide a fee waiver de-
scribed in paragraph (1) to an individual or house-
hold that has been adversely affected by a major dis-
aster declared under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170)— 
‘‘(A) for which the President provides as-
sistance to individuals and households under 
section 408 of that Act (42 U.S.C. 5174); and 
‘‘(B) that destroyed a critical document de-
scribed in paragraph (1) of the individual or 
household.’’. 
SEC. 5317. DISADVANTAGED BUSINESS ENTERPRISES. 
Section 11101(e)(2)(A) of the Infrastructure Invest-
ment and Jobs Act (Public Law 117–58) is amended to 
read as follows: 
‘‘(A) SMALL
BUSINESS
CONCERN.—The 
term ‘small business concern’ means a small 
business concern (as the term is used in section 
3 of the Small Business Act (15 U.S.C. 
632)).’’.
2033 
SEC. 5318. SECRETARY OF AGRICULTURE REPORT ON IM-
PROVING SUPPLY CHAIN SHORTFALLS AND 
INFRASTRUCTURE NEEDS AT WHOLESALE 
PRODUCE MARKETS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Agri-
culture shall submit to the appropriate congressional com-
mittees a report on— 
(1) the 5 largest wholesale produce markets by 
annual sales and volume over the preceding 4 cal-
endar years; and 
(2) a representative sample of 8 wholesale 
produce markets that are not among the largest 
wholesale produce markets. 
(b) CONTENTS.—The report under subsection (a) 
shall contain the following: 
(1) An analysis of the supply chain shortfalls in 
each wholesale produce market identified under sub-
section (a), which shall include an analysis of the 
following: 
(A) State of repair of infrastructure, in-
cluding roads, food storage units, and refueling 
stations. 
(B) Sustainability infrastructure, including 
the following:
2034 
(i) Carbon emission reduction tech-
nology. 
(ii) On-site green refueling stations. 
(iii) Disaster preparedness. 
(C) Disaster preparedness, including with 
respect to cyber attacks, weather events, and 
terrorist attacks. 
(D) Disaster recovery systems, including 
coordination with State and Federal agencies. 
(2) A description of any actions the Secretary 
recommends be taken as a result of the analysis 
under paragraph (1). 
(3) Recommendations, as appropriate, for 
wholesale produce market owners and operators, and 
State and local entities to improve the supply chain 
shortfalls identified under paragraph (1). 
(4) Proposals, as appropriate, for legislative ac-
tions and funding needed to improve the supply 
chain shortfalls. 
(c) CONSULTATION.—In completing the report under 
subsection (a), the Secretary of Agriculture shall consult 
with the Secretary of Transportation, the Secretary of 
Homeland Security, wholesale produce market owners and 
operators, State and local entities, and other agencies or 
stakeholders, as determined appropriate by the Secretary.
2035 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
For the purposes of this section, the term ‘‘appropriate 
congressional committees’’ means the Committee on Agri-
culture, the Committee on Homeland Security, and the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Technology, the Committee on Home-
land Security and Governmental Affairs, and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Sen-
ate. 
SEC. 5319. REPORT ON IMPROVING COUNTERTERRORISM 
SECURITY AT PASSENGER RAIL STATIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Homeland 
Secretary, in consultation with the Secretary of Transpor-
tation and State, local, Tribal, and territorial govern-
ments, passenger rail station owners and operators, State 
and local transportation entities, and other agencies or 
stakeholders as determined appropriate by the Secretary, 
shall submit to the appropriate congressional committees 
a report on the 5 largest passenger rail stations by annual 
ridership and a representative sample of 8 other-sized pas-
senger rail stations that contains the following: 
(1) An analysis of the effectiveness of counter-
terrorism measures implemented in each passenger
2036 
rail station to include prevention systems, includ-
ing— 
(A) surveillance systems, including cam-
eras, and physical law enforcement presence; 
(B) response systems including— 
(i) evacuation systems to allow pas-
sengers and workers to egress the stations, 
mezzanines, and rail cars; 
(ii) fire safety measures, including 
ventilation and fire suppression systems; 
and 
(iii) public alert systems; and 
(C) recovery systems, including coordina-
tion with State and Federal agencies. 
(2) A description of any actions taken as a re-
sult of the analysis conducted under paragraph (1). 
(3) Recommendations, as appropriate, for pas-
senger rail station owners and operators, and State 
and local transportation entities to improve counter-
terrorism measures outlined in paragraph (1). 
(4) Proposals, as appropriate, for legislative ac-
tions and funding needed to improve counterter-
rorism measures. 
(b) REPORT FORMAT.—The report described in sub-
section (a) shall be submitted in unclassified form, but in-
2037 
formation that is sensitive or classified shall be included 
as a classified annex. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on Homeland 
Security of the House of Representatives, the Committee 
on Transportation and Infrastructure of the House of 
Representatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate. 
SEC. 5320. EXTREME WEATHER EVENTS. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—Section 203 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5133) is amended— 
(A) by amending subsection (a) to read as 
follows: 
‘‘(a) DEFINITION OF UNDERSERVED COMMUNITY.— 
In this section, the term ‘underserved community’ means 
a community, or a neighborhood within a community, 
that— 
‘‘(1) is classified as high risk according to cen-
sus tract risk ratings derived from a product that—
2038 
‘‘(A) is maintained under a natural hazard 
assessment program; 
‘‘(B) is available to the public; 
‘‘(C) defines natural hazard risk across the 
United States; 
‘‘(D) reflects high levels of individual haz-
ard risk ratings; 
‘‘(E) reflects high social vulnerability rat-
ings and low community resilience ratings; 
‘‘(F) reflects the principal natural hazard 
risks identified for the respective census tracts; 
and 
‘‘(G) any other elements determined by the 
President. 
‘‘(2) is comprised of 50,000 or fewer individuals 
and is economically disadvantaged, as determined by 
the State in which the community is located and 
based on criteria established by the President; or 
‘‘(3) is otherwise determined by the President 
based on factors including, high housing cost burden 
and substandard housing, percentage of homeless 
population, limited water and sanitation access, de-
mographic information such as race, age, and dis-
ability, language composition, transportation access 
or type, disproportionate environmental stressor bur-
2039 
den, and disproportionate impacts from climate 
change.’’; 
(B) in subsection (g)(9) by striking ‘‘small 
impoverished communities’’ and inserting ‘‘un-
derserved communities’’; and 
(C) in subsection (h)(2)— 
(i) in the heading by striking ‘‘SMALL 
IMPOVERISHED COMMUNITIES’’ and insert-
ing ‘‘UNDERSERVED COMMUNITIES’’; and 
(ii) by striking ‘‘small impoverished 
community’’ and inserting ‘‘underserved 
community’’. 
(2) APPLICABILITY.—The amendments made 
by subsection (a) shall apply with respect to any 
amounts appropriated on or after the date of enact-
ment of this Act. 
(b) 
GUIDANCE
ON
EXTREME
TEMPERATURE 
EVENTS.—Not later than 1 year after the date of enact-
ment of this Act, the Administrator of the Federal Emer-
gency Management Administration shall issue guidance 
related to extreme temperature events, including heat 
waves and freezes, and publish such guidance in the Fed-
eral Emergency Management Administration Public As-
sistance Program and Policy Guide.
2040 
(c) HAZARD MITIGATION PLANS.—Section 322 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5165) is amended— 
(1) in subsection (a) by striking the period at 
the end and inserting ‘‘, including— 
‘‘(1) identifying the extent to which resilience is 
or will be incorporated into other planning processes, 
including community land use, economic develop-
ment, capital improvement budgets and transpor-
tation planning processes; 
‘‘(2) goals and objectives related to increasing 
resilience over a 5-year period, including benchmarks 
for future work and an assessment of past progress; 
‘‘(3) the building codes in existence at the time 
the plan is submitted and standards that are in use 
by the State for all manner of planning or develop-
ment purposes and how the State has or will comply 
with the standards set forth in section 406(e)(1)(A); 
‘‘(4) the use of nature-based solutions or other 
mitigation activities that conserve or restore natural 
features that can serve to abate or lessen the im-
pacts of future disasters; 
‘‘(5) integration of each local mitigation plan 
with the State, Indian Tribe, or territory plan; and
2041 
‘‘(6) the disparate impacts on underserved com-
munities (as such term is defined in section 203(a)) 
and plans to address any disparities.’’; and 
(2) by adding at the end the following: 
‘‘(f) GUIDANCE.—The Administrator of the Federal 
Emergency Management Agency shall issue specific guid-
ance on resilience goals and provide technical assistance 
for States, Indian Tribes, territories, and local govern-
ments to meet such goals. 
‘‘(g) ADEQUATE STAFFING.—The Administrator of 
the Federal Emergency Management Agency shall ensure 
that ample staff are available to develop the guidance and 
technical assistance under section 322, including hazard 
mitigation planning staff and personnel with expertise in 
community planning, land use development, and consensus 
based codes and hazard resistant designs at each regional 
office that specifically focus on providing financial and 
non-financial direct technical assistance to States, Indian 
Tribes, and territories. 
‘‘(h) REPORTING.—Not less frequently than every 5 
years, the Administrator shall submit to Congress a report 
on the progress of meeting the goals under this section.’’. 
(d) ADDITIONAL USES OF FUNDS.—Section 408 of 
the Robert T. Stafford Disaster Relief and Emergency As-
2042 
sistance Act (42 U.S.C. 5174) is amended by adding at 
the end the following: 
‘‘(k) ADDITIONAL USES OF FUNDS.—For State and 
local governments that have exceeded, adopted, or are im-
plementing the latest two published editions of relevant 
consensus-based codes, specifications, and standards that 
incorporate the latest hazard-resistant designs and estab-
lish minimum acceptable criteria for the design, construc-
tion, and maintenance of residential structures and facili-
ties, a recipient of assistance provided under this para-
graph may use such assistance in a manner consistent 
with the standards set forth in clauses (ii) and (iii) of sec-
tion 406(e)(1)(A).’’. 
(e) COLLABORATION WITH OTHER AGENCIES.—In 
awarding grants under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), the Administrator of the Federal Emergency Man-
agement Agency may coordinate with other relevant agen-
cies, including the Environmental Protection Agency, the 
Department of Energy, the Department of Transpor-
tation, the Corps of Engineers, the Department of Agri-
culture, and the Department of Housing and Urban De-
velopment, as necessary, to improve collaboration for eligi-
ble activities under the Act. 
(f) GAO REPORTS.—
2043 
(1) EXTREME
TEMPERATURE
EVENTS.—Not 
later than 1 year after the date of enactment of this 
Act, and every 5 years thereafter, the Comptroller 
General of the United States shall evaluate and 
issue to Congress and the Federal Emergency Man-
agement Agency a report regarding the impacts of 
extreme temperatures events on communities, the 
challenges posed to the Federal Emergency Manage-
ment Agency in addressing extreme temperature 
events, and recommendations for the Federal Emer-
gency Management Agency to better provide assist-
ance to communities experiencing extreme tempera-
ture events. The report may also include examples of 
specific mitigation and resilience projects that com-
munities may undertake, and the Federal Emer-
gency Management Agency may consider, to reduce 
the impacts of extreme temperatures on and within 
building structures, participatory processes that 
allow for public engagement in determining and ad-
dressing local risks and vulnerabilities related to ex-
treme temperatures events, and community infra-
structure, including heating or cooling shelters. 
(2) SMOKE
AND
INDOOR
AIR
QUALITY.—Not 
later than 1 year after the date of enactment of this 
Act, and every 5 years thereafter, the Comptroller
2044 
General shall evaluate and issue to Congress and the 
Federal Emergency Management Agency a report 
regarding the impacts of wildfire smoke and poor in-
door air quality, the challenges posed to Federal 
Emergency Management Agency in addressing wild-
fire smoke and indoor air quality, and recommenda-
tions for the Federal Emergency Management Agen-
cy to better provide assistance to communities and 
individuals in dealing with wildfire smoke and indoor 
air quality. 
(g) REPORT CONGRESS AND UPDATE OF COST EF-
FECTIVENESS DETERMINATIONS AND DECLARATIONS.— 
(1) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Administrator of 
the Federal Emergency Management Agency, in co-
ordination with the Director of the Office of Man-
agement and Budget, shall submit to Congress a re-
port regarding the challenges posed by the Agency’s 
requirements for declaring an incident or deter-
mining the cost effectiveness of mitigation activities 
and specifically how such requirements may dis-
proportionately burden small impoverished commu-
nities, or specific vulnerable populations within com-
munities.
2045 
(2) UPDATE OF COST EFFECTIVENESS DETER-
MINATION.—Not later than 5 years after the date of 
enactment of this Act, the Administrator, to the ex-
tent practicable, shall update the requirements for 
determining cost effectiveness and declaring inci-
dents, including selection of appropriate interest 
rates, based on the findings made under subsection 
(a). 
SEC. 5321. SAFETY STANDARDS. 
(a) IN GENERAL.—Section 4502 of title 46, United 
States Code, is amended— 
(1) in subsection (i)(4) by striking ‘‘each of fis-
cal years 2018 through 2021’’ and inserting ‘‘fiscal 
year 2023’’; and 
(2) in subsection (j)(4) by striking ‘‘each of fis-
cal years 2018 through 2021’’ and inserting ‘‘fiscal 
year 2023’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
9 of the Maritime Debris Act (33 U.S.C. 1958) is amend-
ed— 
(1) in subsection (a) by striking ‘‘each of fiscal 
years 2018 through 2021’’ and inserting ‘‘fiscal year 
2023’’; and 
(2) in subsection (b) by striking ‘‘2702(1)’’ and 
inserting ‘‘4902(1)’’.
2046 
SEC. 5322. EXTENSION. 
Section 1246 of the Disaster Recovery Reform Act 
of 2018 is amended— 
(1) by striking ‘‘3 years’’ and inserting ‘‘4 1⁄2 
years’’; and 
(2) by inserting ‘‘and every 3 months there-
after,’’ before ‘‘the Administrator shall submit’’. 
SEC. 5323. CENTERS OF EXCELLENCE FOR DOMESTIC MARI-
TIME 
WORKFORCE 
TRAINING 
AND 
EDU-
CATION. 
(a) IN GENERAL.—Section 51706 of title 46, United 
States Code, is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) DESIGNATION.—The Secretary of Transpor-
tation may designate a covered training entity as a center 
of excellence for domestic maritime workforce training and 
education.’’; 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may award 
maritime career training grants to centers of excel-
lence designated under subsection (a) for the pur-
pose of developing, offering, or improving edu-
cational or career training programs for American
2047 
workers related to the United States maritime in-
dustry. 
‘‘(2) REQUIRED
INFORMATION.—To receive a 
grant under this subsection, a center of excellence 
designated under subsection (a) shall submit to the 
Secretary a grant proposal that includes a detailed 
description of— 
‘‘(A) the specific project for which the 
grant proposal is submitted, including the man-
ner in which the grant will be used to develop, 
offer, or improve an educational or career train-
ing program that is suited to United States 
maritime industry workers; 
‘‘(B) the extent to which the project for 
which the grant proposal is submitted will meet 
the educational or career training needs of 
United States maritime industry workers; 
‘‘(C) any previous experience of the center 
of excellence in providing United States mari-
time industry educational or career training 
programs; 
‘‘(D) how the grant would address short-
comings in existing educational and career 
training opportunities available to United 
States maritime industry workers; and
2048 
‘‘(E) the extent to which employers, includ-
ing small and medium-sized firms, have dem-
onstrated a commitment to employing United 
States maritime industry workers who would 
benefit from the project for which the grant 
proposal is submitted. 
‘‘(3) CRITERIA FOR AWARD OF GRANTS.—Sub-
ject to the appropriation of funds, the Secretary 
shall award a grant under this subsection based 
on— 
‘‘(A) a determination of the merits of the 
grant proposal submitted by the center of excel-
lence designated under subsection (a) to de-
velop, offer, or improve educational or career 
training programs to be made available to 
United States maritime industry workers; 
‘‘(B) an evaluation of the likely employ-
ment opportunities available to United States 
maritime industry workers who complete a mar-
itime educational or career training program 
that the center of excellence designated under 
subsection (a) proposes to develop, offer, or im-
prove; and 
‘‘(C) an evaluation of prior demand for 
training programs by workers served by the
2049 
centers of excellence designated under sub-
section (a) as well as the availability and capac-
ity of existing maritime training programs to 
meet future demand for training programs. 
‘‘(4) COMPETITIVE AWARDS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
award grants under this subsection to a center 
of excellence designated under subsection (a) on 
a competitive basis. 
‘‘(B) TIMING
OF
GRANT
NOTICE.—The 
Secretary shall post a Notice of Funding Op-
portunity regarding grants awarded under this 
subsection not more than 90 days after the date 
of enactment of the appropriations Act for the 
fiscal year concerned. 
‘‘(C) TIMING OF GRANTS.—The Secretary 
shall award grants under this subsection not 
later than 270 days after the date of the enact-
ment of the appropriations Act for the fiscal 
year concerned. 
‘‘(D) REUSE
OF
UNEXPENDED
GRANT 
FUNDS.—Notwithstanding subparagraph (C), 
amounts awarded as a grant under this sub-
section that are not expended by the grantee
2050 
shall remain available to the Administrator for 
use for grants under this subsection. 
‘‘(E) ADMINISTRATIVE COSTS.—Not more 
than 3 percent of amounts made available to 
carry out this subsection may be used for the 
necessary costs of grant administration. 
‘‘(F) PROHIBITED USE.—A center of excel-
lence designated under subsection (a) that has 
received 
funds 
awarded 
under 
section 
54101(a)(2) for training purposes shall not be 
eligible for grants under this subsection in the 
same fiscal year. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $30,000,000.’’; and 
(3) in subsection (c)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) COVERED TRAINING ENTITY.—The term 
‘covered training entity’ means an entity that— 
‘‘(A) is located in a State that borders on 
the— 
‘‘(i) Gulf of Mexico; 
‘‘(ii) Atlantic Ocean; 
‘‘(iii) Long Island Sound;
2051 
‘‘(iv) Pacific Ocean; 
‘‘(v) Great Lakes; or 
‘‘(vi) Mississippi River System; and 
‘‘(B) is— 
‘‘(i) a postsecondary educational insti-
tution (as such term is defined in section 
3 (39) of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 
U.S.C. 2302)); 
‘‘(ii) a postsecondary vocational insti-
tution (as such term is defined in section 
102(c) of the Higher Education Act of 
1965 (20 U.S.C. 1002(c)); 
‘‘(iii) a public or private nonprofit en-
tity that offers 1 or more other structured 
experiential learning training programs for 
American workers in the United States 
maritime industry, including a program 
that is offered by a labor organization or 
conducted in partnership with a nonprofit 
organization or 1 or more employers in the 
United States maritime industry; 
‘‘(iv) an entity sponsoring an appren-
ticeship program registered with the Office 
of Apprenticeship of the Employment and
2052 
Training Administration of the Depart-
ment of Labor or a State apprenticeship 
agency recognized by the Office of Appren-
ticeship pursuant to the Act of August 16, 
1937 (commonly known as the ‘National 
Apprenticeship Act’; 50 Stat. 664, chapter 
663; 29 U.S.C. 50 et seq.); or 
‘‘(v) a maritime training center des-
ignated prior to the date of enactment of 
the National Defense Authorization Act for 
Fiscal Year 2023.’’; and 
(B) by adding at the end the following: 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation. 
‘‘(4) UNITED STATES MARITIME INDUSTRY.— 
The term ‘United States maritime industry’ means 
the design, construction, repair, operation, manning, 
and supply of vessels in all segments of the maritime 
transportation system of the United States, includ-
ing— 
‘‘(A) the domestic and foreign trade; 
‘‘(B) the coastal, offshore, and inland 
trade, including energy activities conducted 
under the Outer Continental Shelf Lands 
Act(43 U.S.C. 1331 et seq.);
2053 
‘‘(C) non-commercial maritime activities, 
including— 
‘‘(i) recreational boating; and 
‘‘(ii) oceanographic and limnological 
research 
as 
described 
in 
section 
2101(24).’’. 
(b) PUBLIC REPORT.—Not later than December 15 
in each of calendar years 2022 through 2024, the Sec-
retary of Transportation shall make available on a publicly 
available website a report and provide a briefing to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and In-
frastructure of the House of Representatives— 
(1) describing each grant awarded under this 
subsection during the preceding fiscal year; and 
(2) assessing the impact of each award of a 
grant under this subsection in a fiscal year pre-
ceding the fiscal year referred to in subparagraph 
(A) on workers receiving training. 
(c) GUIDELINES.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall— 
(1) promulgate guidelines for the submission of 
grant proposals under section 51706(b) of title 46, 
United States Code (as amended by this section); 
and
2054 
(2) publish and maintain such guidelines on the 
website of the Department of Transportation. 
(d) ASSISTANCE FOR SMALL SHIPYARDS.—Section 
54101(e) of title 46, United States Code, is amended by 
striking paragraph (2) and inserting the following: 
‘‘(2) ALLOCATION OF FUNDS.— 
‘‘(A) IN
GENERAL.—The Administrator 
may not award more than 25 percent of the 
funds appropriated to carry out this section for 
any fiscal year to any small shipyard in one ge-
ographic location that has more than 600 em-
ployees. 
‘‘(B) INELIGIBILITY.—A maritime training 
center that has received funds awarded under 
this section 51706 of title 46, United States 
Code, shall not be eligible for grants under this 
subsection for training purposes in the same 
fiscal year.’’. 
SEC. 5324. DUPLICATION OF BENEFITS. 
Section 312(b)(4) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 
5155(b)(4)) is amended by adding at the end the fol-
lowing: 
‘‘(D) LIMITATION ON USE OF INCOME CRI-
TERIA.—In carrying out subparagraph (A), the
2055 
President may not impose additional income 
criteria on a potential grant recipient who has 
accepted a qualified disaster loan in deter-
mining eligibility for duplications of benefit re-
lief.’’. 
SEC. 5325. FLIGHT INSTRUCTION OR TESTING. 
(a) IN GENERAL.—An authorized flight instructor 
providing student instruction, flight instruction, or flight 
training shall not be deemed to be operating an aircraft 
carrying persons or property for compensation or hire. 
(b) AUTHORIZED ADDITIONAL PILOTS.—An indi-
vidual acting as an authorized additional pilot during 
Phase I flight testing of aircraft holding an experimental 
airworthiness certificate, in accordance with section 
21.191 of title 14, Code of Federal Regulations, and meet-
ing the requirements set forth in Federal Aviation Admin-
istration regulations and policy in effect as of the date 
of enactment of this section, shall not be deemed to be 
operating an aircraft carrying persons or property for 
compensation or hire. 
(c) USE
OF AIRCRAFT.—An individual who uses, 
causes to use, or authorizes to use aircraft for flights con-
ducted under subsection (a) or (b) shall not be deemed 
to be operating an aircraft carrying persons or property 
for compensation or hire.
2056 
(d) REVISION OF RULES.—The requirements of this 
section shall become effective upon the date of enactment. 
The Administrator of the Federal Aviation Administration 
shall issue, revise, or repeal the rules, regulations, guid-
ance, or procedures of the Federal Aviation Administra-
tion to conform to the requirements of this section. 
SEC. 5326. HIGH-SPEED BROADBAND DEPLOYMENT INITIA-
TIVE. 
(a) IN GENERAL.—Title II of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3141 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 219. HIGH-SPEED BROADBAND DEPLOYMENT INITIA-
TIVE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 
BROADBAND
PROJECT.—The 
term 
‘broadband project’ means, for the purpose of pro-
viding, extending, expanding, or improving high- 
speed broadband service to further the goals of this 
Act— 
‘‘(A) planning, technical assistance, or 
training; 
‘‘(B) the acquisition or development of 
land; or 
‘‘(C) the acquisition, design and engineer-
ing, construction, rehabilitation, alteration, ex-
2057 
pansion, or improvement of facilities, including 
related 
machinery, 
equipment, 
contractual 
rights, and intangible property. 
‘‘(2) ELIGIBLE RECIPIENT.— 
‘‘(A) IN GENERAL.—The term ‘eligible re-
cipient’ means an eligible recipient. 
‘‘(B) INCLUSIONS.—The term ‘eligible re-
cipient’ includes— 
‘‘(i) a public-private partnership; and 
‘‘(ii) a consortium formed for the pur-
pose of providing, extending, expanding, or 
improving high-speed broadband service 
between 1 or more eligible recipients and 1 
or more for-profit organizations. 
‘‘(3) HIGH-SPEED
BROADBAND.—The term 
‘high-speed broadband’ means the provision of 2-way 
data transmission with sufficient downstream and 
upstream speeds to end users to permit effective 
participation in the economy and to support eco-
nomic growth, as determined by the Secretary. 
‘‘(b) BROADBAND PROJECTS.— 
‘‘(1) IN GENERAL.—On the application of an el-
igible recipient, the Secretary may make grants 
under this title for broadband projects, which shall 
be subject to the provisions of this section.
2058 
‘‘(2) CONSIDERATIONS.—In reviewing applica-
tions submitted under paragraph (1), the Secretary 
shall take into consideration geographic diversity of 
grants allocated, including consideration of under-
served markets, in addition to data requested in 
paragraph (3). 
‘‘(3) DATA REQUESTED.—In reviewing an ap-
plication submitted under paragraph (1), the Sec-
retary shall request from the Federal Communica-
tions Commission, the Administrator of the National 
Telecommunications and Information Administra-
tion, the Secretary of Agriculture, and the Appa-
lachian Regional Commission data on— 
‘‘(A) the level and extent of broadband 
service that exists in the area proposed to be 
served; and 
‘‘(B) the level and extent of broadband 
service that will be deployed in the area pro-
posed to be served pursuant to another Federal 
program. 
‘‘(4) INTEREST IN REAL OR PERSONAL PROP-
ERTY.—For any broadband project carried out by an 
eligible recipient that is a public-private partnership 
or consortium, the Secretary shall require that title 
to any real or personal property acquired or im-
2059 
proved with grant funds, or if the recipient will not 
acquire title, another possessory interest acceptable 
to the Secretary, be vested in a public partner or eli-
gible nonprofit organization or association for the 
useful life of the project, after which title may be 
transferred to any member of the public-private 
partnership or consortium in accordance with regu-
lations promulgated by the Secretary. 
‘‘(5) 
PROCUREMENT.—Notwithstanding 
any 
other provision of law, no person or entity shall be 
disqualified from competing to provide goods or serv-
ices related to a broadband project on the basis that 
the person or entity participated in the development 
of the broadband project or in the drafting of speci-
fications, requirements, statements of work, or simi-
lar documents related to the goods or services to be 
provided. 
‘‘(6) BROADBAND PROJECT PROPERTY.— 
‘‘(A) IN
GENERAL.—The Secretary may 
permit a recipient of a grant for a broadband 
project to grant an option to acquire real or 
personal property (including contractual rights 
and intangible property) related to that project 
to a third party on such terms as the Secretary 
determines to be appropriate, subject to the
2060 
condition that the option may only be exercised 
after the Secretary releases the Federal interest 
in the property. 
‘‘(B) TREATMENT.—The grant or exercise 
of an option described in subparagraph (A) 
shall not constitute a redistribution of grant 
funds under section 217. 
‘‘(c) NON-FEDERAL SHARE.—In determining the 
amount of the non-Federal share of the cost of a 
broadband project, the Secretary may provide credit to-
ward the non-Federal share for the present value of allow-
able contributions over the useful life of the broadband 
project, subject to the condition that the Secretary may 
require such assurances of the value of the rights and of 
the commitment of the rights as the Secretary determines 
to be appropriate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Public Works and Economic Devel-
opment Act of 1965 (42 U.S.C. 3121 note; Public Law 
89–136) is amended by inserting after the item relating 
to section 218 the following: 
‘‘Sec. 219. High-speed broadband deployment initiative.’’.
2061 
TITLE LIV—FINANCIAL 
SERVICES MATTERS 
Subtitle A—In General 
SEC. 5401. SERVICES THAT OPEN PORTALS TO DIRTY 
MONEY ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Establishing New Authorities for Businesses Laundering 
and 
Enabling 
Risks 
to 
Security 
Act’’ 
and 
the 
‘‘ENABLERS Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) Kleptocrats and other corrupt actors across 
the world are increasingly relying on non-bank pro-
fessional service providers, including non-bank pro-
fessional service providers operating in the United 
States, to move, hide, and grow their ill-gotten 
gains. 
(2) In 2003, the Financial Action Task Force, 
an intergovernmental body formed by the United 
States and other major industrial nations, deter-
mined that designated non-financial businesses and 
professions should be subject to the same anti-money 
laundering and counter-terrorist financing rules and 
regulations as financial institutions, including the re-
quirement to know your customer or client and to 
perform due diligence, as well as to file suspicious
2062 
transaction reports, referred to as suspicious activity 
reports or ‘‘SARs’’ in the United States. 
(3) In October 2021, the ‘‘Pandora Papers’’, 
the largest expose´ of global financial data in history, 
revealed to a global audience how the United States 
plays host to a highly specialized group of 
‘‘enablers’’ who help the world’s elite move, hide, 
and grow their money. 
(4) The Pandora Papers described how an ad-
viser to the former Prime Minister of Malaysia re-
portedly used affiliates of a United States law firm 
to assemble and consult a network of companies, de-
spite the adviser fitting the ‘‘textbook definition’’ of 
a high-risk client. The adviser went on to use his 
companies to help steal $4.5 billion from Malaysia’s 
public investment fund in one of ‘‘the world’s big-
gest-ever financial frauds’’, known as 1MDB. 
(5) Russian oligarchs have used gatekeepers to 
move their money into the United States. For exam-
ple, a gatekeeper formed a company in Delaware 
that reportedly owns a $15 million mansion in 
Washington, D.C., that is linked to one of Vladimir 
Putin’s closest allies. Also, reportedly connected to 
the oligarch is a $14 million townhouse in New York 
City owned by a separate Delaware company.
2063 
(6) The Pandora Papers uncovered over 200 
United States-based trusts across 15 States that 
held assets of over $1 billion, ‘‘including nearly 30 
trusts that held assets linked to people or companies 
accused of fraud, bribery, or human rights abuses’’. 
In particular, South Dakota, Nevada, Delaware, 
Florida, Wyoming, and New Hampshire have 
emerged as global hotspots for those seeking to hide 
their assets and minimize their tax burdens. 
(7) In 2016, an investigator with the non-profit 
organization Global Witness posed as an adviser to 
a corrupt African official and set up meetings with 
13 New York City law firms to discuss how to move 
suspect funds into the United States. Lawyers from 
all but one of the firms provided advice to the faux 
adviser, including advice on how to utilize anony-
mous companies to obscure the true owner of the as-
sets. Other suggestions included naming the lawyer 
as a trustee of an offshore trust in order to open a 
bank account, and using the law firm’s escrow ac-
count to receive payments. 
(8) The autocratic Prime Minister of Iraqi 
Kurdistan, reportedly known for torturing and kill-
ing journalists and critics, allegedly purchased a re-
tail store valued at over $18 million in Miami, Flor-
2064 
ida, with the assistance of a Pennsylvania-based law 
firm. 
(9) Teodoro Obiang, the vice president of Equa-
torial Guinea and son of the country’s authoritarian 
president, embezzled millions of dollars from his 
home country, which was then used to purchase lux-
ury assets in the United States. Obiang relied on the 
assistance of two American lawyers to move millions 
of dollars of suspect funds through U.S. banks. The 
lawyers incorporated five shell companies in Cali-
fornia and opened bank accounts associated with the 
companies for Obiang’s personal use. The suspect 
funds were first wired to the lawyers’ attorney-client 
and firm accounts, then transferred to the accounts 
of the shell companies. 
(10) An American consulting company report-
edly made millions of dollars working for companies 
owned or partly owned by Isabel dos Santos, the eld-
est child of a former President of Angola. This in-
cluded working with Angola’s state oil company 
when it was run by Isabel dos Santos and helping 
to ‘‘run a failing jewelry business acquired with An-
golan money’’. In 2021, a Dutch tribunal found that 
Isabel dos Santos and her husband obtained a $500
2065 
million stake in the oil company through ‘‘grand cor-
ruption’’. 
(11) In December 2021, the United States Gov-
ernment issued a first-ever ‘‘United States Strategy 
on Countering Corruption’’, that includes ‘‘Curbing 
Illicit Finance’’ as a strategic pillar. An express line 
of effort to advance this strategic pillar states that: 
‘‘Deficiencies in the U.S. regulatory framework 
mean various professionals and service providers— 
including lawyers, accountants, trust and company 
service providers, incorporators, and others willing to 
be hired as registered agents or who act as nominees 
to open and move funds through bank accounts—are 
not required to understand the nature or source of 
income of their clients or prospective clients. . .While 
U.S. law enforcement has increased its focus on 
such facilitators, it is both difficult to prove ‘intent 
and knowledge’ that a facilitator was dealing with il-
licit funds or bad actors, or that they should have 
known the same. Cognizant of such constraints, the 
Administration will consider additional authorities to 
cover key gatekeepers, working with the Congress as 
necessary to secure additional authorities’’. 
(12) This section provides the authorities need-
ed to require that professional service providers who
2066 
serve as key gatekeepers to the U.S. financial system 
adopt anti-money laundering procedures that can 
help detect and prevent the laundering of corrupt 
and other criminal funds into the United States. Ab-
sent such authorities, the United States Government 
will be unable to adequately protect the U.S. finan-
cial system, identify funds and assets that are the 
proceeds of corruption, or support foreign states in 
their efforts to combat corruption and promote good 
governance. 
(c) REQUIREMENTS FOR GATEKEEPERS.— 
(1) IN GENERAL.—Section 5312(a)(2) of title 
31, United States Code, as amended by the William 
M. (Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021, is amended— 
(A) by redesignating subparagraphs (Z) 
and (AA) as subparagraphs (AA) and (BB), re-
spectively; and 
(B) by inserting after subparagraph (Y) 
the following: 
‘‘(Z) any person, excluding any govern-
mental entity, employee, or agent, who engages 
in any activity which the Secretary determines, 
by regulation pursuant to section 5337(a), to be
2067 
the provision, with or without compensation, 
of— 
‘‘(i) corporate or other legal entity ar-
rangement, association, or formation serv-
ices; 
‘‘(ii) trust services; 
‘‘(iii) third party payment services; or 
‘‘(iv) legal or accounting services 
that— 
‘‘(I) involve financial activities 
that facilitate— 
‘‘(aa) corporate or other 
legal entity arrangement, associa-
tion, or formation services; 
‘‘(bb) trust services; or 
‘‘(cc) third party payment 
services; and 
‘‘(II) are not direct payments or 
compensation for civil or criminal de-
fense matters.’’. 
(2) REQUIREMENTS FOR GATEKEEPERS.—Sub-
chapter II of chapter 53 of subtitle IV of title 31, 
United States Code, is amended by adding at the 
end the following:
2068 
‘‘§ 5337. Requirements for gatekeepers. 
‘‘(a) IN GENERAL.— 
‘‘(1) IN
GENERAL.—The Secretary shall, not 
later than 1 year after the date of the enactment 
this section, issue a rule to— 
‘‘(A) determine what persons fall within 
the class of persons described in section 
5312(a)(2)(Z); and 
‘‘(B) prescribe appropriate requirements 
for such persons. 
‘‘(2) SENSE OF THE CONGRESS.—It is the sense 
of the Congress that when issuing a rule to deter-
mine what persons fall within the class of persons 
described in section 5312(a)(2)(Z), the Secretary 
shall design such rule— 
‘‘(A) to minimizes burden of such rule and 
maximizes the intended outcome of such rule, 
as determined by the Secretary; and 
‘‘(B) avoid applying additional require-
ments for persons that may fall within the class 
of persons described in section 5312(a)(2)(Z) 
but whom are already, as determined by the 
Secretary, appropriately regulated under section 
5312. 
‘‘(3) IDENTIFICATION OF PERSONS.—When de-
termining what persons fall within the class of per-
2069 
sons described in section 5312(a)(2)(Z) the Sec-
retary of the Treasury shall include— 
‘‘(A) any person involved in— 
‘‘(i) the formation or registration of a 
corporation, 
limited 
liability 
company, 
trust, foundation, limited liability partner-
ship, partnership, or other similar entity; 
‘‘(ii) the acquisition or disposition of 
an interest in a corporation, limited liabil-
ity company, trust, foundation, limited li-
ability partnership, partnership, or other 
similar entity; 
‘‘(iii) providing a registered office, ad-
dress or accommodation, correspondence or 
administrative address for a corporation, 
limited liability company, trust, foundation, 
limited liability partnership, partnership, 
or other similar entity; 
‘‘(iv) acting as, or arranging for an-
other person to act as, a nominee share-
holder for another person; 
‘‘(v) the managing, advising, or con-
sulting with respect to money or other as-
sets; 
‘‘(vi) the processing of payments;
2070 
‘‘(vii) the provision of cash vault serv-
ices; 
‘‘(viii) the wiring of money; 
‘‘(ix) the exchange of foreign cur-
rency, digital currency, or digital assets; or 
‘‘(x) the sourcing, pooling, organiza-
tion, or management of capital in associa-
tion with the formation, operation, or man-
agement of, or investment in, a corpora-
tion, limited liability company, trust, foun-
dation, limited liability partnership, part-
nership, or other similar entity; 
‘‘(B) any person who, in connection with 
filing any return, directly or indirectly, on be-
half of a foreign individual, trust or fiduciary 
with respect to direct or indirect, United States 
investment, transaction, trade or business, or 
similar activities— 
‘‘(i) obtains or uses a preparer tax 
identification number; or 
‘‘(ii) would be required to use or ob-
tain a preparer tax identification number, 
if such person were compensated for serv-
ices rendered;
2071 
‘‘(C) any person acting as, or arranging 
for another person to act as, a registered agent, 
trustee, director, secretary, partner of a com-
pany, a partner of a partnership, or similar po-
sition in relation to a corporation, limited liabil-
ity company, trust, foundation, limited liability 
partnership, partnership, or other similar enti-
ty; and 
‘‘(D) any person, wherever organized or 
doing business, that is— 
‘‘(i) owned or controlled by a person 
described in subparagraphs (A), (B), or 
(C); 
‘‘(ii) acts as an agent of a person de-
scribed in subparagraphs (A), (B), or (C); 
or 
‘‘(iii) is an instrumentality of a person 
described in subparagraphs (A), (B), or 
(C). 
‘‘(b) REQUIREMENTS.—The Secretary shall require 
persons described in section 5312(a)(3) to do 1 or more 
of the following— 
‘‘(1) identify and verify account holders and 
functional equivalents as described in section 
5318(l), including by establishing and maintaining
2072 
written procedures that are reasonably designed to 
enable the person to identify and verify beneficial 
owners (as such term is defined in section 5336(a)) 
of clients; 
‘‘(2) maintain appropriate procedures, including 
the collection and reporting of such information as 
the Secretary may prescribe by regulation, to ensure 
compliance with this subchapter and regulations pre-
scribed thereunder or to guard against corruption, 
money laundering, the financing of terrorism, or 
other forms of illicit finance; 
‘‘(3) establish anti-money laundering programs 
as described in section 5318(h); 
‘‘(4) report suspicious transactions as described 
in section 5318(g)(1); and 
‘‘(5) establish due diligence policies, procedures, 
and controls as described in section 5318(i). 
‘‘(c) LIMITATION ON EXEMPTIONS.—The Secretary 
may not delay the application of any requirement de-
scribed in this subchapter for any person described in sec-
tion 5312(a)(2)(Z) or section 5337(a)(3). 
‘‘(d) EXTRATERRITORIAL JURISDICTION.—Any per-
son described in section 5312(a)(2)(Z) shall be subject to 
extraterritorial Federal jurisdiction with respect to the re-
quirements of this subtitle.
2073 
‘‘(e) ENFORCEMENT.— 
‘‘(1) RANDOM AUDITS.—Beginning on the date 
that is 1 year after the date that the Secretary 
issues a rule to determine what persons fall within 
the 
class 
of 
persons 
described 
in 
section 
5312(a)(2)(Z), and on an ongoing basis thereafter, 
the Secretary shall conduct random audits of per-
sons that fall within the class of persons described 
in section 5312(a)(2)(Z), in a manner that the Sec-
retary determines appropriate, to access compliance 
with this section. 
‘‘(2) REPORTS.—The Secretary shall, not later 
than 180 days after the conclusion of any calendar 
year that begins after the date that is 1 year after 
the date that the Secretary issues a rule pursuant 
to section 5337(a), submit a report to the Com-
mittee on Financial Services of the House of Rep-
resentatives and the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate that— 
‘‘(A) describes the results of any random 
audits conducted pursuant to paragraph (1) 
during such calendar year; and 
‘‘(B) includes recommendations for improv-
ing the effectiveness of the requirements im-
2074 
posed under this section on persons described in 
section 5312(a)(2)(Z).’’. 
(3) EFFECTIVE DATE.—This section and the 
amendments made by this section shall take effect 
on the date that the Secretary of the Treasury 
issues a rule pursuant to section 5537 of title 31 of 
the United States Code, as added by this section. 
(4) CONFORMING AMENDMENT.—The table of 
sections in chapter 53 of subtitle IV of title 31, 
United States Code, is amended by inserting after 
the item relating to section 5336 the following: 
‘‘5337. Requirements for gatekeepers.’’. 
(5) USE OF TECHNOLOGY TO INCREASE EFFI-
CIENCY AND ACCURACY OF INFORMATION.— 
(A) IN GENERAL.—The Secretary of the 
Treasury, acting through the Director of the 
Financial Crimes Enforcement Network, shall 
promote the integrity and timely, efficient col-
lection of information by persons described in 
section 5312(a)(2)(Z) of title 31, United States 
Code by exploring the use of technologies to— 
(i) effectuate the collection, standard-
ization, transmission, and sharing of such 
information as required under section 5337 
of title 31, United States Code; and
2075 
(ii) minimize the burdens associated 
with the collection, standardization, trans-
mission, and sharing of such information 
as required under section 5337 of title 31, 
United States Code. 
(B) REPORT.—Not later than 3 years after 
the date of the enactment of this subsection, 
the Director of the Financial Crimes Enforce-
ment Network shall submit a report to Com-
mittee on Financial Services of the House of 
Representatives and the Committee on Bank-
ing, Housing, and Urban Affairs of the Senate 
that— 
(i) describes any findings of the Di-
rector of the Financial Crimes Enforce-
ment with respect to technologies that may 
effectuate the collection, standardization, 
transmission, and sharing of such informa-
tion as required under section 5337 of title 
31, United States Code; and 
(ii) makes recommendations for imple-
menting such technologies. 
(d) GATEKEEPERS STRATEGY.—Section 262 of the 
Countering America’s Adversaries Through Sanctions Act
2076 
is amended by inserting after paragraph (10) the fol-
lowing: 
‘‘(11) GATEKEEPER STRATEGY.— 
‘‘(A) IN GENERAL.—A description of ef-
forts to impose sufficient anti-money laundering 
safeguards on types of persons who serve as 
gatekeepers. 
‘‘(B) UPDATE.—If the updates to the na-
tional strategy required under section 261 have 
been submitted to appropriate congressional 
committees before the date of the enactment of 
this paragraph, the President shall submit to 
the appropriate congressional committees an 
additional update to the national strategy with 
respect to the addition of this paragraph not 
later than 1 year after the date of the enact-
ment of this paragraph.’’. 
(e) AGENCY COORDINATION AND COLLABORATION.— 
The Secretary of the Treasury shall, to the greatest extent 
practicable— 
(1) establish relationships with State, local, ter-
ritorial, and Tribal governmental agencies; and 
(2) work collaboratively with such governmental 
agencies to implement and enforce the regulations
2077 
prescribed under this section and the amendments 
made by this section, by— 
(A) using the domestic liaisons established 
in section 310(f) of title 31, United States 
Code, to share information regarding changes 
effectuated by this section; 
(B) using the domestic liaisons established 
in section 310(f) of title 31, United States 
Code, to advise on necessary revisions to State, 
local, territorial, and Tribal standards with re-
spect to relevant professional licensure; 
(C) engaging with various gatekeepers as 
appropriate, including with respect to informa-
tion sharing and data sharing; and 
(D) working with State, local, territorial, 
and Tribal governmental agencies to levy pro-
fessional sanctions on persons who facilitate 
corruption, money laundering, the financing of 
terrorist activities, and other related crimes. 
(f) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise available for such purposes, 
there are authorized to be appropriated to the Secretary 
of 
the 
Treasury, 
without 
fiscal 
year 
limitation, 
$53,300,000 to remain available until expended, exclu-
2078 
sively for the purpose of carrying out this section and the 
amendments made by the Act, including for— 
(1) the hiring of personnel; 
(2) the exploration and adoption of information 
technology to effectively support enforcement activi-
ties or activities described in subsection (c) of this 
section and the amendments made by such sub-
section; 
(3) audit, investigatory, and review activities, 
including those described in subsection (c) of this 
section and the amendments made by such sub-
section; 
(4) agency coordination and collaboration ef-
forts and activities described in subsection (e) of this 
section; 
(5) for voluntary compliance programs; 
(6) for conducting the report in subsection 
(c)(5) of this section; and 
(7) for allocating amounts to the State, local, 
territorial, and Tribal jurisdictions to pay reasonable 
costs relating to compliance with or enforcement of 
the requirements of this section. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to be limited or impeded by any 
obligations under State, local, territorial, or Tribal laws
2079 
or rules concerning privilege, ethics, confidentiality, pri-
vacy, or related matters. 
SEC. 5402. REVIEW OF CYBER-RELATED MATTERS AT THE 
DEPARTMENT OF THE TREASURY. 
(a) IN GENERAL.—No later than 270 days after the 
date of enactment of this Act, the Secretary of the Treas-
ury shall complete a comprehensive review of the Depart-
ment of the Treasury’s efforts dedicated to enhancing cy-
bersecurity capability, readiness, and resilience of the fi-
nancial services sector, specifically as it relates to— 
(1) Treasury’s role as the sector risk manage-
ment agency for the financial services sector, as de-
fined by section 9002 of the William M. (Mac) 
Thornberry National Defense Authorization Act for 
Fiscal Year 2021; and 
(2) integration of operational resilience and cy-
bersecurity for the financial services sector across 
the Department of the Treasury. 
(b) ELEMENTS.—The review required under sub-
section (a) shall include the following elements and consid-
erations: 
(1) A comprehensive review of the components 
and offices within the Departmental Offices of the 
Department of the Treasury involved in efforts spec-
ified in subsection (a).
2080 
(2) A review of activities by the Department of 
the Treasury involved in efforts specified in sub-
section (a). 
(3) An assessment of the how each activity 
identified in this subsection connects to the National 
Security Strategy and other related documents of 
the Executive Branch. 
(4) An assessment of the Department of the 
Treasury’s ability to discharge fully its duties speci-
fied in subsection (a) and identify any areas where 
it may need additional resources, legislation or au-
thority. 
(5) An evaluation of the partnerships with other 
executive branch departments and agencies to sup-
port efforts specified in subsection (a). 
(6) An evaluation of support to and from the 
Financial and Banking Information Infrastructure 
Committee, and its member agencies to enhance ef-
forts specified in subsection (a). 
(7) A five-year plan for the Department of the 
Treasury that defines an objectives and goals related 
to the efforts specified in subsection (a). 
(c) SUBMISSION TO CONGRESS.—No later than 30 
days after the completion of the review specified under 
subsection (a), the Secretary of the Treasury shall trans-
2081 
mit the review to Committee on Financial Services of the 
House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 
(d) ANNUAL UPDATE.—No later than February 1st 
of each year after the submission of the review until 2028, 
the Secretary shall provide an update on progress made 
in the preceding year in relation to the plan directed in 
subsection (b)(7) to the Committee on Financial Services 
of the House of Representatives and the Committee on 
Banking, Housing, and Urban Affairs of the Senate. 
SEC. 5403. STRENGTHENING AWARENESS OF SANCTIONS. 
Section 312 of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(i) OFAC EXCHANGE.— 
‘‘(1) ESTABLISHMENT.—The OFAC Exchange 
is hereby established within OFAC. 
‘‘(2) PURPOSE.—The OFAC Exchange shall fa-
cilitate a voluntary public-private information shar-
ing partnership among law enforcement agencies, 
national security agencies, financial institutions, and 
OFAC to— 
‘‘(A) effectively and efficiently administer 
and enforce economic and trade sanctions 
against targeted foreign countries and regimes, 
terrorists, international narcotics traffickers,
2082 
those engaged in activities related to the pro-
liferation of weapons of mass destruction, and 
other threats to the national security, foreign 
policy, or economy of the United States by pro-
moting innovation and technical advances in re-
porting— 
‘‘(i) under subchapter II of chapter 53 
and the regulations promulgated under 
that subchapter; and 
‘‘(ii) with respect to other economic 
and trade sanctions requirements; 
‘‘(B) protect the financial system from il-
licit use, including evasions of existing economic 
and trade sanctions programs; and 
‘‘(C) facilitate two-way information ex-
change between OFAC and persons who are re-
quired to comply with sanctions administered 
and enforced by OFAC, including financial in-
stitutions, business sectors frequently affected 
by sanctions programs, and non-government or-
ganizations and humanitarian groups impacted 
by such sanctions programs. 
‘‘(3) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subsection,
2083 
and once every 2 years thereafter for the next 
5 years, the Secretary of the Treasury shall 
submit to the Committees on Banking, Hous-
ing, and Urban Affairs and Foreign Relations 
of the Senate and the Committees on Financial 
Services and Foreign Affairs of the House of 
Representatives a report containing— 
‘‘(i) an analysis of the efforts under-
taken by the OFAC Exchange, which shall 
include an analysis of— 
‘‘(I) the results of those efforts; 
and 
‘‘(II) the extent and effectiveness 
of those efforts, including the extent 
and effectiveness of communication 
between OFAC and persons who are 
required to comply with sanctions ad-
ministered and enforced by OFAC; 
‘‘(ii) recommendations to improve effi-
ciency and effectiveness of targeting, com-
pliance, enforcement, and licensing activi-
ties undertaken by OFAC; and 
‘‘(iii) any legislative, administrative, 
or other recommendations the Secretary
2084 
may have to strengthen the efforts of the 
OFAC Exchange. 
‘‘(B) CLASSIFIED
ANNEX.—Each report 
under subparagraph (A) may include a classi-
fied annex. 
‘‘(4) INFORMATION SHARING REQUIREMENT.— 
Information shared under this subsection shall be 
shared— 
‘‘(A) in compliance with all other applica-
ble Federal laws and regulations; 
‘‘(B) in such a manner as to ensure the 
appropriate confidentiality of personal informa-
tion; and 
‘‘(C) at the discretion of the Director, with 
the appropriate Federal functional regulator, as 
defined in section 6003 of the Anti-Money 
Laundering Act of 2020. 
‘‘(5) PROTECTION OF SHARED INFORMATION.— 
‘‘(A) REGULATIONS.—OFAC shall, as ap-
propriate, promulgate regulations that establish 
procedures for the protection of information 
shared and exchanged between OFAC and the 
private sector in accordance with this section, 
consistent with the capacity, size, and nature of
2085 
the financial institution to which the particular 
procedures apply. 
‘‘(B) USE OF INFORMATION.—Information 
received by a financial institution pursuant to 
this section shall not be used for any purpose 
other than identifying and reporting on activi-
ties that may involve the financing of terrorism, 
proliferation financing, narcotics trafficking, or 
financing of sanctioned countries, regimes, or 
persons. 
‘‘(6) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to create new in-
formation sharing authorities or requirements relat-
ing to the Bank Secrecy Act.’’. 
SEC. 5404. BRIEFING ON CHINESE SUPPORT FOR AFGHAN 
ILLICIT FINANCE. 
(a) REQUIREMENT.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Treasury shall brief the Committee on Financial Services 
and the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Banking, Housing, 
and Urban Affairs and the Committee on Foreign Rela-
tions of the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate on the fi-
2086 
nancial activities of China and Chinese entities in connec-
tion with the finances of Afghanistan and the Taliban. 
(b) MATTERS INCLUDED.—The briefing under sub-
section (a) shall include the following: 
(1) An assessment of the activities undertaken 
by the People’s Republic of China and Chinese-reg-
istered companies to support illicit financial net-
works in Afghanistan, particularly such networks in-
volved in narcotics trafficking, illicit financial trans-
actions, official corruption, natural resources exploi-
tation, and terrorist networks. 
(2) An assessment of financial, commercial, and 
economic activities undertaken by China and Chi-
nese companies in Afghanistan, including the licit 
and illicit extraction of critical minerals, to support 
Chinese policies counter to American strategic inter-
ests. 
(3) Information relating to the impacts of exist-
ing United States and multilateral laws, regulations, 
and sanctions, including environmental and public 
health impacts of natural resources exploitation. 
(4) Any recommendations to Congress regard-
ing legislative or regulatory improvements necessary 
to support the identification and disruption of Chi-
2087 
nese-supported illicit financial networks in Afghani-
stan. 
SEC. 5405. SUPPORT FOR INTERNATIONAL INITIATIVES TO 
PROVIDE DEBT RESTRUCTURING OR RELIEF 
TO 
DEVELOPING 
COUNTRIES 
WITH 
UNSUSTAINABLE LEVELS OF DEBT. 
(a) IN GENERAL.—Title XVI of the International Fi-
nancial Institutions Act (22 U.S.C. 262p et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 1632. SUPPORT FOR INTERNATIONAL INITIATIVES TO 
PROVIDE DEBT RESTRUCTURING OR RELIEF 
TO 
DEVELOPING 
COUNTRIES 
WITH 
UNSUSTAINABLE LEVELS OF DEBT. 
‘‘(a) DEBT RELIEF.—The Secretary of the Treasury, 
in consultation with the Secretary of State, shall— 
‘‘(1) engage with international financial institu-
tions, the G20, and official and commercial creditors 
to advance support for prompt and effective imple-
mentation and improvement of the Common Frame-
work for Debt Treatments beyond the DSSI (in this 
section referred to as the ‘Common Framework’), or 
any successor framework or similar coordinated 
international debt treatment process in which the 
United States participates through the establishment 
and publication of clear and accountable—
2088 
‘‘(A) debt treatment benchmarks designed 
to achieve debt sustainability for each partici-
pating debtor; 
‘‘(B) standards for appropriate burden- 
sharing among all creditors with material 
claims on each participating debtor, without re-
gard for their official, private, or hybrid status; 
‘‘(C) robust debt disclosure by creditors, 
including the People’s Republic of China, and 
debtor countries, including inter-creditor data- 
sharing and, to the maximum extent prac-
ticable, public disclosure of material terms and 
conditions of claims on participating debtors; 
‘‘(D) expansion of Common Framework 
country eligibility to lower middle-income coun-
tries who otherwise meet the existing criteria; 
‘‘(E) 
improvements 
to 
the 
Common 
Framework process with the aim of ensuring 
access to debt relief in a timely manner for 
those countries eligible and who request treat-
ment; and 
‘‘(F) consistent enforcement and improve-
ment of the policies of multilateral institutions 
relating to asset-based and revenue-based bor-
rowing by participating debtors, and coordi-
2089 
nated standards on restructuring collateralized 
debt; 
‘‘(2) engage with international financial institu-
tions and official and commercial creditors to ad-
vance support, as the Secretary finds appropriate, 
for debt restructuring or debt relief for each partici-
pating debtor, including, on a case-by-case basis, a 
debt standstill, if requested by the debtor country 
through the Common Framework process from the 
time of conclusion of a staff-level agreement with the 
International Monetary Fund, and until the conclu-
sion of a memorandum of understanding with its 
creditor committee pursuant to the Common Frame-
work, or any successor framework or similar coordi-
nated international debt treatment process in which 
the United States participates; and 
‘‘(3) instruct the United States Executive Di-
rector at the International Monetary Fund and the 
United States Executive Director at the World Bank 
to use the voice and vote of the United States to ad-
vance the efforts described in paragraphs (1) and 
(2). 
‘‘(b) REPORTING REQUIREMENT.—Not later than 
120 days after the date of the enactment of this section, 
and annually thereafter, the Secretary of the Treasury, in
2090 
coordination with the Secretary of State, shall submit to 
the Committees on Banking, Housing, and Urban Affairs 
and Foreign Relations of the Senate and the Committees 
on Financial Services and Foreign Affairs of the House 
of Representatives a report that describes— 
‘‘(1) any actions that have been taken, in co-
ordination with international financial institutions, 
by official creditors, including the government of, 
and state-owned enterprises in, the People’s Repub-
lic of China, and relevant commercial creditor 
groups to advance debt restructuring or relief for 
countries with unsustainable debt that have sought 
restructuring or relief under the Common Frame-
work, any successor framework or mechanism, or 
under any other coordinated international arrange-
ment for sovereign debt restructuring in which the 
United States participates; 
‘‘(2) any implementation challenges that hinder 
the ability of the Common Framework to provide 
timely debt restructuring for any country with 
unsustainable debt that seeks debt restructuring or 
debt payment relief, including any refusal of a cred-
itor to participate in appropriate burden-sharing, in-
cluding failure to share (or publish, as appropriate)
2091 
all material information needed to assess debt sus-
tainability; and 
‘‘(3) recommendations on how to address any 
challenges identified in paragraph (2).’’. 
(b) SUNSET.—The amendment made by subsection 
(a) is repealed effective on the date that is 5 years after 
the effective date of this section. 
SEC. 5406. PAYMENT CHOICE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that every consumer has the right to use cash at 
retail businesses who accept in-person payments. 
(b) RETAIL BUSINESSES PROHIBITED FROM REFUS-
ING CASH PAYMENTS.— 
(1) IN GENERAL.—Subchapter I of chapter 51 
of title 31, United States Code, is amended by add-
ing at the end the following: 
‘‘§ 5104. Retail businesses prohibited from refusing 
cash payments 
‘‘(a) IN GENERAL.—Any person engaged in the busi-
ness of selling or offering goods or services at retail to 
the public with a person accepting in-person payments at 
a physical location (including a person accepting payments 
for telephone, mail, or internet-based transactions who is 
accepting in-person payments at a physical location)—
2092 
‘‘(1) shall accept cash as a form of payment for 
sales of less than $2,000 (or, for loan payments, 
payments made on a loan with an original principal 
amount of less than $2,000) made at such physical 
location; and 
‘‘(2) may not charge cash-paying customers a 
higher price compared to the price charged to cus-
tomers not paying with cash. 
‘‘(b) EXCEPTIONS.— 
‘‘(1) IN
GENERAL.—Subsection (a) shall not 
apply to a person if such person— 
‘‘(A) is unable to accept cash because of— 
‘‘(i) a sale system failure that tempo-
rarily prevents the processing of cash pay-
ments; or 
‘‘(ii) a temporary insufficiency in cash 
on hand needed to provide change; or 
‘‘(B) provides customers with the means, 
on the premises, to convert cash into a card 
that is either a general-use prepaid card, a gift 
card, or an access device for electronic fund 
transfers for which— 
‘‘(i) there is no fee for the use of the 
card;
2093 
‘‘(ii) there is not a minimum deposit 
amount greater than 1 dollar; 
‘‘(iii) amounts loaded on the card do 
not expire, except as permitted under para-
graph (2); 
‘‘(iv) there is no collection of any per-
sonal identifying information from the cus-
tomer; 
‘‘(v) there is no fee to use the card; 
and 
‘‘(vi) there may be a limit to the num-
ber of transactions. 
‘‘(2) INACTIVITY.—A person seeking exception 
from subsection (a) may charge an inactivity fee in 
association with a card offered by such person if— 
‘‘(A) there has been no activity with re-
spect to the card during the 12-month period 
ending on the date on which the inactivity fee 
is imposed; 
‘‘(B) not more than 1 inactivity fee is im-
posed in any 1-month period; and 
‘‘(C) it is clearly and conspicuously stated, 
on the face of the mechanism that issues the 
card and on the card—
2094 
‘‘(i) that an inactivity fee or charge 
may be imposed; 
‘‘(ii) the frequency at which such inac-
tivity fee may be imposed; and 
‘‘(iii) the amount of such inactivity 
fee. 
‘‘(c) RIGHT TO NOT ACCEPT LARGE BILLS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), for the 5-year period beginning on the date of 
enactment of this section, this section shall not re-
quire a person to accept cash payments in $50 bills 
or any larger bill. 
‘‘(2) RULEMAKING.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury, in this section referred to as the Sec-
retary, shall issue a rule on the date that is 5 
years after the date of the enactment of this 
section with respect to any bills a person is not 
required to accept. 
‘‘(B) REQUIREMENT.—When issuing a rule 
under subparagraph (A), the Secretary shall re-
quire persons to accept $1, $5, $10, $20, and 
$50 bills. 
‘‘(d) ENFORCEMENT.—
2095 
‘‘(1) PREVENTATIVE
RELIEF.—Whenever any 
person has engaged, or there are reasonable grounds 
to believe that any person is about to engage, in any 
act or practice prohibited by this section, a civil ac-
tion for preventive relief, including an application for 
a permanent or temporary injunction, restraining 
order, or other order may be brought against such 
person. 
‘‘(2) CIVIL PENALTIES.—Any person who vio-
lates this section shall— 
‘‘(A) be liable for actual damages; 
‘‘(B) be fined not more than $2,500 for a 
first offense; and 
‘‘(C) be fined not more than $5,000 for a 
second or subsequent offense. 
‘‘(3) JURISDICTION.—An action under this sec-
tion may be brought in any United States district 
court, or in any other court of competent jurisdic-
tion. 
‘‘(4) INTERVENTION OF ATTORNEY GENERAL.— 
Upon timely application, a court may, in its discre-
tion, permit the Attorney General to intervene in a 
civil action brought under this subsection, if the At-
torney General certifies that the action is of general 
public importance.
2096 
‘‘(5) AUTHORITY TO APPOINT COURT-PAID AT-
TORNEY.—Upon application by an individual and in 
such circumstances as the court may determine just, 
the court may appoint an attorney for such indi-
vidual and may authorize the commencement of a 
civil action under this subsection without the pay-
ment of fees, costs, or security. 
‘‘(6) ATTORNEY’S FEES.—In any action com-
menced pursuant to this section, the court, in its 
discretion, may allow the prevailing party, other 
than the United States, a reasonable attorney’s fee 
as part of the costs, and the United States shall be 
liable for costs the same as a private person. 
‘‘(7) REQUIREMENTS IN CERTAIN STATES AND 
LOCAL AREAS.—In the case of an alleged act or 
practice prohibited by this section which occurs in a 
State, or political subdivision of a State, which has 
a State or local law prohibiting such act or practice 
and establishing or authorizing a State or local au-
thority to grant or seek relief from such act or prac-
tice or to institute criminal proceedings with respect 
thereto upon receiving notice thereof, no civil action 
may be brought hereunder before the expiration of 
30 days after written notice of such alleged act or 
practice has been given to the appropriate State or
2097 
local authority by registered mail or in person, pro-
vided that the court may stay proceedings in such 
civil action pending the termination of State or local 
enforcement proceedings. 
‘‘(e) GREATER PROTECTION UNDER STATE LAW.— 
This section shall not preempt any law of a State, the Dis-
trict of Columbia, a Tribal government, or a territory of 
the United States if the protections that such law affords 
to consumers are greater than the protections provided 
under this section. 
‘‘(f) RULEMAKING.—The Secretary shall issue such 
rules as the Secretary determines are necessary to imple-
ment this section, which may prescribe additional excep-
tions to the application of the requirements described in 
subsection (a).’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for chapter 51 of title 31, United States Code, 
is amended by inserting after the item relating to 
section 5103 the following: 
‘‘5104. Retail businesses prohibited from refusing cash payments.’’. 
(3) RULE
OF
CONSTRUCTION.—The amend-
ments made by this section may not be construed to 
have any effect on section 5103 of title 31, United 
States Code. 
(c) DISCRETIONARY SURPLUS FUND.—
2098 
(1) IN GENERAL.—Subparagraph (A) of section 
7(a)(3) of the Federal Reserve Act (12 U.S.C. 
289(a)(3)(A)) is amended by reducing the dollar fig-
ure described in such subparagraph by $15,000,000. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on September 30, 
2022. 
SEC. 5407. DISCLOSURE REQUIREMENTS RELATING TO 
CHINA-BASED HEDGE FUNDS CAPITAL RAIS-
ING ACTIVITIES IN THE UNITED STATES 
THROUGH 
CERTAIN 
EXEMPTED 
TRANS-
ACTIONS. 
(a) AMENDMENT.—The Securities Exchange Act of 
1934 is amended by inserting after section 13A (15 U.S.C. 
78m–1) the following: 
‘‘SEC. 13B. DISCLOSURE REQUIREMENTS RELATING TO 
CERTAIN EXEMPTED TRANSACTIONS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, in the case of an issuer that is domiciled 
in the People’s Republic of China, including a China-based 
hedge fund or a China-based private equity fund, that con-
ducts a covered exempted transaction, such issuer shall 
provide to the Commission, at such time and in such man-
ner as the Commission may prescribe, the following: 
‘‘(1) The identity of the issuer.
2105 
(c) IMPLEMENTATION.—Not later than the expiration 
of the 240-day period beginning on the date of the enact-
ment of this Act, the Secretary of Housing and Urban 
Development shall issue a mortgagee letter or other guid-
ance that shall— 
(1) implement the amendments made by sub-
section (a) of this section; 
(2) clearly set forth all of the specific require-
ments under section 202(g)(5) of the National 
Housing Act (as amended by subsection (a) of this 
section) for approval to conduct appraisals under 
title II of such Act for mortgages for single-family 
housing, which shall include— 
(A) providing that the completion, prior to 
the effective date of such mortgagee letter or 
guidance, of training meeting the requirements 
under subparagraph (B) of such section 
202(g)(5) (as amended by subsection (a) of this 
section) shall be considered to fulfill the re-
quirement under such subparagraph; and 
(B) providing a method for appraisers to 
demonstrate such prior completion; and 
(3) take effect not later than the expiration of 
the 180-day period beginning upon issuance of such 
mortgagee letter or guidance.
2106 
SEC. 5410. CHINA FINANCIAL THREAT MITIGATION. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of the Treas-
ury, in consultation with the Chairman of the Board of 
Governors of the Federal Reserve System, the Chairman 
of the Securities and Exchange Commission, the Chair-
man of the Commodity Futures Trading Commission, and 
the Secretary of State, shall conduct a study and issue 
a report on the exposure of the United States to the finan-
cial sector of the People’s Republic of China that in-
cludes— 
(1) an assessment of the effects of reforms to 
the financial sector of the People’s Republic of 
China on the United States and global financial sys-
tems; 
(2) a description of the policies the United 
States Government is adopting to protect the inter-
ests of the United States while the financial sector 
of the People’s Republic of China undergoes such re-
forms; 
(3) a description and analysis of any risks to 
the financial stability of the United States and the 
global economy emanating from the People’s Repub-
lic of China; and 
(4) recommendations for additional actions the 
United States Government, including United States
2107 
representatives at relevant international organiza-
tions, should take to strengthen international co-
operation to monitor and mitigate such financial sta-
bility risks and protect United States interests. 
(b) TRANSMISSION OF REPORT.—The Secretary of 
the Treasury shall transmit the report required under sub-
section (a) not later than one year after the date of enact-
ment of this Act to the Committees on Financial Services 
and Foreign Affairs of the House of Representatives, the 
Committees on Banking, Housing, and Urban Affairs and 
Foreign Relations of the Senate, and to the United States 
representatives at relevant international organizations, as 
appropriate. 
(c) CLASSIFICATION.—The report required under 
subsection (a) shall be unclassified, but may contain a 
classified annex. 
(d) PUBLICATION OF REPORT.—The Secretary of the 
Treasury shall publish the report required under sub-
section (a) (other than any classified annex) on the 
website of the Department of the Treasury not later than 
one year after the date of enactment of this Act. 
SEC. 5411. REVIEW OF FHA SMALL-DOLLAR MORTGAGE 
PRACTICES. 
(a) CONGRESSIONAL FINDINGS.—The Congress finds 
that—
2185 
(3) MULTILATERAL FINANCIAL SUPPORT FOR 
UKRAINE.—The Secretary of the Treasury shall di-
rect the United States Executive Director at each 
international financial institution (as defined in sec-
tion 1701(c)(2) of the International Financial Insti-
tutions Act) to use the voice and vote of the United 
States to support, to the maximum extent prac-
ticable, the provision of concessional financial assist-
ance for Ukraine. 
(4) MULTILATERAL FINANCIAL SUPPORT FOR 
REFUGEES.—The Secretary of the Treasury shall di-
rect the United States Executive Director at each 
international financial institution (as defined in sec-
tion 1701(c)(2) of the International Financial Insti-
tutions Act) to use the voice and vote of the United 
States to seek to provide economic support for refu-
gees from Ukraine, including refugees of African de-
scent, and for countries receiving refugees from 
Ukraine. 
(b) REPORT TO THE CONGRESS.—Not later than De-
cember 31 of each year, the President shall— 
(1) submit to the Committees on Financial 
Services, on Appropriations, and on Foreign Affairs 
of the House of Representatives and the Committees 
on Foreign Relations and on Appropriations of the