117 S2226 ES: National Defense Authorization Act for Fiscal Year 2024 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

118th CONGRESS1st SessionS. 2226IN THE SENATE OF THE UNITED STATESAN ACTTo authorize appropriations for fiscal year 2024 for military activities of the Department of Defense for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2024.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Organization of Act into divisions; table of contents.Sec. 3. Congressional defense committees.Sec. 4. Budgetary effects of this Act.DIVISION A—Department of Defense authorizationsTITLE I—ProcurementSubtitle A—Authorization of appropriationsSec. 101. Authorization of appropriations.Subtitle B—Army programsSec. 111. Report on Army requirements and acquisition strategy for night vision devices.Sec. 112. Army plan for ensuring sources of cannon tubes.Sec. 113. Strategy for Army tactical wheeled vehicle program.Sec. 114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants.Sec. 115. Report on acquisition strategies of the logistics augmentation program of the Army.Subtitle C—Navy programsSec. 121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained.Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers.Sec. 123. Multiyear procurement authority for Virginia class submarine program.Sec. 124. Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms.Subtitle D—Air Force programsSec. 131. Limitations and minimum inventory requirement relating to RQ–4 aircraft.Sec. 132. Limitation on divestiture of T–1A training aircraft.Sec. 133. Modification to minimum inventory requirement for A–10 aircraft.Sec. 134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft.Sec. 135. Modification of limitation on divestment of F–15 aircraft.Sec. 136. Report on Air Force executive aircraft.Sec. 137. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft.Subtitle E—Defense-wide, joint, and multiservice mattersSec. 141. Pilot program to accelerate the procurement and fielding of innovative technologies.Sec. 142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense.Sec. 143. Report on contract for cybersecurity capabilities and briefing.TITLE II—Research, development, test, and evaluationSubtitle A—Authorization of appropriationsSec. 201. Authorization of appropriations.Subtitle B—Program requirements, restrictions, and limitationsSec. 211. Updated guidance on planning for exportability features for future programs.Sec. 212. Support to the Defence Innovation Accelerator for the North Atlantic.Sec. 213. Modification to personnel management authority to attract experts in science and engineering.Sec. 214. Administration of the Advanced Sensors Application Program.Sec. 215. Delegation of responsibility for certain research programs.Sec. 216. Program of standards and requirements for microelectronics.Sec. 217. Clarifying role of partnership intermediaries to promote defense research and education.Sec. 218. Competition for technology that detects and watermarks the use of generative artificial intelligence.Subtitle C—Plans, reports, and other mattersSec. 221. Department of Defense prize competitions for business systems modernization.Sec. 222. Update to plans and strategies for artificial intelligence.Sec. 223. Western regional range complex demonstration.Sec. 224. Report on feasibility and advisability of establishing a quantum computing innovation center.Sec. 225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use.Sec. 226. Annual report on Department of Defense hypersonic capability funding and investment.Sec. 227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System.Sec. 228. Annual report on unfunded priorities for research, development, test, and evaluation activities.Sec. 229. Establishment of technology transition program for strategic nuclear deterrence.Sec. 230. Review of artificial intelligence investment.TITLE III—Operation and MaintenanceSubtitle A—Authorization of AppropriationsSec. 301. Authorization of appropriations.Subtitle B—Energy and EnvironmentSec. 311. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter.Sec. 312. Improvement and codification of Sentinel Landscapes Partnership program authority.Sec. 313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel.Sec. 314. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California.Sec. 315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities.Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl SubstancesSec. 321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances.Sec. 322. Increase of transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.Sec. 323. Modification of authority for environmental restoration projects at National Guard facilities.Sec. 324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances.Sec. 325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances.Sec. 326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information.Sec. 327. Modification of timing of report on activities of PFAS Task Force.Sec. 328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances.Subtitle D—Logistics and SustainmentSec. 331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program.Sec. 332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization.Subtitle E—Briefings and ReportsSec. 341. Critical infrastructure conditions at military installations.Sec. 342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines.Sec. 343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy.Sec. 344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam.Subtitle F—Other MattersSec. 351. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School.Sec. 352. Restriction on retirement of U–28 Aircraft.Sec. 353. Tribal liaisons.Sec. 354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center.Sec. 355. Modifications to the Contested Logistics Working Group of the Department of Defense.Sec. 356. Establishment of Caisson Platoon to support military and State funeral services.Sec. 357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy.Sec. 358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities.Sec. 359. Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions.TITLE IV—Military personnel authorizationsSubtitle A—Active forcesSec. 401. End strengths for active forces.Sec. 402. End strength level matters.Sec. 403. Extension of additional authority to vary Space Force end strength.Subtitle B—Reserve forcesSec. 411. End strengths for Selected Reserve.Sec. 412. End strengths for Reserves on active duty in support of the Reserves.Sec. 413. End strengths for military technicians (dual status).Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.Subtitle C—Authorization of appropriationsSec. 421. Military personnel.TITLE V—Military personnel policySubtitle A—Officer personnel policy Sec. 501. Authorized strength: general and flag officers on active duty.Sec. 502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards.Sec. 503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths.Sec. 504. Updating authority to authorize promotion transfers between components of the same service or a different service.Sec. 505. Effect of failure of selection for promotion.Sec. 506. Permanent authority to order retired members to active duty in high-demand, low-density appointments.Sec. 507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers.Sec. 508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee.Sec. 509. Extension of authority to vary number of Space Force officers considered for promotion to major general.Sec. 510. Realignment of Navy spot-promotion quotas.Sec. 511. Modification of limitation on promotion selection board rates.Sec. 512. Time in grade requirements.Sec. 513. Flexibility in determining terms of appointment for certain senior officer positions.Subtitle B—Reserve component managementSec. 521. Alternative promotion authority for reserve officers in designated competitive categories.Sec. 522. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident.Sec. 523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands.Sec. 524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands.Sec. 525. Grade of Vice Chief of the National Guard Bureau.Subtitle C—General service authorities and military recordsSec. 531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level.Sec. 532. Non-medical counseling services for military families.Sec. 533. Primacy of needs of the service in determining individual duty assignments.Sec. 534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions.Sec. 535. Requirement to base treatment in the military on merit and performance.Sec. 536. Tiger team for outreach to former members.Sec. 537. Diversity, equity, and inclusion personnel grade cap.Subtitle D—Military justice and other legal mattersSec. 541. Establishment of staggered terms for members of the Military Justice Review Panel.Sec. 542. Technical and conforming amendments to the Uniform Code of Military Justice.Sec. 543. Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation.Subtitle E—Member Education, Training, TransitionSec. 551. Future servicemember preparatory course.Sec. 552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships.Sec. 553. Military service academy professional sports pathway report and legislative proposal required.Sec. 554. Community college Enlisted Training Corps demonstration program.Sec. 555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense.Sec. 556. Limitation on availability of funds for relocation of Army CID special agent training course.Sec. 557. Army Physical Fitness Test.Sec. 558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities.Sec. 559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps.Sec. 560. Consideration of standardized test scores in military service academy application process.Sec. 560A. Extension of Troops for Teachers program to the Job Corps.Subtitle F—Military Family Readiness and Dependents' EducationSec. 561. Pilot program on recruitment and retention of employees for child development programs.Sec. 562. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel.Sec. 563. Modifications to assistance to local educational agencies that benefit dependents of members of the Armed Forces with enrollment changes due to base closures, force structure changes, or force relocations.Sec. 564. Assistance for military spouses to obtain doula certifications.Subtitle G—Junior Reserve Officers' Training CorpsSec. 571. Expansion of Junior Reserve Officers’ Training Corps.Sec. 572. JROTC program certification.Sec. 573. Memorandum of understanding required.Sec. 574. Junior Reserve Officers’ Training Corps instructor compensation.Sec. 575. Annual report on allegations of sexual misconduct in JROTC programs.Sec. 576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program.Subtitle H—Decorations and other awards, miscellaneous reports and other mattersSec. 581. Extension of deadline for review of World War I valor medals.Sec. 582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments.Sec. 583. Prohibition on requiring listing of gender or pronouns in official correspondence.Subtitle I—Enhanced recruiting effortsSec. 591. Short title.Sec. 592. Increased access to potential recruits at secondary schools.Sec. 593. Increased access to potential recruits at institutions of higher education.TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITSSubtitle A—Pay and AllowancesSec. 601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation.Sec. 602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services.Sec. 603. Basic allowance for housing for members assigned to vessels undergoing maintenance.Sec. 604. Dual basic allowance for housing for training for certain members of reserve components.Sec. 605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need.Sec. 606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses.Sec. 607. Cost-of-living allowance in the continental United States: high cost areas.Sec. 608. OCONUS cost-of-living allowance: adjustments.Sec. 609. Extension of one-time uniform allowance for officers who transfer to the Space Force.Sec. 610. Review of rates of military basic pay.Sec. 611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations.Subtitle B—Bonus and Incentive PaysSec. 621. Modification of special and incentive pay authorities for members of reserve components.Sec. 622. Expansion of continuation pay eligibility.Sec. 623. One-year extension of certain expiring bonus and special pay authorities.Sec. 624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force.Sec. 625. Extension of travel allowance for members of the Armed Forces assigned to Alaska.Subtitle C—Other MattersSec. 631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services.Sec. 632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities.TITLE VII—Health Care ProvisionsSubtitle A—TRICARE and Other Health Care BenefitsSec. 701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve.Sec. 702. Authority to provide dental care for dependents located at certain remote or isolated locations.Sec. 703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents.Sec. 704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma.Sec. 705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program.Sec. 706. Expansion of doula care furnished by Department of Defense.Sec. 707. Sense of Congress on access to mental health services through TRICARE.Subtitle B—Health Care AdministrationSec. 711. Increase in stipend for participants in health professions scholarship and financial assistance programs.Sec. 712. Financial relief for civilians treated in military medical treatment facilities.Sec. 713. Department of Defense Overdose Data Act of 2023.Sec. 714. Modification of administration of medical malpractice claims by members of the uniformed services.Subtitle C—Reports and Other MattersSec. 721. Modification of partnership program between United States and Ukraine for military trauma care and research.Sec. 722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services.Sec. 723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention.Sec. 724. Report on mental and behavioral health services provided by Department of Defense.Sec. 725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents.Sec. 726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces.TITLE VIII—Acquisition policy, acquisition management, and related mattersSubtitle A—Acquisition policy and managementSec. 801. Amendments to multiyear procurement authority.Sec. 802. Modernizing the Department of Defense requirements process.Sec. 803. Head of Contracting Authority for Strategic Capabilities Office.Sec. 804. Pilot program for the use of innovative intellectual property strategies.Sec. 805. Focused commercial solutions openings opportunities.Sec. 806. Study on reducing barriers to acquisition of commercial products and services.Sec. 807. Sense of the Senate on independent cost assessment.Sec. 808. Emergency acquisition authority for purposes of replenishing United States stockpiles.Subtitle B—Amendments to general contracting authorities, procedures, and limitationsSec. 811. Commander initiated rapid contracting actions.Sec. 812. Extension and revisions to never contract with the enemy.Sec. 813. Enhancement of Department of Defense capabilities to prevent contractor fraud.Sec. 814. Modification of approval authority for high dollar other transaction agreements for prototypes.Sec. 815. Modifications to Earned Value Management system requirements.Sec. 816. Inventory of inflation and escalation indices.Sec. 817. Pilot program to incentivize progress payments.Sec. 818. Extension of pilot program to accelerate contracting and pricing processes.Sec. 819. Preventing conflicts of interest for Department of Defense consultants.Sec. 820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions.Sec. 821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China.Sec. 822. Modification of truthful cost or pricing data submissions and report.Sec. 823. Repeal of bonafide office rule for 8(a) contracts with the Department of Defense.Subtitle C—Industrial base mattersSec. 831. Defense industrial base advanced capabilities pilot program.Sec. 832. Department of Defense notification of certain transactions.Sec. 833. Analyses of certain activities for action to address sourcing and industrial capacity.Sec. 834. Pilot program on capital assistance to support defense investment in the industrial base.Sec. 835. Requirement to buy certain satellite components from national technology and industrial base.Sec. 836. Sense of Congress relating to rubber supply.Subtitle D—Small business mattersSec. 841. Amendments to Defense Research and Development Rapid Innovation Program.Sec. 842. Department of Defense Mentor-Protégé Program.Sec. 843. Consideration of the past performance of affiliate companies of small businesses.Sec. 844. Timely payments for Department of Defense small business subcontractors.Sec. 845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense.Sec. 846. Annual reports regarding the SBIR program of the Department of Defense.Sec. 847. Modifications to the Procurement Technical Assistance Program.Sec. 848. Extension of pilot program to incentivize contracting with employee-owned businesses.Sec. 849. Eliminating self-certification for service-disabled veteran-owned small businesses.Sec. 850. Payment of subcontractors.Sec. 851. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans.Sec. 852. Amendments to contracting authority for certain small business concerns.Subtitle E—Other mattersSec. 861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system.Sec. 862. Extension of pilot program for distribution support and services for weapons systems contractors.Sec. 863. Modification of effective date for expansion on the prohibition on acquiring certain metal products.Sec. 864. Foreign sources of specialty metals.Sec. 865. University Affiliated Research Center for critical minerals.Sec. 866. Enhanced domestic content requirement for navy shipbuilding programs.Sec. 867. Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council.Sec. 868. Modifications to rights in technical data.TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENTSubtitle A—Office of the Secretary of Defense and Related MattersSec. 901. Establishment of Office of Strategic Capital.Sec. 902. Reinstatement of position of Chief Management Officer of Department of Defense.Sec. 903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation.Sec. 904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting.Sec. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict.Sec. 906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities.Sec. 907. Pilot program on protecting access to critical assets.Sec. 908. Extension of mission management pilot program.Sec. 909. Conforming amendments to carry out elimination of position of Chief Management Officer.Subtitle B—Other Department of Defense Organization and Management MattersSec. 921. Joint Energetics Transition Office.Sec. 922. Transition of oversight responsibility for the Defense Technology Security Administration.Sec. 923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes.Sec. 924. Integration of productivity software suites for scheduling data.Sec. 925. Operationalizing audit readiness.Sec. 926. Next generation business health metrics.Sec. 927. Independent assessment of defense business enterprise architecture.Sec. 928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze.TITLE X—General provisionsSubtitle A—Financial mattersSec. 1001. General transfer authority.Sec. 1002. Annual report on budget prioritization by Secretary of Defense and military departments.Sec. 1003. Additional reporting requirements related to unfunded priorities.Sec. 1004. Sense of the Senate on need for emergency supplemental appropriations.Subtitle B—Counterdrug activitiesSec. 1011. Disruption of fentanyl trafficking.Sec. 1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime.Sec. 1013. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects.Sec. 1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations.Subtitle C—Naval vesselsSec. 1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund.Sec. 1022. Amphibious warship force availability.Sec. 1023. Prohibition on retirement of certain naval vessels.Sec. 1024. Report on the potential for an Army and Navy joint effort for watercraft vessels.Subtitle D—CounterterrorismSec. 1031. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.Sec. 1032. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.Sec. 1033. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.Sec. 1034. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.Subtitle E—Miscellaneous authorities and limitationsSec. 1041. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers.Sec. 1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments.Sec. 1043. Unfavorable security clearance eligibility determinations and appeals.Sec. 1044. Assistance in support of Department of Defense accounting for missing United States Government personnel.Sec. 1045. Implementation of arrangements to build transparency, confidence, and security.Sec. 1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces.Sec. 1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel.Sec. 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts.Sec. 1049. Access to commissary and exchange privileges for remarried spouses.Subtitle F—Studies and reportsSec. 1051. Annual report and briefing on implementation of Force Design 2030.Sec. 1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North.Sec. 1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions.Sec. 1054. Modifications of reporting requirements.Sec. 1055. Report on equipping certain ground combat units with small unmanned aerial systems.Sec. 1056. Comprehensive assessment of Marine Corps Force Design 2030.Sec. 1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense.Sec. 1058. Quarterly briefing on homeland defense planning.Sec. 1059. Special operations force structure.Sec. 1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence.Sec. 1061. Plan on countering human trafficking.Sec. 1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba.Sec. 1063. Ensuring reliable supply of critical minerals.Subtitle G—Other mattersSec. 1071. Matters related to irregular warfare.Sec. 1072. Joint concept for competing implementation updates.Sec. 1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement.Sec. 1074. Notification of safety and security concerns at certain Department of Defense laboratories.Sec. 1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam.Sec. 1076. Program and processes relating to foreign acquisition.Sec. 1077. Technical and conforming amendments related to the Space Force.Sec. 1078. Authority to establish commercial integration cells within certain combatant commands.Sec. 1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes.Sec. 1080. Modification of definition of domestic source for title III of Defense Production Act of 1950.Sec. 1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce.Sec. 1082. Limitation on availability of funds for destruction of landmines.Sec. 1083. Nogales wastewater improvement.Sec. 1084. Authorization of amounts to support initiatives for mobile mammography services for veterans.Sec. 1085. Protection of covered sectors.Sec. 1086. Review of agriculture-related transactions by Committee on Foreign Investment in the United States.Sec. 1087. 9/11 Responder and Survivor Health Funding Correction Act of 2023.Sec. 1088. Reauthorization of voluntary registry for firefighter cancer incidence.Sec. 1089. Requirement for unqualified opinion on financial statement.Sec. 1090. Briefing on Air National Guard active associations.Sec. 1090A. Informing Consumers about Smart Devices Act.Sec. 1090B. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training.Sec. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023.Sec. 1090D. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities.Sec. 1090E. Conduct of winter season reconnaissance of atmospheric rivers in the western United States.Sec. 1090F. National Cold War Center designation.Sec. 1090G. Semiconductor program.Sec. 1090H. Prohibition of demand for bribe.Sec. 1090I. Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams.Sec. 1090J. Global cooperative framework to end human rights abuses in sourcing critical minerals.Sec. 1090K. Readmission requirements for servicemembers.Subtitle H—Drone securitySec. 1091. Short title.Sec. 1092. Definitions.Sec. 1093. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities.Sec. 1094. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities.Sec. 1095. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities.Sec. 1096. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities.Sec. 1097. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities.Sec. 1098. Comptroller General report.Sec. 1099. Government-wide policy for procurement of unmanned aircraft systems.Sec. 1099A. State, local, and territorial law enforcement and emergency service exemption.Sec. 1099B. Study.Sec. 1099C. Exceptions.Sec. 1099D. Sunset.Subtitle I—Radiation Exposure Compensation ActPART I—Manhattan Project wasteSec. 1099AA. Claims relating to Manhattan Project waste.PART II—Compensation for workers involved in uranium miningSec. 1099BB. Short title.Sec. 1099CC. References.Sec. 1099DD. Extension of fund.Sec. 1099EE. Claims relating to atmospheric testing.Sec. 1099FF. Claims relating to uranium mining.Sec. 1099GG. Expansion of use of affidavits in determination of claims; regulations.Sec. 1099HH. Limitation on claims.Sec. 1099II. Grant program on epidemiological impacts of uranium mining and milling.Sec. 1099JJ. Energy Employees Occupational Illness Compensation Program.Subtitle J—Crypto assetsSec. 1099AAA. Crypto asset anti-money laundering examination standards.Sec. 1099BBB. Combating anonymous crypto asset transactions.Subtitle K—Combating Cartels on Social Media Act of 2023Sec. 1099AAAA. Short title.Sec. 1099BBBB. Definitions.Sec. 1099CCCC. Assessment of illicit usage.Sec. 1099DDDD. Strategy to combat cartel recruitment on social media and online platforms.Sec. 1099EEEE. Rule of construction.Sec. 1099FFFF. No additional funds.TITLE XI—Connecting Oceania’s Nations with Vanguard Exercises and National EmpowermentSec. 1101. Short title; table of contents.Sec. 1102. Definitions.Sec. 1103. National security councils of specified countries.TITLE XII—Civilian personnel mattersSec. 1201. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.Sec. 1202. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.Sec. 1203. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay.Sec. 1204. Exception to limitation on number of Senior Executive Service positions for the Department of Defense.Sec. 1205. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense.Sec. 1206. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories.Sec. 1207. Expansion and extension of direct hire authority for certain personnel of the Department of Defense.Sec. 1208. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates.Sec. 1209. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base.Sec. 1210. Authority to employ civilian faculty members at Space Force schools.Sec. 1211. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management.Sec. 1212. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations.Sec. 1213. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians.Sec. 1214. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities.Sec. 1215. Amendments to the John S. McCain Strategic Defense Fellows Program.Sec. 1216. Civilian Cybersecurity Reserve pilot project.TITLE XIII—Matters relating to foreign nationsSubtitle A—Assistance and trainingSec. 1301. Middle East integrated maritime domain awareness and interdiction capability.Sec. 1302. Authority to provide mission training through distributed simulation.Sec. 1303. Increase in small-scale construction limit and modification of authority to build capacity.Sec. 1304. Extension of legal institutional capacity building initiative for foreign defense institutions.Sec. 1305. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.Sec. 1306. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States.Sec. 1307. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations.Sec. 1308. Limitation on availability of funds for International Security Cooperation Program.Sec. 1309. Modification of Department of Defense security cooperation workforce development.Sec. 1310. Modification of authority to provide support to certain governments for border security operations.Sec. 1311. Modification of Defense Operational Resilience International Cooperation Pilot Program.Sec. 1312. Assistance to Israel for aerial refueling.Sec. 1313. Report on coordination with private entities and State governments with respect to the State Partnership Program.Subtitle B—Matters relating to Syria, Iraq, and IranSec. 1321. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.Sec. 1322. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.Sec. 1323. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.Sec. 1324. Briefing on nuclear capability of Iran.Sec. 1325. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria.Subtitle C—Matters relating to Europe and the Russian FederationSec. 1331. Extension and modification of Ukraine Security Assistance Initiative.Sec. 1332. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises.Sec. 1333. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine.Sec. 1334. Extension and modification of temporary authorizations related to Ukraine and other matters.Sec. 1335. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries.Sec. 1336. Study and report on lessons learned regarding information operations and deterrence.Sec. 1337. Report on progress on multi-year strategy and plan for the Baltic Security Initiative.Sec. 1338. Sense of the Senate on the North Atlantic Treaty Organization.Sec. 1339. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization.Sec. 1340. Sense of the Senate regarding the arming of Ukraine.Subtitle D—Matters relating to the Indo-Pacific regionSec. 1341. Indo-Pacific Campaigning Initiative.Sec. 1342. Training, advising, and institutional capacity-building program for military forces of Taiwan.Sec. 1343. Indo-Pacific Maritime Domain Awareness Initiative.Sec. 1344. Extension of Pacific Deterrence Initiative.Sec. 1345. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.Sec. 1346. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia.Sec. 1347. Extension and modification of certain temporary authorizations.Sec. 1348. Plan for enhanced security cooperation with Japan.Sec. 1349. Plan for improvements to certain operating locations in Indo-Pacific region.Sec. 1350. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region.Sec. 1351. Enhancing major defense partnership with India.Sec. 1352. Military cybersecurity cooperation with Taiwan.Sec. 1353. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States.Sec. 1354. Report and notification relating to transfer of operational control on Korean Peninsula.Sec. 1355. Report on range of consequences of war with the People’s Republic of China.Sec. 1356. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region.Sec. 1357. Studies on defense budget transparency of the People’s Republic of China and the United States.Sec. 1358. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities.Sec. 1359. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region.Sec. 1360. Semiannual briefings on military of the People's Republic of China.Sec. 1361. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China.Sec. 1362. Prohibition on use of funds for the Wuhan Institute of Virology.Sec. 1363. Audit to identify diversion of Department of Defense funding to China's research labs.Sec. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc.Sec. 1365. Assessment relating to contingency operational plan of United States Indo-Pacific Command.Sec. 1366. Assessment of absorptive capacity of military forces of Taiwan.Sec. 1367. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China.Sec. 1368. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region.Sec. 1369. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List.Sec. 1370. Extension of export prohibition on munitions items to the Hong Kong Police Force.Subtitle E—Securing maritime data from ChinaSec. 1371. Short title.Sec. 1372. LOGINK defined.Sec. 1373. Countering the spread of LOGINK.Subtitle F—ReportsSec. 1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region.Subtitle G—Other mattersSec. 1391. Military intelligence collection and analysis partnerships.Sec. 1392. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy.Sec. 1393. Modification of support of special operations for irregular warfare.Sec. 1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment.Sec. 1395. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats.Sec. 1396. Modification of authority for certain payments to redress injury and loss.Sec. 1397. Modification of authority for cooperation on directed energy capabilities.Sec. 1398. Modification of Arctic Security Initiative.Sec. 1399. Termination of authorization of non-conventional assisted recovery capabilities.Sec. 1399A. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen.Sec. 1399B. Extension of United States-Israel anti-tunnel cooperation.Sec. 1399C. Prohibition on delegation of authority to designate foreign partner forces as eligible for the provision of collective self-defense support by United States Armed Forces.Sec. 1399D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom.Sec. 1399E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture.Sec. 1399F. Foreign Advance Acquisition Account.Sec. 1399G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense.Sec. 1399H. Plans related to rapid transfer of certain missiles and defense capabilities.Sec. 1399I. Ensuring peace through strength in Israel.Sec. 1399J. Improvements to security cooperation workforce and defense acquisition workforce.Sec. 1399K. Modification of foreign military sales processing.Sec. 1399L. Ending China's developing nation status.Sec. 1399M. Sharing of information with respect to suspected violations of intellectual property rights.Sec. 1399N. Foreign port security assessments.Sec. 1399O. Legal preparedness for servicemembers abroad.Subtitle H—Limitation on withdrawal from NATOSec. 1399AA. Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty.Sec. 1399BB. Limitation on the use of funds.Sec. 1399CC. Notification of treaty action.Sec. 1399DD. Authorization of Legal Counsel to represent Congress.Sec. 1399EE. Reporting requirement.Sec. 1399FF. Rule of construction.Sec. 1399GG. Severability.Sec. 1399HH. Definitions.Subtitle I—Combating global corruptionSec. 1399AAA. Short title.Sec. 1399BBB. Definitions.Sec. 1399CCC. Publication of tiered ranking list.Sec. 1399DDD. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption.Sec. 1399EEE. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act.Sec. 1399FFF. Designation of embassy anti-corruption points of contact.Subtitle J—International children with disabilities protectionSec. 1399AAAA. Short title.Sec. 1399BBBB. Sense of Congress.Sec. 1399CCCC. Definitions.Sec. 1399DDDD. Statement of policy.Sec. 1399EEEE. International Children with Disabilities Protection Program and capacity building.Sec. 1399FFFF. Annual report on implementation.Sec. 1399GGGG. Promoting international protection and advocacy for children with disabilities.Subtitle K—Western Hemisphere Partnership Act of 2023Sec. 1399AAAAA. Short title.Sec. 1399BBBBB. United States policy in the Western Hemisphere.Sec. 1399CCCCC. Promoting security and the rule of law in the Western Hemisphere.Sec. 1399DDDDD. Promoting digitalization and cybersecurity in the Western Hemisphere.Sec. 1399EEEEE. Promoting economic and commercial partnerships in the Western Hemisphere.Sec. 1399FFFFF. Promoting transparency and democratic governance in the Western Hemisphere.Sec. 1399GGGGG. Investment, trade, and development in Africa and Latin America and the Caribbean.Sec. 1399HHHHH. Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors.Sec. 1399IIIII. Western Hemisphere defined.Sec. 1399JJJJJ. Report on efforts to capture and detain united states citizens as hostages.TITLE XIV—COOPERATIVE THREAT REDUCTIONSec. 1401. Cooperative Threat Reduction funds.TITLE XV—Other authorizationsSubtitle A—Military programsSec. 1501. Working capital funds.Sec. 1502. Chemical Agents and Munitions Destruction, Defense.Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide.Sec. 1504. Defense Inspector General.Sec. 1505. Defense Health Program.Subtitle B—National Defense StockpileSec. 1511. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling.Sec. 1512. Improvements to Strategic and Critical Materials Stock Piling Act.Sec. 1513. Authority to dispose of materials from the National Defense Stockpile.Sec. 1514. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes.Subtitle C—Other mattersSec. 1521. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.Sec. 1522. Authorization of appropriations for Armed Forces Retirement Home.Sec. 1523. Modification of leasing authority of Armed Forces Retirement Home.TITLE XVI—Space activities, strategic programs, and intelligence mattersSubtitle A—Space activitiesSec. 1601. Acquisition strategy for Phase 3 of the National Security Space Launch program.Sec. 1602. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review.Sec. 1603. Department of the Air Force responsibility for space-based ground and airborne moving target indication.Sec. 1604. Principal Military Deputy for Space Acquisition and Integration.Sec. 1605. Use of middle tier acquisition authority for Space Development Agency acquisition program.Sec. 1606. Special authority for provision of commercial space launch support services.Sec. 1607. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program.Sec. 1608. Briefing on classification practices and foreign disclosure policies required for combined space operations.Sec. 1609. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command.Subtitle B—Nuclear forcesSec. 1611. Prohibition on reduction of the intercontinental ballistic missiles of the United States.Sec. 1612. Sentinel intercontinental ballistic missile program silo activity.Sec. 1613. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system.Sec. 1614. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet.Sec. 1615. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program.Sec. 1616. Long-term sustainment of Sentinel ICBM guidance system.Sec. 1617. Sense of Senate on Polaris Sales Agreement.Sec. 1618. Matters relating to the nuclear-armed sea-launched cruise missile.Sec. 1619. Operational timeline for Strategic Automated Command and Control System.Sec. 1620. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems.Sec. 1621. Technical amendment to additional report matters on strategic delivery systems.Sec. 1622. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets.Sec. 1623. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office.Sec. 1624. Monitoring Iranian enrichment.Subtitle C—Missile defenseSec. 1631. Designation of official responsible for missile defense of Guam.Sec. 1632. Selection of a Director of the Missile Defense Agency.Sec. 1633. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs.Sec. 1634. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.Sec. 1635. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland.Sec. 1636. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report.Sec. 1637. Integrated air and missile defense architecture for the Indo-Pacific region.Sec. 1638. Modification of National Missile Defense policy.Subtitle D—Other mattersSec. 1641. Electronic warfare.Sec. 1642. Study on the future of the Integrated Tactical Warning Attack Assessment System.Sec. 1643. Comprehensive review of electronic warfare test ranges and future capabilities.Sec. 1644. Extension of authorization for protection of certain facilities and assets from unmanned aircraft.Sec. 1645. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum.Sec. 1646. Funding limitation on certain unreported programs.Sec. 1647. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities.TITLE XVII—Cyberspace-related mattersSubtitle A—Matters relating to cyber operations and cyber forcesSec. 1701. Measures to enhance the readiness and effectiveness of the Cyber Mission Force.Sec. 1702. Cyber intelligence center.Sec. 1703. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners.Sec. 1704. Next generation cyber red teams.Sec. 1705. Management of data assets by Chief Digital Officer.Sec. 1706. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace.Sec. 1707. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers.Sec. 1708. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission.Subtitle B—Matters relating to Department of Defense cybersecurity and information technologySec. 1711. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities.Sec. 1712. Department of Defense information network boundary and cross-domain defense.Sec. 1713. Policy and guidance on memory-safe software programming.Sec. 1714. Development of regional cybersecurity strategies.Sec. 1715. Cyber incident reporting.Sec. 1716. Management by Department of Defense of mobile applications.Sec. 1717. Security enhancements for the nuclear command, control, and communications network.Sec. 1718. Guidance regarding securing laboratories of the Armed Forces.Sec. 1719. Establishing Identity, Credential, and Access Management initiative as a program of record.Sec. 1720. Strategy on cybersecurity resiliency of Department of Defense space enterprise.Sec. 1721. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users.Sec. 1722. Department of Defense digital content provenance.Sec. 1723. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community.Sec. 1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy.Sec. 1725. Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council.Sec. 1726. Requirement to support for cyber education and workforce development at institutions of higher learning.Sec. 1727. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack.Sec. 1728. Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries.TITLE XVIII—Space Force personnel managementSec. 1801. Short title.Sec. 1802. Space Force Personnel Management Act transition plan.Sec. 1803. Comprehensive assessment of Space Force equities in the National Guard.Subtitle A—Space Force military personnel system without componentSec. 1811. Establishment of military personnel management system for the Space Force.Sec. 1812. Composition of the Space Force without component.Sec. 1813. Definitions for single personnel management system for the Space Force.Sec. 1814. Basic policies relating to service in the Space Force.Sec. 1815. Status and participation.Sec. 1816. Officers.Sec. 1817. Enlisted members.Sec. 1818. Retention and separation generally.Sec. 1819. Separation of officers for substandard performance of duty or for certain other reasons.Sec. 1820. Retirement.Subtitle B—Conforming amendments related to Space Force military personnel systemSec. 1831. Amendments to Department of the Air Force provisions of title 10, United States Code.Sec. 1832. Amendments to subtitle A of title 10, United States Code.Sec. 1833. Title 38, United States Code (veterans’ benefits).Subtitle C—Transition provisionsSec. 1841. Transition period.Sec. 1842. Change of duty status of members of the Space Force.Sec. 1843. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard.Sec. 1844. Placement of officers on the Space Force officer list.Sec. 1845. Disestablishment of regular Space Force.Sec. 1846. End strength flexibility.Sec. 1847. Promotion authority flexibility.Subtitle D—Other amendments related to the Space ForceSec. 1851. Title 10, United States Code.Sec. 1852. Other provisions of law.DIVISION B—Military construction authorizationsSec. 2001. Short title.Sec. 2002. Expiration of authorizations and amounts required to be specified by law.Sec. 2003. Effective date.TITLE XXI—Army military constructionSec. 2101. Authorized Army construction and land acquisition projects.Sec. 2102. Family housing.Sec. 2103. Authorization of appropriations, Army.Sec. 2104. Extension of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts.Sec. 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea.Sec. 2106. Extension of authority to carry out certain fiscal year 2019 projects.Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects.TITLE XXII—Navy military constructionSec. 2201. Authorized Navy construction and land acquisition projects.Sec. 2202. Family housing.Sec. 2203. Authorization of appropriations, Navy.Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects.Sec. 2205. Extension of authority to carry out certain fiscal year 2021 projects.TITLE XXIII—Air Force military constructionSec. 2301. Authorized Air Force construction and land acquisition projects.Sec. 2302. Family housing.Sec. 2303. Authorization of appropriations, Air Force.Sec. 2304. Extension of authority to carry out certain fiscal year 2017 projects.Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects.Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects.Sec. 2307. Extension of authority to carry out certain fiscal year 2021 projects.TITLE XXIV—Defense Agencies military constructionSec. 2401. Authorized Defense Agencies construction and land acquisition projects.Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.Sec. 2403. Authorization of appropriations, Defense Agencies.Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects.Sec. 2405. Extension and modification of authority to carry out certain fiscal year 2019 projects.Sec. 2406. Extension of authority to carry out certain fiscal year 2021 projects.Sec. 2407. Additional authority to carry out certain fiscal year 2022 projects.Sec. 2408. Additional authority to carry out certain fiscal year 2023 projects.TITLE XXV—International programsSubtitle A—North Atlantic Treaty Organization Security Investment ProgramSec. 2501. Authorized NATO construction and land acquisition projects.Sec. 2502. Authorization of appropriations, NATO.Subtitle B—Host country in-kind contributionsSec. 2511. Republic of Korea funded construction projects.Sec. 2512. Republic of Poland funded construction projects.TITLE XXVI—Guard and Reserve Forces facilitiesSec. 2601. Authorized Army National Guard construction and land acquisition projects.Sec. 2602. Authorized Army Reserve construction and land acquisition projects.Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.Sec. 2604. Authorized Air National Guard construction and land acquisition projects.Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.Sec. 2606. Authorization of appropriations, National Guard and Reserve.Sec. 2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana.Sec. 2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York.Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects.Sec. 2610. Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas.Sec. 2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California.Sec. 2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania.TITLE XXVII—Base realignment and closure activitiesSec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.Sec. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado.TITLE XXVIII—Military construction general provisionsSubtitle A—Military Construction ProgramSec. 2801. Authority for Indo-Pacific posture military construction projects.Sec. 2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense.Sec. 2803. Application of area construction cost indices outside the United States.Sec. 2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost.Sec. 2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range.Sec. 2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam.Sec. 2807. Revision to access and management of Air Force memorial.Sec. 2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps.Sec. 2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia.Sec. 2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location.Sec. 2811. Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects.Sec. 2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction.Sec. 2813. Pilot program on replacement of substandard enlisted barracks.Sec. 2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard.Sec. 2815. Modification of pilot program on increased use of sustainable building materials in military construction.Subtitle B—Military HousingPART I—Military Unaccompanied HousingSec. 2821. Uniform condition index for military unaccompanied housing.Sec. 2822. Certification of habitability of military unaccompanied housing.Sec. 2823. Maintenance work order management process for military unaccompanied housing.Sec. 2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing.Sec. 2825. Oversight of military unaccompanied housing.Sec. 2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing.Sec. 2827. Design standards for military unaccompanied housing.Sec. 2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing.Sec. 2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing.Sec. 2830. Annual report on military unaccompanied housing.PART II—Privatized Military HousingSec. 2841. Improvements to privatized military housing.Sec. 2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing.Sec. 2843. Treatment of nondisclosure agreements with respect to privatized military housing.PART III—Other Housing MattersSec. 2851. Department of Defense Military Housing Readiness Council.Sec. 2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces.Subtitle C—Land ConveyancesSec. 2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia.Sec. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia.Subtitle D—Other MattersSec. 2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred.Sec. 2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland.Sec. 2873. Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as Kalaeloa), Hawaii.Sec. 2874. Clarification of other transaction authority for installation or facility prototyping.Sec. 2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department.Sec. 2876. Increase of limitation on fee for architectural and engineering services procured by military departments.Sec. 2877. Requirement that all material types be considered for design-bid-build military construction projects.Sec. 2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense.Sec. 2879. Guidance on Department of Defense-wide standards for access to installations of the Department.Sec. 2880. Deployment of existing construction materials.Sec. 2881. Technical corrections.DIVISION C—Department of Energy national security authorizations and other authorizationsTITLE XXXI—Department of Energy national security programsSubtitle A—National security programs and authorizationsSec. 3101. National Nuclear Security Administration.Sec. 3102. Defense environmental cleanup.Sec. 3103. Other defense activities.Sec. 3104. Nuclear energy.Subtitle B— Program authorizations, restrictions, and limitationsSec. 3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium.Sec. 3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability.Sec. 3113. Plutonium Modernization Program management.Sec. 3114. Pantex explosives manufacturing capability.Sec. 3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration.Sec. 3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide.Sec. 3117. Modification of reporting requirements for program on vulnerable sites.Sec. 3118. Implementation of enhanced mission delivery initiative.Sec. 3119. Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development.Sec. 3120. Analyses of nuclear programs of foreign countries.Sec. 3121. Enhancing National Nuclear Security Administration supply chain reliability.Sec. 3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security.Sec. 3123. Redesignating duties related to departmental radiological and nuclear incident responses.Sec. 3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions.Sec. 3125. Technical amendments to the Atomic Energy Defense Act.Sec. 3126. Amendment to period for briefing requirements.Sec. 3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project.Subtitle C—Budget and financial management mattersSec. 3131. Updated financial integration policy.Subtitle D—Other mattersSec. 3141. Integration of technical expertise of Department of Energy into policymaking.Sec. 3142. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000.Sec. 3143. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries.Sec. 3144. U.S. nuclear fuel security initiative.TITLE XXXII—Defense Nuclear Facilities Safety BoardSec. 3201. Authorization.TITLE XXXV—Maritime AdministrationSec. 3501. Maritime Administration.DIVISION D—Funding TablesSec. 4001. Authorization of amounts in funding tables.TITLE XLI—PROCUREMENTSec. 4101. PROCUREMENT.TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONSec. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.TITLE XLIII—OPERATION AND MAINTENANCESec. 4301. OPERATION AND MAINTENANCE.TITLE XLIV—MILITARY PERSONNELSec. 4401. MILITARY PERSONNEL.TITLE XLV—OTHER AUTHORIZATIONSSec. 4501. OTHER AUTHORIZATIONS.TITLE XLVI—MILITARY CONSTRUCTIONSec. 4601. MILITARY CONSTRUCTION.TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMSSec. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.DIVISION E—Additional ProvisionsTITLE LI—ProcurementSubtitle D—Air Force programsSec. 5131. Inventory of C–130 aircraft.Sec. 5132. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons.Sec. 5133. Prohibition on divestment of F–15E aircraft.TITLE LII—Research, development, test, and evaluationSec. 5201. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research.Sec. 5202. Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.Sec. 5203. Improvements to defense quantum information science and technology research and development program.Sec. 5204. Improvements to National Quantum Initiative Program.Sec. 5205. Annual review of status of implementation plan for digital engineering career tracks.Sec. 5206. Rapid response to emergent technology advancements or threats.TITLE LIII—Operation and maintenanceSubtitle A—Briefings and reportsSec. 5341. Report by Department of Defense on alternatives to burn pits.TITLE LVI—Compensation and other personnel benefitsSubtitle C—Other mattersSec. 5631. Modifications to transitional compensation for dependents of members separated for dependent abuse.Sec. 5632. Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation.TITLE LVII—Health care provisionsSubtitle A—TRICARE and other health care benefitsSec. 5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services.Subtitle B—Health care administrationSec. 5711. Modification of requirement to transfer research and development and public health functions to Defense Health Agency.Subtitle C—Reports and other mattersSec. 5721. Report on military mental health care referral policies.Sec. 5722. Comptroller General study on biomedical research and development funded by Department of Defense.Sec. 5723. Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents.Sec. 5724. Expansion of doula care furnished by Department of Defense.TITLE LVIII—Acquisition policy, acquisition management, and related mattersSubtitle D—Small business mattersSec. 5841. Competition of small business concerns for Department of Defense contracts.Subtitle E—Other mattersSec. 5851. Briefing on the redesignation of National Serial Number (NSN) parts as proprietary.TITLE LX—Other mattersSubtitle D—CounterterrorismSec. 6031. Establishing a coordinator for countering Mexico's criminal cartels.Subtitle F—Studies and reportsSec. 6051. Report on food purchasing by the Department of Defense.Subtitle G—Other mattersSec. 6071. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee.Sec. 6072. Grave markers at Santa Fe National Cemetery, New Mexico.Sec. 6073. Modification of compensation for members of the Afghanistan War Commission.Sec. 6074. Red Hill health impacts.Sec. 6075. Permanent authorization of Undetectable Firearms Act of 1988.Sec. 6076. Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment.Sec. 6077. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs.Sec. 6078. Designation of National Museum of the Mighty Eighth Air Force.Sec. 6079. Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes.Sec. 6080. Extension of active duty term for Attending Physician at United States Capitol.Sec. 6081. Disclosures by directors, officers, and principal stockholders.Sec. 6082. Preventing Child Sex Abuse.Sec. 6083. Senate National Security Working Group.Sec. 6084. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated.Subtitle H—Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty ActSec. 6091. Short title.Sec. 6092. Findings; sense of Congress.Sec. 6093. Visa availability for Government Employee Immigrant Visa program.Subtitle I—Additional matters relating to artificial intelligenceSec. 6096. Report on artificial intelligence regulation in financial services industry.Sec. 6097. Artificial intelligence bug bounty programs.Sec. 6098. Vulnerability analysis study for artificial intelligence-enabled military applications.Sec. 6099. Report on data sharing and coordination.TITLE LXII—Matters relating to foreign nationsSubtitle C—Matters relating to Europe and the Russian FederationSec. 6231. Black Sea security and development strategy.Subtitle D—Matters relating to the Indo-Pacific regionSec. 6241. Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands.Sec. 6242. Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements.Sec. 6243. Audit to identify diversion of Department of Defense funding to China's research labs.Subtitle G—Other mattersSec. 6291. Sense of the Senate on digital trade and the digital economy.Sec. 6292. Assessment of certain United States-origin technology used by foreign adversaries.Sec. 6293. Virginia class submarine transfer certification.TITLE LXV—Space activities, strategic programs, and intelligence mattersSubtitle B—Nuclear forcesSec. 6511. Annual report on development of long-range stand-off weapon.TITLE LXVIII—FEND Off Fentanyl ActSec. 6801. Short title.Sec. 6802. Sense of Congress.Sec. 6803. Definitions.Subtitle A—Sanctions MattersPART I—Sanctions in Response to National Emergency relating to Fentanyl TraffickingSec. 6811. Finding; policy.Sec. 6812. Use of national emergency authorities; reporting.Sec. 6813. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade.Sec. 6814. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations.Sec. 6815. Penalties; waivers; exceptions.Sec. 6816. Treatment of forfeited property of transnational criminal organizations.PART II—Other MattersSec. 6821. Ten-year statute of limitations for violations of sanctions.Sec. 6822. Classified report and briefing on staffing of Office of Foreign Assets Control.Sec. 6823. Report on drug transportation routes and use of vessels with mislabeled cargo.Sec. 6824. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain.Subtitle B—Anti-Money Laundering MattersSec. 6831. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern.Sec. 6832. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network.Sec. 6833. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma.Subtitle C—Exception Relating to Importation of GoodsSec. 6841. Exception relating to importation of goods.TITLE LXXVIII—Military construction and general provisionsSubtitle B—Military housingPART III—Other housing mattersSec. 7851. Report on plan to replace houses at Fort Leonard Wood.Subtitle D—Other mattersSec. 7881. Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life.Sec. 7882. Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force.TITLE LXXXI—Department of Energy national security programsSubtitle D—Other mattersSec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy.DIVISION F—Department of State Authorization Act of 2023Sec. 6001. Short title; table of contents.Sec. 6002. Definitions.TITLE LXI—Diplomatic security and consular affairsSec. 6101. Special hiring authority for passport services.Sec. 6102. Quarterly report on passport wait times.Sec. 6103. Passport travel advisories.Sec. 6104. Strategy to ensure access to passport services for all Americans.Sec. 6105. Strengthening the National Passport Information Center.Sec. 6106. Strengthening passport customer visibility and transparency.Sec. 6107. Annual Office of Authentications report.Sec. 6108. Increased accountability in assignment restrictions and reviews.Sec. 6109. Suitability reviews for Foreign Service Institute instructors.Sec. 6110. Diplomatic security fellowship programs.TITLE LXII—Personnel mattersSubtitle A—Hiring, promotion, and developmentSec. 6201. Adjustment to promotion precepts.Sec. 6202. Hiring authorities.Sec. 6203. Extending paths to service for paid student interns.Sec. 6204. Lateral Entry Program.Sec. 6205. Mid-Career Mentoring Program.Sec. 6206. Report on the Foreign Service Institute’s language program.Sec. 6207. Consideration of career civil servants as chiefs of missions.Sec. 6208. Civil service rotational program.Sec. 6209. Reporting requirement on chiefs of mission.Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.Sec. 6211. Protection of retirement annuity for reemployment by Department.Sec. 6212. Efforts to improve retention and prevent retaliation.Sec. 6213. National advertising campaign.Sec. 6214. Expansion of diplomats in residence programs.Subtitle B—Pay, benefits, and workforce mattersSec. 6221. Education allowance.Sec. 6222. Per diem allowance for newly hired members of the Foreign Service.Sec. 6223. Improving mental health services for foreign and civil servants.Sec. 6224. Emergency back-up care.Sec. 6225. Authority to provide services to non-chief of mission personnel.Sec. 6226. Exception for government-financed air transportation.Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies.Sec. 6228. Internet at hardship posts.Sec. 6229. Competitive local compensation plan.Sec. 6230. Supporting tandem couples in the Foreign Service.Sec. 6231. Accessibility at diplomatic missions.Sec. 6232. Report on breastfeeding accommodations overseas.Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers.Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories.TITLE LXIII—Information security and cyber diplomacySec. 6301. Data-informed diplomacy.Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program.Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State.Sec. 6304. Strengthening the Chief Information Officer of the Department of State.Sec. 6305. Sense of Congress on strengthening enterprise governance.Sec. 6306. Digital connectivity and cybersecurity partnership.Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund.Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack.TITLE LXIV—Organization and operationsSec. 6401. Personal services contractors.Sec. 6402. Hard-to-fill posts.Sec. 6403. Enhanced oversight of the Office of Civil Rights.Sec. 6404. Crisis response operations.Sec. 6405. Special Envoy to the Pacific Islands Forum.Sec. 6406. Special Envoy for Belarus.Sec. 6407. Overseas placement of special appointment positions.Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad.TITLE LXV—Economic diplomacySec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers.Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy.Sec. 6503. Chief of mission economic responsibilities.Sec. 6504. Direction to embassy deal teams.Sec. 6505. Establishment of a Deal Team of the Year award.TITLE LXVI—Public diplomacySec. 6601. Public diplomacy outreach.Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty.Sec. 6603. International broadcasting.Sec. 6604. John Lewis Civil Rights Fellowship program.Sec. 6605. Domestic engagement and public affairs.Sec. 6606. Extension of Global Engagement Center.Sec. 6607. Paperwork Reduction Act.Sec. 6608. Modernization and enhancement strategy.TITLE LXVII—Other mattersSec. 6701. Internships of United States nationals at international organizations.Sec. 6702. Training for international organizations.Sec. 6703. Modification to transparency on international agreements and non-binding instruments.Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war.Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China.Sec. 6706. Special envoys.Sec. 6707. US–ASEAN Center.Sec. 6708. Briefings on the United States-European Union Trade and Technology Council.Sec. 6709. Modification and repeal of reports.Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security.Sec. 6711. Permitting for international bridges.TITLE LXVIII—AUKUS mattersSec. 6801. Definitions.Subtitle A—Outlining the AUKUS partnershipSec. 6811. Statement of policy on the AUKUS partnership.Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State.Subtitle B—Authorization for AUKUS submarine trainingSec. 6823. Australia, United Kingdom, and United States submarine security training.Subtitle C—Streamlining and protecting transfers of United States military technology from compromiseSec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales.Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales.Sec. 6833. Export control exemptions and standards.Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada.Sec. 6835. United States Munitions List.Subtitle D—Other AUKUS mattersSec. 6841. Reporting related to the AUKUS partnership.DIVISION G—Unidentified anomalous phenomena disclosureSec. 9001. Short title.Sec. 9002. Findings, declarations, and purposes.Sec. 9003. Definitions.Sec. 9004. Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration.Sec. 9005. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices.Sec. 9006. Grounds for postponement of public disclosure of unidentified anomalous phenomena records.Sec. 9007. Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board.Sec. 9008. Unidentified Anomalous Phenomena Records Review Board personnel.Sec. 9009. Review of records by the Unidentified Anomalous Phenomena Records Review Board.Sec. 9010. Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence.Sec. 9011. Disclosure of other materials and additional study.Sec. 9012. Rules of construction.Sec. 9013. Termination of effect of division.Sec. 9014. Authorization of appropriations.Sec. 9015. Severability.DIVISION H—Architect of the Capitol Appointment Act of 2023Sec. 10001. Short title.Sec. 10002. Appointment and term of service of Architect of the Capitol.Sec. 10003. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect.Sec. 10004. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy.DIVISION I—Fair debt collection practices for servicemembersSec. 11001. Short title.Sec. 11002. Enhanced protection against debt collector harassment of servicemembers.Sec. 11003. GAO study.DIVISION J—Native American Housing Assistance and Self-Determination Reauthorization Act of 2023Sec. 11001. Short title.Sec. 11002. Consolidation of environmental review requirements.Sec. 11003. Authorization of appropriations.Sec. 11004. Student housing assistance.Sec. 11005. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity.Sec. 11006. De minimis exemption for procurement of goods and services.Sec. 11007. Homeownership or lease-to-own low-income requirement and income targeting.Sec. 11008. Lease requirements and tenant selection.Sec. 11009. Indian Health Service.Sec. 11010. Statutory authority to suspend grant funds in emergencies.Sec. 11011. Reports to Congress.Sec. 11012. 99-year leasehold interest in trust or restricted lands for housing purposes.Sec. 11013. Amendments for block grants for affordable housing activities.Sec. 11014. Reauthorization of Native Hawaiian homeownership provisions.Sec. 11015. Total development cost maximum project cost.Sec. 11016. Community-based development organizations and special activities by Indian Tribes.Sec. 11017. Section 184 Indian Home Loan Guarantee program.Sec. 11018. Loan guarantees for Native Hawaiian housing.Sec. 11019. Drug elimination program.Sec. 11020. Rental assistance for homeless or at-risk Indian veterans.Sec. 11021. Continuum of care.Sec. 11022. Leveraging.DIVISION K—Fort Belknap Indian Community Water Rights Settlement Act of 2023Sec. 11001. Short title.Sec. 11002. Purposes.Sec. 11003. Definitions.Sec. 11004. Ratification of Compact.Sec. 11005. Tribal water rights.Sec. 11006. Exchange and transfer of land.Sec. 11007. Storage allocation from Lake Elwell.Sec. 11008. Milk River Project mitigation.Sec. 11009. Fort Belknap Indian Irrigation Project System.Sec. 11010. Satisfaction of claims.Sec. 11011. Waivers and releases of claims.Sec. 11012. Aaniiih Nakoda Settlement Trust Fund.Sec. 11013. Fort Belknap Indian Community Water Settlement Implementation Fund.Sec. 11014. Funding.Sec. 11015. Miscellaneous provisions.Sec. 11016. Antideficiency.DIVISION L—Committee on Homeland Security and Governmental AffairsTITLE LXIX—Federal data and information securitySubtitle A—Federal Data Center Enhancement Act of 2023Sec. 11001. Short title.Sec. 11002. Federal Data Center Consolidation Initiative Amendments.TITLE LXX—Stemming the Flow of Illicit NarcoticsSubtitle A—Enhancing DHS Drug Seizures ActSec. 11101. Short title.Sec. 11102. Coordination and information sharing.Sec. 11103. Danger pay for Department of Homeland Security personnel deployed abroad.Sec. 11104. Improving training to foreign-vetted law enforcement or national security units.Sec. 11105. Enhancing the operations of U.S. Customs and Border Protection in foreign countries.Sec. 11106. Drug seizure data improvement.Sec. 11107. Drug performance measures.Sec. 11108. Penalties for hindering immigration, border, and customs controls.Subtitle B—Non-Intrusive Inspection Expansion ActSec. 11111. Short title.Sec. 11112. Use of non-intrusive inspection systems at land ports of entry.Sec. 11113. Non-intrusive inspection systems for outbound inspections.Sec. 11114. GAO review and report.Subtitle C—Securing America's Ports of Entry Act of 2023Sec. 11121. Short title.Sec. 11122. Additional U.S. Customs and Border Protection personnel.Sec. 11123. Ports of entry infrastructure enhancement report.Sec. 11124. Reporting requirements.Sec. 11125. Authorization of appropriations.Subtitle D—Border Patrol Enhancement ActSec. 11131. Short title.Sec. 11132. Authorized staffing level for the United States Border Patrol.Sec. 11133. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12.Sec. 11134. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel.Sec. 11135. Continuing training.Sec. 11136. Reporting requirements.Subtitle E—END FENTANYL ActSec. 11141. Short titles.Sec. 11142. Ensuring timely updates to U.S. Customs and Border Protection field manuals.TITLE LXXI—Improving Lobbying Disclosure RequirementsSubtitle A—Lobbying Disclosure Improvement ActSec. 11201. Short title.Sec. 11202. Registrant disclosure regarding foreign agent registration exemption.Subtitle B—Disclosing Foreign Influence in Lobbying ActSec. 11211. Short title.Sec. 11212. Clarification of contents of registration.TITLE LXXII—Protecting Our Domestic Workforce and Supply ChainSubtitle A—Government-wide study relating to high-security leased spaceSec. 11301. Government-wide study.Subtitle B—Intergovernmental Critical Minerals Task ForceSec. 11311. Short title.Sec. 11312. Findings.Sec. 11313. Intergovernmental critical minerals task force.Subtitle C—Customs Trade Partnership Against Terrorism Pilot Program Act of 2023Sec. 11321. Short title.Sec. 11322. Definitions.Sec. 11323. Pilot program on participation of third-party logistics providers in ctpat.Sec. 11324. Report on effectiveness of CTPAT.Sec. 11325. No additional funds authorized.Subtitle D—Military Spouse Employment ActSec. 11331. Short title.Sec. 11332. Appointment of military spouses.Sec. 11333. GAO study and report.Subtitle E—Designation of airportsSec. 11341. Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service.DIVISION M—Intelligence Authorization Act for Fiscal Year 2024Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Intelligence activitiesSec. 101. Authorization of appropriations.Sec. 102. Classified Schedule of Authorizations.Sec. 103. Intelligence Community Management Account.Sec. 104. Increase in employee compensation and benefits authorized by law.TITLE II—Central Intelligence Agency retirement and disability systemSec. 201. Authorization of appropriations.TITLE III—Intelligence community mattersSubtitle A—General intelligence community mattersSec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies.Sec. 302. Policy and performance framework for mobility of intelligence community workforce.Sec. 303. In-State tuition rates for active duty members of the intelligence community.Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys.Sec. 305. Improving administration of certain post-employment restrictions for intelligence community.Sec. 306. Mission of the National Counterintelligence and Security Center.Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.Sec. 308. Department of Energy science and technology risk assessments.Sec. 309. Congressional oversight of intelligence community risk assessments.Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document.Sec. 311. Office of Intelligence and Analysis.Subtitle B—Central Intelligence AgencySec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations.Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency.Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure.TITLE IV—Matters concerning foreign countriesSubtitle A—People’s Republic of ChinaSec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China.Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa.Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China.Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China.Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States.Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern.Subtitle B—Other foreign countriesSec. 411. Report on efforts to capture and detain United States citizens as hostages.Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework.TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversariesSubtitle A—General mattersSec. 501. Assignment of detailees from intelligence community to Department of Commerce.Subtitle B—Next-generation energy, biotechnology, and artificial intelligenceSec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China.Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities.Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities.TITLE VI—Whistleblower mattersSec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community.Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community.Sec. 603. Establishing process parity for adverse security clearance and access determinations.Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations.Sec. 605. Modification and repeal of reporting requirements.TITLE VII—Classification reformSubtitle A—Classification Reform Act of 2023Sec. 701. Short title.Sec. 702. Definitions.Sec. 703. Classification and declassification of information.Sec. 704. Transparency officers.Subtitle B—Sensible Classification Act of 2023Sec. 711. Short title.Sec. 712. Definitions.Sec. 713. Findings and sense of the Senate.Sec. 714. Classification authority.Sec. 715. Promoting efficient declassification review.Sec. 716. Training to promote sensible classification.Sec. 717. Improvements to Public Interest Declassification Board.Sec. 718. Implementation of technology for classification and declassification.Sec. 719. Studies and recommendations on necessity of security clearances.TITLE VIII—Security clearance and trusted workforceSec. 801. Review of shared information technology services for personnel vetting.Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting.Sec. 803. Annual report on personnel vetting trust determinations.Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0.Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis.TITLE IX—Anomalous health incidentsSec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain.Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain.Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities.Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents.TITLE X—Election securitySec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023.TITLE XI—Other mattersSec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office.Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into four divisions as follows:(1)Division A—Department of Defense Authorizations.(2)Division B—Military Construction Authorizations.(3)Division C—Department of Energy National Security Authorizations and Other Authorizations.(4)Division D—Funding Tables.(b)

Table of contents

The table of contents for this Act is as follows:

3.

Congressional defense committees

In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

A

Department of Defense authorizations

.

1086.

Review of agriculture-related transactions by Committee on Foreign Investment in the United States

Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended—(1)in subsection (a)—(A)in paragraph (4)—(i)in subparagraph (A)—(I)in clause (i), by striking ; and and inserting a semicolon; (II)in clause (ii), by striking the period at the end and inserting ; and; and(III)by adding at the end the following:(iii)any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause.;(ii)in subparagraph (B), by adding at the end the following:(vi)Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture.(vii)Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is—(I)located in the United States;(II)used in agriculture; and(III)more than 320 acres or valued in excess of $5,000,000.; (iii)in subparagraph (C)(i), by striking subparagraph (B)(ii) and inserting clause (ii) or (vii) of subparagraph (B);(iv)in subparagraph (D)—(I)in clause (i), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B);(II)in clause (iii)(I), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B); (III)in clause (iv)(I), by striking subparagraph (B)(iii) each place it appears and inserting clauses (iii) and (vi) of subparagraph (B); and(IV)in clause (v), by striking subparagraph (B)(iii) and inserting clauses (iii) and (vi) of subparagraph (B); and(v)in subparagraph (E), by striking clauses (ii) and (iii) and inserting clauses (ii), (iii), (iv), and (vii); and(B)by adding at the end the following:(14)

Agriculture

The term agriculture has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).; (2)in subsection (k)(2)—(A)by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (B)inserting after subparagraph (G) the following new subparagraph:(H)The Secretary of Agriculture (nonvoting, ex officio).; and(3)by adding at the end the following:(r)

Prohibition with respect to agricultural companies and real estate

(1)

In general

Notwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction.(2)

Waiver

The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition.(3)

Defined terms

In this subsection:(A)

Covered person

(i)

In general

Except as provided by clause (ii), the term covered person—(I)has the meaning given the term a person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary in section 7.2 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024), except that each reference to foreign adversary in that definition shall be deemed to be a reference to the government of a covered country; and(II)includes an entity that—(aa)is registered in or organized under the laws of a covered country;(bb)has a principal place of business in a covered country; or(cc)has a subsidiary with a principal place of business in a covered country.(ii)

Exclusions

The term covered person does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States.(B)

Covered country

The term covered country means any of the following:(i)The People's Republic of China.(ii)The Russian Federation. (iii)The Islamic Republic of Iran.(iv)The Democratic People's Republic of Korea..

1087.

9/11 Responder and Survivor Health Funding Correction Act of 2023

(a)

Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania

Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended—(1)in section 3306 (42 U.S.C. 300mm–5)—(A)by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively;(B)by inserting after paragraph (4) the following: (5)The term Federal agency means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.; and(C)by inserting after paragraph (12), as so redesignated, the following:(13)The term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code.; and(2)in section 3311(a) (42 U.S.C. 300mm–21(a))—(A)in paragraph (2)(C)(i)—(i)in subclause (I), by striking ; or and inserting a semicolon;(ii)in subclause (II), by striking ; and and inserting a semicolon; and(iii)by adding at the end the following:(III)was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or(IV)was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and; and(B)in paragraph (4)(A)—(i)by striking (A) In general.—The and inserting the following:(A)

Limit

(i)

In general

The;(ii)by inserting or subclause (III) or (IV) of paragraph (2)(C)(i) after or (2)(A)(ii); and(iii)by adding at the end the following:(ii)

Certain responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania

The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time..(b)

Additional funding for the World Trade Center Health Program

Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended by adding at the end the following:

3353.

Special Fund

(a)

In general

There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund), consisting of amounts deposited into the Special Fund under subsection (b).(b)

Amount

Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.(c)

Uses of funds

Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)).(d)

Remaining amounts

Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.

3354.

Pentagon/Shanksville Fund

(a)

In general

There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b).(b)

Amount

Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033.(c)

Uses of funds

(1)

In general

Amounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i).(2)

Limitation on other funding

Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1).(d)

Remaining amounts

Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.

.(c)

Conforming amendments

Title XXXIII of the Public Health Service Act (42 U.S.C. 300mm et seq.) is amended—(1)in section 3311(a)(4)(B)(i)(II) (42 U.S.C. 300mm–21(a)(4)(B)(i)(II)), by striking sections 3351 and 3352 and inserting this title;(2)in section 3321(a)(3)(B)(i)(II) (42 U.S.C. 300mm–31(a)(3)(B)(i)(II)), by striking sections 3351 and 3352 and inserting this title;(3)in section 3331 (42 U.S.C. 300mm–41)—(A)in subsection (a), by striking the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund and inserting (as applicable) the Funds established under sections 3351, 3352, 3353, and 3354; and(B)in subsection (d)—(i)in paragraph (1)(A), by inserting or the World Trade Center Health Program Special Fund under section 3353 after section 3351; (ii)in paragraph (1)(B), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 after section 3352; and(iii)in paragraph (2), in the flush text following subparagraph (C), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 after section 3352; and(4)in section 3351(b) (42 U.S.C. 300mm–61(b))—(A)in paragraph (2), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 before the period at the end; and (B)in paragraph (3), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 before the period at the end.(d)

Ensuring timely access to generics

Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended—(1)in paragraph (1)—(A)in subparagraph (A)(i), by inserting , 10.31, after 10.30;(B)in subparagraph (E)—(i)by striking application and and inserting application or;(ii)by striking If the Secretary and inserting the following:(i)

In general

If the Secretary; and(iii)by striking the second sentence and inserting the following:(ii)

Primary purpose of delaying

(I)

In general

In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors:(aa)Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition.(bb)When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition.(cc)Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions.(dd)Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved.(ee)Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition.(ff)Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time.(gg)Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner’s version of the same drug.(hh)The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay.(ii)Other relevant and appropriate factors, which the Secretary shall describe in guidance.(II)

Guidance

The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).;(C)by striking subparagraph (F);(D)by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and(E)in subparagraph (H), as so redesignated, by striking submission of this petition and inserting submission of this document;(2)in paragraph (2)—(A)by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively;(B)by inserting before subparagraph (C), as so redesignated, the following:(A)

In general

A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence.(B)

Timely submission of citizen petition

A petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement.;(C)in subparagraph (C), as so redesignated—(i)in the heading, by striking within 150 days;(ii)in clause (i), by striking during the 150-day period referred to in paragraph (1)(F),; and(iii)by amending clause (ii) to read as follows:(ii)on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision.;(D)by amending subparagraph (D), as so redesignated, to read as follows:(D)

Dismissal of certain civil actions

(i)

Petition

If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.(ii)

Timeliness

If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition.(iii)

Final response

If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.; and(E)in clause (iii) of subparagraph (E), as so redesignated, by striking as defined under subparagraph (2)(A) and inserting within the meaning of subparagraph (C); and(3)in paragraph (4)—(A)by striking Exceptions in the paragraph heading and all that follows through This subsection does and inserting Exceptions.—This subsection does;(B)by striking subparagraph (B); and(C)by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.

1088.

Reauthorization of voluntary registry for firefighter cancer incidence

Section 2(h) of the Firefighter Cancer Registry Act of 2018 (42 U.S.C. 280e–5(h)) is amended by striking $2,500,000 for each of the fiscal years 2018 through 2022 and inserting $5,500,000 for each of fiscal years 2024 through 2028.

1089.

Requirement for unqualified opinion on financial statement

The Secretary of Defense shall ensure that the Department of Defense has received an unqualified opinion on its financial statements by October 1, 2027.

1090.

Briefing on Air National Guard active associations

Not later than November 1, 2023, the Secretary of the Air Force shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the potential increase in air refueling capacity and cost savings, including manpower, to be achieved by making all Air National Guard KC–135 units active associations.

1090A.

Informing Consumers about Smart Devices Act

(a)

Required disclosure of a camera or recording capability in certain internet-connected devices

Each manufacturer of a covered device shall disclose, clearly and conspicuously and prior to purchase, whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. (b)

Enforcement by the Federal Trade Commission

(1)

Unfair or deceptive acts or practices

A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).(2)

Actions by the Commission

(A)

In general

The Federal Trade Commission (in this section referred to as the Commission) shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.(B)

Penalties and privileges

Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(C)

Savings clause

Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (3)

Commission guidance

Not later than 180 days after the date of enactment of this section, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this section, including guidance about best practices for making the disclosure required by subsection (a) as clear and conspicuous and age appropriate as practicable and about best practices for the use of a pictorial (as defined in section 2(a) of the Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a))) visual representation of the information to be disclosed.(4)

Tailored guidance

A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of subsection (a) consistent with existing rules of practice or any successor rules. (5)

Limitation on Commission Guidance

No guidance issued by the Commission with respect to this section shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this section, the Commission shall allege a specific violation of a provision of this section. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate subsection (a).(c)

Definition of covered device

In this section, the term covered device—(1)means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is capable of connecting to the internet, a component of which is a camera or microphone; and(2)does not include—(A)a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera;(B)any device that is specifically marketed as a camera, telecommunications device, or microphone; or(C)any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 (47 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder.(d)

Effective date

This section shall apply to all covered devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under subsection (b)(3), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

1090B.

Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training

(a)

Short title

This section may be cited as the Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023.(b)

Formal process for conduct of annual analysis of training needs based on trends

Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, shall establish a formal process to analyze, on an annual basis, training needs of employees of the Department who review claims for disability compensation for service-connected post-traumatic stress disorder, based on identified processing error trends.(c)

Formal process for conduct of annual studies to support annual analysis

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the process established under subsection (b).(2)

Elements

Each study conducted under paragraph (1) shall cover the following:(A)Military post-traumatic stress disorder stressors.(B)Decision-making claims for claims processors.

1090C.

U.S. Hostage and Wrongful Detainee Day Act of 2023

(a)

Short title

This section may be cited as the U.S. Hostage and Wrongful Detainee Day Act of 2023.(b)

Designation

(1)

Hostage and Wrongful Detainee Day

(A)

In general

Chapter 1 of title 36, United States Code, is amended—(i)by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and(ii)by adding at the end the following:

148.

U.S. Hostage and Wrongful Detainee Day

(a)

Designation

March 9 is U.S. Hostage and Wrongful Detainee Day.(b)

Proclamation

The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.

.(B)

Technical and conforming amendment

The table of sections for chapter 1 of title 36, United States Code, is amended by striking the item relating to the second section 146 and inserting the following new items:147. Choose Respect Day.148. U.S. Hostage and Wrongful Detainee Day..(2)

Hostage and Wrongful Detainee flag

(A)

In general

Chapter 9 of title 36, United States Code, is amended by adding at the end the following new section:

904.

Hostage and Wrongful Detainee flag

(a)

Designation

The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad.(b)

Required display

(1)

In general

The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2).(2)

Days specified

The days specified in this paragraph are the following:(A)U.S. Hostage and Wrongful Detainee Day, March 9.(B)Flag Day, June 14.(C)Independence Day, July 4.(D)Any day on which a citizen or lawful permanent resident of the United States—(i)returns to the United States from being held hostage or wrongfully detained abroad; or (ii)dies while being held hostage or wrongfully detained abroad.(3)

Locations specified

The locations specified in this paragraph are the following:(A)The Capitol. (B)The White House.(C)The buildings containing the official office of—(i)the Secretary of State; and(ii)the Secretary of Defense.(c)

Display To be in a manner visible to the public

Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d)

Limitation

This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.

.(B)

Technical and conforming amendment

The table of sections for chapter 9 of title 36, United States Code, is amended by adding at the end the following:904. Hostage and Wrongful Detainee flag..

1090D.

Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities

(a)

In general

During the period beginning on the date that is 30 days after the date of the enactment of this section, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c).(b)

Contract described

A contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.(c)

List required

(1)

In general

Not later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, and the Administrator of the Federal Aviation Administration shall make available to the Administrator of the Federal Aviation Administration a publicly-available a list of entities manufacturing airport passenger boarding infrastructure or equipment that—(A)are owned, directed by, or subsidized in whole, or in part by the People’s Republic of China;(B)have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States;(C)own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A);(D)own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or(E)have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A).(2)

Updates to list

The United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Administrator of the Federal Aviation Administration, in consultation with the Attorney General—(A)not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and(B)not less frequently than annually thereafter.(d)

Definitions

In this section, the definitions in section 47102 of title 49, United States Code, shall apply.

1090E.

Conduct of winter season reconnaissance of atmospheric rivers in the western United States

(a)

Conduct of reconnaissance

(1)

In general

Subject to the availability of appropriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, personnel, and equipment necessary to meet the mission requirements of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the National Oceanic and Atmospheric Administration if those aircraft, personnel, and equipment are not otherwise needed for hurricane monitoring and response.(2)

Activities

In carrying out paragraph (1), the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and appropriate line offices of the National Oceanic and Atmospheric Administration, may—(A)improve the accuracy and timeliness of observations to support the forecast and warning services of the National Weather Service for the coasts of the United States;(B)collect data in data-sparse regions where conventional, upper-air observations are lacking;(C)support water management decisions and flood forecasting through the execution of targeted airborne dropsonde, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, including enhanced assimilation of the data from those observations over the eastern, central, and western north Pacific Ocean, the Gulf of Mexico, and the western Atlantic Ocean to improve forecasts of large storms for civil authorities and military decision makers;(D)participate in the research and operations partnership that guides flight planning and uses research methods to improve and expand the capabilities and effectiveness of weather reconnaissance over time; and(E)undertake such other additional activities as the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, considers appropriate to further prediction of dangerous weather events.(b)

Reports

(1)

Air Force

(A)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress a comprehensive report on the resources necessary for the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to continue to support, through December 31, 2035—(i)the National Hurricane Operations Plan;(ii)the National Winter Season Operations Plan; and(iii)any other operational requirements relating to weather reconnaissance.(B)

Appropriate committees of Congress

In this paragraph, the term appropriate committees of Congress means—(i)the Committee on Armed Services of the Senate;(ii)the Subcommittee on Defense of the Committee on Appropriations of the Senate;(iii)the Committee on Commerce, Science, and Transportation of the Senate;(iv)the Committee on Science, Space, and Technology of the House of Representatives;(v)the Committee on Armed Services of the House of Representatives; and(vi)the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.(2)

Commerce

Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive report on the resources necessary for the National Oceanic and Atmospheric Administration to continue to support, through December 31, 2035—(A)the National Hurricane Operations Plan;(B)the National Winter Season Operations Plan; and(C)any other operational requirements relating to weather reconnaissance.

1090F.

National Cold War Center designation

(a)

Purposes

The purposes of this section are—(1)to designate the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as a National Cold War Center;(2)to recognize the preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center;(3)to enhance the knowledge of the American people of the experience of the United States during the Cold War years; and(4)to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond.(b)

Designation

(1)

In general

The museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is designated as a National Cold War Center.(2)

Rule of construction

Nothing in this section shall preclude the designation of other national centers or museums in the United States interpreting the Cold War.(c)

Effect of designation

The National Cold War Center designated by this section is not a unit of the National Park System, and the designation of the center as a National Cold War Center shall not be construed to require or permit Federal funds to be expended for any purpose related to the designation made by this section.

1090G.

Semiconductor program

Title XCIX of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et seq.) is amended— (1)in section 9902 (15 U.S.C. 4652)—(A)by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and(B)by inserting after subsection (g) the following:(h)

Authority relating to environmental review

(1)

In general

Notwithstanding any other provision of law, the provision by the Secretary of Federal financial assistance for a project described in this section that satisfies the requirements under subsection (a)(2)(C)(i) of this section shall not be considered to be a major Federal action under NEPA or an undertaking for the purposes of division A of subtitle III of title 54, United States Code, if—(A)the activity described in the application for that project has commenced not later than 1 year after the date of enactment of the National Defense Authorization Act for Fiscal Year 2024;(B)the Federal financial assistance provided is in the form of a loan or loan guarantee; or(C)the Federal financial assistance provided, excluding any loan or loan guarantee, comprises not more than 10 percent of the total estimated cost of the project.(2)

Savings clause

Nothing in this subsection may be construed as altering whether an activity described in subparagraph (A), (B), or (C) of paragraph (1) is considered to be a major Federal action under NEPA, or an undertaking under division A of subtitle III of title 54, United States Code, for a reason other than that the activity is eligible for Federal financial assistance provided under this section.; and(2)in section 9909 (15 U.S.C. 4659), by adding at the end the following:(c)

Lead Federal agency and cooperating agencies

(1)

Definition

In this subsection, the term lead agency has the meaning given the term in section 111 of NEPA. (2)

Option to serve as lead agency

With respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an authorization or take action for or relating to that covered activity, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity under NEPA.(d)

Categorical exclusions

(1)

Establishment of categorical exclusions

Each of the following categorical exclusions is established for the National Institute of Standards and Technology with respect to a covered activity and, beginning on the date of enactment of this subsection, is available for use by the Secretary with respect to a covered activity:(A)Categorical exclusion 17.04.d (relating to the acquisition of machinery and equipment) in the document entitled EDA Program to Implement the National Environmental Policy Act of 1969 and Other Federal Environmental Mandates As Required (Directive No. 17.02–2; effective date October 14, 1992).(B)Categorical exclusion A9 in Appendix A to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation.(C)Categorical exclusions B1.24, B1.31, B2.5, and B5.1 in Appendix B to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation.(D)The categorical exclusions described in paragraphs (4) and (13) of section 50.19(b) of title 24, Code of Federal Regulations, or any successor regulation.(E)Categorical exclusion (c)(1) in Appendix B to part 651 of title 32, Code of Federal Regulations, or any successor regulation.(F)Categorical exclusions A2.3.8 and A2.3.14 in Appendix B to part 989 of title 32, Code of Federal Regulations, or any successor regulation. (2)

Additional categorical exclusions

Notwithstanding any other provision of law, each of the following shall be treated as a category of action categorically excluded from the requirements relating to environmental assessments and environmental impact statements under section 1501.4 of title 40, Code of Federal Regulations, or any successor regulation:(A)The provision by the Secretary of any Federal financial assistance for a project described in section 9902, if the facility that is the subject of the project is on or adjacent to a site—(i)that is owned or leased by the covered entity to which Federal financial assistance is provided for that project; and(ii)on which, as of the date on which the Secretary provides that Federal financial assistance, substantially similar construction, expansion, or modernization is being or has been carried out, such that the facility would not more than double existing developed acreage or on-site supporting infrastructure.(B)The provision by the Secretary of Defense of any Federal financial assistance relating to—(i)the creation, expansion, or modernization of one or more facilities described in the second sentence of section 9903(a)(1); or(ii)carrying out section 9903(b), as in effect on the date of enactment of this subsection.(C)Any activity undertaken by the Secretary relating to carrying out section 9906, as in effect on the date of enactment of this subsection.(e)

Incorporation of prior planning decisions

(1)

Definition

In this subsection, the term prior studies and decisions means baseline data, planning documents, studies, analyses, decisions, and documentation that a Federal agency has completed for a project (or that have been completed under the laws and procedures of a State or Indian Tribe), including for determining the reasonable range of alternatives for that project.(2)

Reliance on prior studies and decisions

In completing an environmental review under NEPA for a covered activity, the Secretary may consider and, as appropriate, rely on or adopt prior studies and decisions, if the Secretary determines that—(A)those prior studies and decisions meet the standards for an adequate statement, assessment, or determination under applicable procedures of the Department of Commerce implementing the requirements of NEPA;(B)in the case of prior studies and decisions completed under the laws and procedures of a State or Indian Tribe, those laws and procedures are of equal or greater rigor than those of each applicable Federal law, including NEPA, implementing procedures of the Department of Commerce; or(C)if applicable, the prior studies and decisions are informed by other analysis or documentation that would have been prepared if the prior studies and decisions were prepared by the Secretary under NEPA.(f)

Definitions

In this section:(1)

Covered activity

The term covered activity means any activity relating to the construction, expansion, or modernization of a facility, the investment in which is eligible for Federal financial assistance under section 9902 or 9906.(2)

NEPA

The term NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)..

1090H.

Prohibition of demand for bribe

Section 201 of title 18, United States Code, is amended—(1)in subsection (a)—(A)in paragraph (2), by striking and at the end;(B)in paragraph (3), by striking the period at the end and inserting a semicolon; and(C)by adding at the end the following:(4)the term foreign official means—(A)(i)any official or employee of a foreign government or any department, agency, or instrumentality thereof; or(ii)any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation;(B)any official or employee of a public international organization;(C)any person acting in an official capacity for or on behalf of—(i)a government, department, agency, or instrumentality described in subparagraph (A)(i); or(ii)a public international organization; or(D)any person acting in an unofficial capacity for or on behalf of—(i)a government, department, agency, or instrumentality described in subparagraph (A)(i); or(ii)a public international organization; and (5)the term public international organization means—(A)an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or(B)any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register.; and(2)by adding at the end the following:(f)

Prohibition of demand for a bribe

(1)

Offense

It shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for any other person or nongovernmental entity, by making use of the mails or any means or instrumentality of interstate commerce, from any person (as defined in section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–3), except that that definition shall be applied without regard to whether the person is an offender) while in the territory of the United States, from an issuer (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), or from a domestic concern (as defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2)), in return for—(A)being influenced in the performance of any official act;(B)being induced to do or omit to do any act in violation of the official duty of such foreign official or person; or(C)conferring any improper advantage,in connection with obtaining or retaining business for or with, or directing business to, any person.(2)

Penalties

Any person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both.(3)

Jurisdiction

An offense under paragraph (1) shall be subject to extraterritorial Federal jurisdiction.(4)

Report

Not later than 1 year after the date of enactment of the Foreign Extortion Prevention Act, and annually thereafter, the Attorney General, in consultation with the Secretary of State as relevant, shall submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives, and post on the publicly available website of the Department of Justice, a report—(A)focusing, in part, on demands by foreign officials for bribes from entities domiciled or incorporated in the United States, and the efforts of foreign governments to prosecute such cases;(B)addressing United States diplomatic efforts to protect entities domiciled or incorporated in the United States from foreign bribery, and the effectiveness of those efforts in protecting such entities;(C)summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed;(D)evaluating the effectiveness of the Department of Justice in enforcing this section; and(E)detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section.(5)

Rule of construction

This subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd–1) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd–3) whether pursuant to a theory of direct liability, conspiracy, complicity, or otherwise..

1090I.

Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams

(a)

Findings

Congress finds the following:(1)In 2010, the Commander of United States Special Operations Command established the Cultural Support Team Program to overcome significant intelligence gaps during the Global War on Terror.(2)From 2010 through 2021, approximately 310 female members, from every Armed Force, passed and were selected as members of female cultural support teams, and deployed with special operations forces.(3)Members of female cultural support teams served honorably, demonstrated commendable courage, overcame such intelligence gaps, engaged in direct action, and suffered casualties during the Global War on Terror.(4)The Federal Government has a duty to recognize members and veterans of female cultural support teams who volunteered to join the Armed Forces, to undergo arduous training for covered service, and to execute dangerous and classified missions in the course of such covered service.(5)Members who performed covered service have sought treatment from the Department of Veterans Affairs for traumatic brain injuries, post-traumatic stress, and disabling physical trauma incurred in the course of such covered service, but have been denied such care.(b)

Sense of Congress

It is the Sense of Congress that—(1)individuals who performed covered service performed exceptional service to the United States; and(2)the Secretary of Defense should ensure that the performance of covered service is included in the military service record of each individual who performed covered service so that those with service-connected injuries can receive proper care and benefits for their service.(c)

Secretary of Defense study and report

(1)

In general

Not later than March 31, 2024, the Secretary of Defense shall—(A)carry out a study on the treatment of covered service for purposes of retired pay under laws administered by the Secretary; and(B)submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1).(2)

List

The report submitted under paragraph (1)(B) shall include a list of each individual who performed covered service whose military service record should be modified on account of covered service.(d)

Secretary of Veterans Affairs study and report

(1)

In general

Not later than March 31, 2024, the Secretary of Veterans Affairs shall—(A)carry out a study on the treatment of covered service for purposes of compensation under laws administered by the Secretary; and(B)submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1).(2)

Contents

The report submitted under paragraph (1)(B) shall include the following:(A)A list of each veteran who performed covered service whose claim for disability compensation under a law administered by the Secretary was denied due to the inability of the Department of Veterans Affairs to determine the injury was service-connected.(B)An estimate of the cost that would be incurred by the Department to provide veterans described in subparagraph (A) with the health care and benefits they are entitled to under the laws administered by the Secretary on account of their covered service.(e)

Definitions

In this section:(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—(A)the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and(B)the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives.(2)

Covered service

The term covered service means service—(A)as a member of the Armed Forces;(B)in a female cultural support team; (C)with the personnel development skill identifier of R2J or 5DK, or any other validation methods, such as valid sworn statements, officer and enlisted performance evaluations, training certificates, or records of an award from completion of tour with a cultural support team; and(D)during the period beginning on January 1, 2010, and ending on August 31, 2021.

1090J.

Global cooperative framework to end human rights abuses in sourcing critical minerals

(a)

In general

The Secretary of State shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses, including the exploitation of forced labor and child labor, related to the mining and sourcing of critical minerals.(b)

Implementation report

The Secretary shall lead the development of an annual global report on the implementation of the framework under subsection (a), including progress and recommendations to fully end human rights abuses, including the exploitation of forced labor and child labor, related to the extraction of critical minerals around the world.(c)

Consultations

The Secretary shall consult closely on a timely basis with the following with respect to developing and implementing the framework under subsection (a):(1)The Forced Labor Enforcement Task Force established under section 741 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4681); and(2)Congress.(d)

Relationship to United States law

Nothing in the framework under subsection (a) shall be construed—(1)to amend or modify any law of the United States; or(2)to limit any authority conferred under any law of the United States. (e)

Extractive Industries Transparency Initiative and Certain Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act

Nothing in this section shall—(1)affect the authority of the President to take any action to join and subsequently comply with the terms and obligations of the Extractive Industries Transparency Initiative (EITI); or(2)affect section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 78m note), or subsection (q) of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as added by section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203; 124 Stat. 2220), or any rule prescribed under either such section. (f)

Critical mineral defined

In this section, the term critical mineral has the meaning given the term in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

1090K.

Readmission requirements for servicemembers

Section 484C(a) of the Higher Education Act of 1965 (20 U.S.C. 1091c(a)) is amended to read as follows:(a)

Definition of Service in the Uniformed Services

In this section, the term service in the uniformed services means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve..

H

Drone security

1091.

Short title

This subtitle may be cited as the American Security Drone Act of 2023.

1092.

Definitions

In this subtitle:(1)

Covered foreign entity

The term covered foreign entity means an entity included on a list developed and maintained by the Federal Acquisition Security Council and published in the System for Award Management (SAM). This list will include entities in the following categories:(A)An entity included on the Consolidated Screening List.(B)Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security.(C)Any entity the Secretary of Homeland Security, in coordination with the Attorney General, Director of National Intelligence, and the Secretary of Defense, determines poses a national security risk.(D)Any entity domiciled in the People’s Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security.(E)Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D).(2)

Covered unmanned aircraft system

The term covered unmanned aircraft system has the meaning given the term unmanned aircraft system in section 44801 of title 49, United States Code.(3)

Intelligence; intelligence community

The terms intelligence and intelligence community have the meanings given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

1093.

Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities

(a)

In general

Except as provided under subsections (b) through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements.(b)

Exemption

The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement is required in the national interest of the United States and—(1)is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;(2)is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or(3)is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.(c)

Department of Transportation and Federal Aviation Administration exemption

The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d)

National Transportation Safety Board exemption

The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations.(e)

National Oceanic and Atmospheric Administration exemption

The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.(f)

Waiver

The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis—(1)with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and(2)upon notification to—(A)the Committee on Homeland Security and Governmental Affairs of the Senate;(B)the Committee on Oversight and Reform in the House of Representatives; and(C)other appropriate congressional committees of jurisdiction.

1094.

Prohibition on operation of covered unmanned aircraft systems from covered foreign entities

(a)

Prohibition

(1)

In general

Beginning on the date that is two years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity.(2)

Applicability to contracted services

The prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems.(b)

Exemption

The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the operation is required in the national interest of the United States and—(1)is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;(2)is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or(3)is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.(c)

Department of Transportation and Federal Aviation Administration exemption

The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee.(d)

National Transportation Safety Board exemption

The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation is necessary for the sole purpose of conducting safety investigations.(e)

National Oceanic and Atmospheric Administration exemption

The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.(f)

Waiver

The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis—(1)with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and(2)upon notification to—(A)the Committee on Homeland Security and Governmental Affairs of the Senate;(B)the Committee on Oversight and Reform in the House of Representatives; and(C)other appropriate congressional committees of jurisdiction.(g)

Regulations and guidance

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Transportation, shall prescribe regulations or guidance to implement this section.

1095.

Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities

(a)

In general

Beginning on the date that is two years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used—(1)to procure a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or(2)in connection with the operation of such a drone or unmanned aircraft system.(b)

Exemption

The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement or operation is required in the national interest of the United States and—(1)is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology;(2)is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or(3)is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official.(c)

Department of Transportation and Federal Aviation Administration exemption

The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d)

National Oceanic and Atmospheric Administration exemption

The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission.(e)

Waiver

The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis—(1)with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and(2)upon notification to—(A)the Committee on Homeland Security and Governmental Affairs of the Senate;(B)the Committee on Oversight and Reform in the House of Representatives; and(C)other appropriate congressional committees of jurisdiction.(f)

Regulations

Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts.

1096.

Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities

Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity.

1097.

Management of existing inventories of covered unmanned aircraft systems from covered foreign entities

(a)

In general

All executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, within one year of the date of enactment of this Act, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items’ capabilities.(b)

Classified tracking

Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level, as determined by the Secretary of Homeland Security or the Secretary’s designee. (c)

Exceptions

The Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Transportation, and the National Oceanic and Atmospheric Administration may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues, or that are one-time-use covered unmanned aircraft due to requirements and low cost.

1098.

Comptroller General report

Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities.

1099.

Government-wide policy for procurement of unmanned aircraft systems

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of an unmanned aircraft system—(1)for non-Department of Defense and non-intelligence community operations; and(2)through grants and cooperative agreements entered into with non-Federal entities.(b)

Information security

The policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing, and transmitting Federal information in an unmanned aircraft system:(1)Protections to ensure controlled access to an unmanned aircraft system.(2)Protecting software, firmware, and hardware by ensuring changes to an unmanned aircraft system are properly managed, including by ensuring an unmanned aircraft system can be updated using a secure, controlled, and configurable mechanism.(3)Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information.(4)Appropriate safeguards necessary to protect sensitive information, including during and after use of an unmanned aircraft system.(5)Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations.(6)The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required.(c)

Requirement

The policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of an unmanned aircraft system.(d)

Revision of acquisition regulations

Not later than 180 days after the date on which the policy required under subsection (a) is issued—(1)the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and(2)any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy.(e)

Exemption

In developing the policy required under subsection (a), the Director of the Office of Management and Budget shall—(1)incorporate policies to implement the exemptions contained in this subtitle; and(2)incorporate an exemption to the policy in the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination—(A)may not be delegated below the level of the Deputy Secretary, or Administrator, of the procuring department or agency;(B)shall specify—(i)the quantity of end items to which the waiver applies and the procurement value of those items; and(ii)the time period over which the waiver applies, which shall not exceed three years;(C)shall be reported to the Office of Management and Budget following issuance of such a determination; and(D)not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.

1099A.

State, local, and territorial law enforcement and emergency service exemption

(a)

Rule of construction

Nothing in this subtitle shall prevent a State, local, or territorial law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal dollars.(b)

Continuity of arrangements

The Federal Government may continue entering into contracts, grants, and cooperative agreements or other Federal funding instruments with State, local, or territorial law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section 1095.

1099B.

Study

(a)

Study on the Supply Chain for Unmanned Aircraft Systems and Components

(1)

Report required

Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems.(2)

Elements

The report under paragraph (1) shall include the following:(A)A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity.(B)A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries.(C)The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and partnerships with the National Aeronautics and Space Administration and other interested persons.(D)Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate.(3)

Appropriate congressional committees defined

In this section the term appropriate congressional committees means:(A)The Committees on Armed Services of the Senate and the House of Representatives.(B)The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.(C)The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.(D)The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.(E)The Committee on Transportation and Infrastructure of the House of Representatives. (F)The Committee on Homeland Security of the House of Representatives.

1099C.

Exceptions

(a)

Exception for wildfire management operations and search and rescue operations

The appropriate Federal agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of wildfire management operations or search and rescue operations. (b)

Exception for intelligence activities

The elements of the intelligence community, in consultation with the Director of National Intelligence, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting intelligence activities.(c)

Exception for tribal law enforcement or emergency service agency

Tribal law enforcement or Tribal emergency service agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement, operation, and purchase restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of law enforcement operations or search and rescue operations on Indian lands.

1099D.

Sunset

Sections 1093, 1094, and 1095 shall cease to have effect on the date that is five years after the date of the enactment of this Act.

I

Radiation Exposure Compensation Act

I

Manhattan Project waste

1099AA.

Claims relating to Manhattan Project waste

(a)

Short title

This section may be cited as the Radiation Exposure Compensation Expansion Act.(b)

Claims relating to Manhattan Project waste

The Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) is amended by inserting after section 5 the following:

5A.

Claims relating to Manhattan Project waste

(a)

In general

A claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if—(1)a claim for compensation is filed with the Attorney General—(A)by an individual described in paragraph (2); or(B)on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as—(i)an executor of estate of that individual; or(ii)a legal guardian or conservator of that individual;(2)that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual—(A)was physically present in an affected area for a period of at least 2 years after January 1, 1949; and(B)contracted a specified disease after such period of physical presence;(3)the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and(4)the Attorney General determines that the claimant has satisfied the applicable requirements of this Act.(b)

Losses available to living affected individuals

(1)

In general

In the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2).(2)

Losses due to medical expenses

A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through—(A)any public or private health insurance;(B)any employee health insurance;(C)any workers’ compensation program; or(D)any other public, private, or employee health program or benefit.(c)

Payments to beneficiaries of deceased individuals

In the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim—(1)a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or(2)in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child.(d)

Affected area

For purposes of this section, the term affected area means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367.(e)

Specified disease

For purposes of this section, the term specified disease means any of the following:(1)Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure.(2)Any of the following diseases, provided that the onset was at least 2 years after the initial exposure:(A)Multiple myeloma.(B)Lymphoma, other than Hodgkin’s disease.(C)Type 1 or type 2 diabetes.(D)Systemic lupus erythematosus.(E)Multiple sclerosis.(F)Hashimoto’s disease.(G)Primary cancer of the—(i)thyroid;(ii)male or female breast;(iii)esophagus;(iv)stomach;(v)pharynx;(vi)small intestine;(vii)pancreas;(viii)bile ducts;(ix)gall bladder;(x)salivary gland;(xi)urinary bladder;(xii)brain;(xiii)colon;(xiv)ovary;(xv)liver, except if cirrhosis or hepatitis B is indicated; (xvi)lung;(xvii)bone; or(xviii)kidney.(f)

Physical presence

For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area.(g)

Disease contraction in affected areas

For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease.

.

II

Compensation for workers involved in uranium mining

1099BB.

Short title

This part may be cited as the Radiation Exposure Compensation Act Amendments of 2023.

1099CC.

References

Except as otherwise specifically provided, whenever in this part an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note).

1099DD.

Extension of fund

Section 3(d) is amended—(1)by striking the first sentence and inserting The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023.; and(2)by striking 2-year and inserting 19-year.

1099EE.

Claims relating to atmospheric testing

(a)

Leukemia claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific

Section 4(a)(1)(A) is amended—(1)in clause (i)—(A)in subclause (I), by striking October 31, 1958 and inserting November 6, 1962;(B)in subclause (II)—(i)by striking in the affected area and inserting in an affected area; and(ii)by striking or after the semicolon;(C)by redesignating subclause (III) as subclause (V); and(D)by inserting after subclause (II) the following:(III)was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (IV)was physically present in an affected area—(aa)for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or(bb)for the period beginning on April 25, 1962, and ending on November 6, 1962; or; and(2)in clause (ii)(I), by striking physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) and inserting physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V).(b)

Amounts for claims related to leukemia

Section 4(a)(1) is amended—(1)in subparagraph (A), by striking an amount and inserting the amount; and(2)by striking subparagraph (B) and inserting the following:(B)

Amount

If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000..(c)

Conditions for claims related to leukemia

Section 4(a)(1)(C) is amended—(1)by striking clause (i); and(2)by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively.(d)

Specified diseases claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific

Section 4(a)(2) is amended—(1)in subparagraph (A)—(A)by striking in the affected area and inserting in an affected area; (B)by striking 2 years and inserting 1 year; and(C)by striking October 31, 1958 and inserting November 6, 1962;(2)in subparagraph (B)— (A)by striking in the affected area and inserting in an affected area; and(B)by striking or at the end;(3)by redesignating subparagraph (C) as subparagraph (E); and(4)by inserting after subparagraph (B) the following:(C)was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (D)was physically present in an affected area—(i)for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or(ii)for the period beginning on April 25, 1962, and ending on November 6, 1962; or. (e)

Amounts for claims related to specified diseases

Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking $50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), and inserting $150,000.(f)

Medical Benefits

Section 4(a) is amended by adding at the end the following:(5)

Medical Benefits

An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t)..(g)

Downwind States

Section 4(b)(1) is amended to read as follows:(1)affected area means—(A)except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; (B)with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and(C)with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam..(h)

Chronic lymphocytic leukemia as a specified disease

Section 4(b)(2) is amended by striking other than chronic lymphocytic leukemia and inserting including chronic lymphocytic leukemia.

1099FF.

Claims relating to uranium mining

(a)

Employees of mines and mills

Section 5(a)(1)(A)(i) is amended—(1)by inserting (I) after (i);(2)by striking December 31, 1971; and and inserting December 31, 1990; or; and(3)by adding at the end the following:(II)was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and.(b)

Miners

Section 5(a)(1)(A)(ii)(I) is amended by inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after nonmalignant respiratory disease.(c)

Millers, core drillers, and ore transporters

Section 5(a)(1)(A)(ii)(II) is amended—(1)by inserting , core driller, after was a miller;(2)by inserting , or was involved in remediation efforts at such a uranium mine or uranium mill, after ore transporter;(3)by inserting (I) after clause (i); and(4)by striking all that follows nonmalignant respiratory disease and inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or.(d)

Combined work histories

Section 5(a)(1)(A)(ii) is further amended—(1)by striking or at the end of subclause (I); and(2)by adding at the end the following:(III)(aa)does not meet the conditions of subclause (I) or (II);(bb)worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter;(cc)meets the requirements of paragraph (4) or (5), or both; and(dd)submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb);.(e)

Dates of operation of uranium mine

Section 5(a)(2)(A) is amended by striking December 31, 1971 and inserting December 31, 1990.(f)

Special rules relating to combined work histories

Section 5(a) is amended by adding at the end the following:(4)

Special rule relating to combined work histories for individuals with at least one year of experience

An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I).(5)

Special rule relating to combined work histories for miners

An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4)..(g)

Definition of Core driller

Section 5(b) is amended—(1)by striking and at the end of paragraph (7);(2)by striking the period at the end of paragraph (8) and inserting ; and; and(3)by adding at the end the following:(9)the term core driller means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium..

1099GG.

Expansion of use of affidavits in determination of claims; regulations

(a)

Affidavits

Section 6(b) is amended by adding at the end the following:(3)

Affidavits

(A)

Employment History

For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit—(i)is provided in addition to other material that may be used to substantiate the employment history of the individual;(ii)attests to the employment history of the individual;(iii)is made subject to penalty for perjury; and(iv)is made by a person other than the individual filing the claim.(B)

Physical Presence in Affected Area

For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit—(i)is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period;(ii)attests to the individual’s presence in an affected area during that period;(iii)is made subject to penalty for perjury; and(iv)is made by a person other than the individual filing the claim.(C)

Participation at Testing Site

For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit—(i)is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device;(ii)attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device;(iii)is made subject to penalty for perjury; and(iv)is made by a person other than the individual filing the claim..(b)

Technical and conforming amendments

Section 6 is amended—(1)in subsection (b)(2)(C), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E);(2)in subsection (c)(2)—(A)in subparagraph (A)—(i)in the matter preceding clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4; and(ii)in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4; and(B)in subparagraph (B), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(E); and(3)in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4.(c)

Regulations

(1)

In general

Section 6(k) is amended by adding at the end the following: Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, the Attorney General shall issue revised regulations to carry out this Act..(2)

Considerations in revisions

In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note), as amended under paragraph (1), the Attorney General shall ensure that procedures with respect to the submission and processing of claims under such Act take into account and make allowances for the law, tradition, and customs of Indian tribes, including by accepting as a record of proof of physical presence for a claimant a grazing permit, a homesite lease, a record of being a holder of a post office box, a letter from an elected leader of an Indian tribe, or a record of any recognized tribal association or organization.

1099HH.

Limitation on claims

(a)

Extension of filing time

Section 8(a) is amended—(1)by striking 2 years and inserting 19 years; and(2)by striking 2022 and inserting 2023.(b)

Resubmittal of claims

Section 8(b) is amended to read as follows:(b)

Resubmittal of claims

(1)

Denied claims

After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023 shall not be applied to the limitation under the preceding sentence.(2)

Previously successful claims

(A)

In general

After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain—(i)the claimant’s name, social security number, and date of birth;(ii)the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023;(iii)any additional benefits and compensation sought through such request; and(iv)any additional information required by the Attorney General.(B)

Additional Compensation

If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 and submits a request under subparagraph (A), the Attorney General shall—(i)pay the claimant the amount that is equal to any excess of—(I)the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2023); minus(II)the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023; and(ii)in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5)..

1099II.

Grant program on epidemiological impacts of uranium mining and milling

(a)

Definitions

In this section—(1)the term institution of higher education has the meaning given under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001);(2)the term program means the grant program established under subsection (b); and(3)the term Secretary means the Secretary of Health and Human Services.(b)

Establishment

The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers.(c)

Administration

The Secretary shall administer the program through the National Institute of Environmental Health Sciences.(d)

Eligibility and application

Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require.(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2024 through 2026.

1099JJ.

Energy Employees Occupational Illness Compensation Program

(a)

Covered employees with cancer

Section 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(9)) is amended by striking subparagraph (A) and inserting the following:(A)An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if—(i)that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or(ii)that individual—(I)contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and(II)was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990..(b)

Members of Special Exposure Cohort

Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q) is amended—(1)in subsection (a), by striking paragraph (1) and inserting the following:(1)The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees—(A)at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and(B)employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.; and(2)by striking subsection (b) and inserting the following:(b)

Designation of additional members

(1)Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—(A)it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and(B)there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.(2)Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—(A)it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and(B)there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class..

J

Crypto assets

1099AAA.

Crypto asset anti-money laundering examination standards

Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Conference of State Bank Supervisors and Federal functional regulators, as defined in section 1010.100 of title 31, Code of Federal Regulations, shall establish a risk-focused examination and review process for financial institutions, as defined in that section, to assess the following relating to crypto assets, as determined by the Secretary:(1)The adequacy of reporting obligations and anti-money laundering programs under subsections (g) and (h) of section 5318 of title 31, United States Code, respectively as applied to those institutions.(2)Compliance of those institutions with anti-money laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 of title 31, United States Code.

1099BBB.

Combating anonymous crypto asset transactions

Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit a report and provide a briefing, as determined by the Secretary, to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that assess the following issues:(1)Categories of anonymity-enhancing technologies or services used in connection with crypto assets, such as mixers and tumblers, in use as of the date on which the report is submitted.(2)As data are available, estimates of the magnitude of transactions related to the categories in paragraph (1) that are believed to be connected, directly or indirectly, to illicit finance, including crypto asset transaction volumes associated with sanctioned entities and entities subject to special measures pursuant to section 5318A of title 31, United States Code, and a description of any limitations applicable to the data used in such estimates.(3)Categories of privacy-enhancing technologies or services used in connection with crypto assets in use as of the date on which the report is submitted.(4)Legislative and regulatory approaches employed by other jurisdictions relating to the technologies and services described in paragraphs (1) and (3).(5)Recommendations for legislation or regulation relating to the technologies and services described in paragraphs (1) and (3).

K

Combating Cartels on Social Media Act of 2023

1099AAAA.

Short title

This subtitle may be cited as the Combating Cartels on Social Media Act of 2023.

1099BBBB.

Definitions

In this subtitle:(1)

Appropriate congressional committees

The term appropriate congressional committees means—(A)the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate; and(B)the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives. (2)

Covered operator

The term covered operator means the operator, developer, or publisher of a covered service.(3)

Covered service

The term covered service means—(A)a social media platform;(B)a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093; and(C)a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093.(4)

Criminal enterprise

The term criminal enterprise has the meaning given the term continuing criminal enterprise in section 408 of the Controlled Substances Act (21 U.S.C. 848). (5)

Illicit activities

The term illicit activities means the following criminal activities that transcend national borders:(A)A violation of section 401 of the Controlled Substances Act (21 U.S.C. 841).(B)Narcotics trafficking, as defined in section 808 of the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1907).(C)Trafficking of weapons, as defined in section 922 of title 18, United States Code.(D)Migrant smuggling, defined as a violation of section 274(a)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)(ii)).(E)Human trafficking, defined as—(i)a violation of section 1590, 1591, or 1592 of title 18, United States Code; or (ii)engaging in severe forms of trafficking in persons, as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102).(F)Cyber crime, defined as a violation of section 1030 of title 18, United States Code.(G)A violation of any provision that is subject to intellectual property enforcement, as defined in section 302 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (15 U.S.C. 8112). (H)Bulk cash smuggling of currency, defined as a violation of section 5332 of title 31, United States Code.(I)Laundering the proceeds of the criminal activities described in subparagraphs (A) through (H). (6)

Transnational criminal organization

The term transnational criminal organization means groups, networks, and associated individuals who operate transnationally for the purposes of obtaining power, influence, or monetary or commercial gain, wholly or in part by certain illegal means, while advancing their activities through a pattern of crime, corruption, or violence, and while protecting their illegal activities through a transnational organizational structure and the exploitation of public corruption or transnational logistics, financial, or communication mechanisms.

1099CCCC.

Assessment of illicit usage

Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint assessment describing—(1)the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to engage in recruitment efforts, including the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; (2)the use of covered services by transnational criminal organizations to engage in illicit activities or conduct in support of illicit activities, including—(A)smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms;(B)human smuggling or trafficking, including the exploitation of children; and(C)transportation of bulk currency or monetary instruments in furtherance of smuggling activity; and(3)the existing efforts of the Secretary of Homeland Security, the Secretary of State, and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2).

1099DDDD.

Strategy to combat cartel recruitment on social media and online platforms

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States. (b)

Elements

(1)

In general

The strategy required under subsection (a) shall, at a minimum, include the following:(A)A proposal to improve cooperation and thereafter maintain cooperation between the Secretary of Homeland Security, the Secretary of State, and relevant law enforcement entities with respect to the matters described in subsection (a).(B)Recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations in the United States involving covered services. (C)A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department of Homeland Security, the Department of State, and State, Tribal, and local governments.(D)A proposal to improve coordination within the Department of Homeland Security and the Department of State and between the components of those Departments with respect to the matters described in subsection (a).(E)Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment to engage in or provide support with respect to illicit activities.(F)Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G)Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities.(H)A detailed description of the measures used to ensure—(i)law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations not individuals the transnational criminal organizations attempt to or successfully recruit; and(ii)the privacy rights, civil rights, and civil liberties protections in carrying out the activities described in clause (i), with a particular focus on the protections in place to protect minors and constitutionally protected activities. (2)

Limitation

The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a).(c)

Consultation

In drafting and implementing the strategy required under subsection (a), the Secretary of Homeland Security and the Secretary of State shall, at a minimum, consult and engage with—(1)the heads of relevant components of the Department of Homeland Security, including—(A)the Under Secretary for Intelligence and Analysis;(B)the Under Secretary for Strategy, Policy, and Plans;(C)the Under Secretary for Science and Technology;(D)the Commissioner of U.S. Customs and Border Protection;(E)the Director of U.S. Immigration and Customs Enforcement;(F)the Officer for Civil Rights and Civil Liberties;(G)the Privacy Officer; and(H)the Assistant Secretary of the Office for State and Local Law Enforcement;(2)the heads of relevant components of the Department of State, including—(A)the Assistant Secretary for International Narcotics and Law Enforcement Affairs;(B)the Assistant Secretary for Western Hemisphere Affairs; and(C)the Coordinator of the Global Engagement Center;(3)the Attorney General;(4)the Secretary of Health and Human Services; and(5)the Secretary of Education; and(6)as selected by the Secretary of Homeland Security, or his or her designee in the Office of Public Engagement, representatives of border communities, including representatives of—(A)State, Tribal, and local governments, including school districts and local law enforcement; and(B)nongovernmental experts in the fields of—(i)civil rights and civil liberties;(ii)online privacy;(iii)humanitarian assistance for migrants; and(iv)youth outreach and rehabilitation.(d)

Implementation

(1)

In general

Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary of Homeland Security and the Secretary of State shall commence implementation of the strategy.(2)

Report

(A)

In general

Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint report describing the efforts of the Secretary of Homeland Security and the Secretary of State to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of—(i)the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B);(ii)the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary of Homeland Security, the Secretary of State, other Federal entities, State, local, and Tribal entities, and foreign governments; and(iii)the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B)

Form

Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.(3)

Civil rights, civil liberties, and privacy assessment

Not later than 2 years after the date on which the strategy required under subsection (a) is implemented under paragraph (1), the Office for Civil Rights and Civil Liberties and the Privacy Office of the Department of Homeland Security shall submit to the appropriate congressional committees a joint report that includes—(A)a detailed assessment of the measures used to ensure the protection of civil rights, civil liberties, and privacy rights in carrying out this section; and(B)recommendations to improve the implementation of the strategy required under subsection (a). (4)

Rulemaking

Prior to implementation of the strategy required under subsection (a) at the Department of Homeland Security, the Secretary of Homeland Security shall issue rules to carry out this section in accordance with section 553 of title 5, United States Code.

1099EEEE.

Rule of construction

Nothing in this subtitle shall be construed to expand the statutory law enforcement or regulatory authority of the Department of Homeland Security or the Department of State.

1099FFFF.

No additional funds

No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle.

B

Military construction authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2024.

2002.

Expiration of authorizations and amounts required to be specified by law

(a)

Expiration of authorizations after three years

Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—(1)October 1, 2026; or(2)the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027.(b)

Exception

Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—(1)October 1, 2026; or(2)the date of the enactment of an Act authorizing funds for fiscal year 2027 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Effective date

Titles XXI through XXVII shall take effect on the later of—(1)October 1, 2023; or(2)the date of the enactment of this Act.

C

Department of Energy national security authorizations and other authorizations

D

Funding Tables

4001.

Authorization of amounts in funding tables

(a)

In general

Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.(b)

Merit-based decisions

A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—(1)be based on merit-based selection procedures in accordance with the requirements of sections 3201 and 4024 of title 10, United States Code, or on competitive procedures; and(2)comply with other applicable provisions of law.(c)

Relationship to transfer and programming authority

An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.(d)

Applicability to classified annex

This section applies to any classified annex that accompanies this Act.(e)

Oral or written communications

No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

E

Additional Provisions

F

Department of State Authorization Act of 2023

6001.

Short title; table of contents

(a)

Short title

This division may be cited as the Department of State Authorization Act of 2023.(b)

Table of contents

The table of contents for this division is as follows:DIVISION F—Department of State Authorization Act of 2023Sec. 6001. Short title; table of contents.Sec. 6002. Definitions.TITLE LXI—Diplomatic security and consular affairsSec. 6101. Special hiring authority for passport services.Sec. 6102. Quarterly report on passport wait times.Sec. 6103. Passport travel advisories.Sec. 6104. Strategy to ensure access to passport services for all Americans.Sec. 6105. Strengthening the National Passport Information Center.Sec. 6106. Strengthening passport customer visibility and transparency.Sec. 6107. Annual Office of Authentications report.Sec. 6108. Increased accountability in assignment restrictions and reviews.Sec. 6109. Suitability reviews for Foreign Service Institute instructors.Sec. 6110. Diplomatic security fellowship programs.TITLE LXII—Personnel mattersSubtitle A—Hiring, promotion, and developmentSec. 6201. Adjustment to promotion precepts.Sec. 6202. Hiring authorities.Sec. 6203. Extending paths to service for paid student interns.Sec. 6204. Lateral Entry Program.Sec. 6205. Mid-Career Mentoring Program.Sec. 6206. Report on the Foreign Service Institute’s language program .Sec. 6207. Consideration of career civil servants as chiefs of missions.Sec. 6208. Civil service rotational program.Sec. 6209. Reporting requirement on chiefs of mission.Sec. 6210. Report on chiefs of mission and deputy chiefs of mission.Sec. 6211. Protection of retirement annuity for reemployment by Department.Sec. 6212. Efforts to improve retention and prevent retaliation.Sec. 6213. National advertising campaign.Sec. 6214. Expansion of diplomats in residence programs.Subtitle B—Pay, benefits, and workforce mattersSec. 6221. Education allowance.Sec. 6222. Per diem allowance for newly hired members of the Foreign Service.Sec. 6223. Improving mental health services for foreign and civil servants.Sec. 6224. Emergency back-up care.Sec. 6225. Authority to provide services to non-chief of mission personnel.Sec. 6226. Exception for government-financed air transportation.Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies.Sec. 6228. Internet at hardship posts.Sec. 6229. Competitive local compensation plan.Sec. 6230. Supporting tandem couples in the Foreign Service.Sec. 6231. Accessibility at diplomatic missions.Sec. 6232. Report on breastfeeding accommodations overseas.Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers.Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories.TITLE LXIII—Information security and cyber diplomacySec. 6301. Data-informed diplomacy.Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program.Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State.Sec. 6304. Strengthening the Chief Information Officer of the Department of State.Sec. 6305. Sense of Congress on strengthening enterprise governance.Sec. 6306. Digital connectivity and cybersecurity partnership.Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund.Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack.TITLE LXIV—Organization and operationsSec. 6401. Personal services contractors.Sec. 6402. Hard-to-fill posts.Sec. 6403. Enhanced oversight of the Office of Civil Rights.Sec. 6404. Crisis response operations.Sec. 6405. Special Envoy to the Pacific Islands Forum.Sec. 6406. Special Envoy for Belarus.Sec. 6407. Overseas placement of special appointment positions.Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad.TITLE LXV—Economic diplomacySec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers.Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy.Sec. 6503. Chief of mission economic responsibilities.Sec. 6504. Direction to embassy deal teams.Sec. 6505. Establishment of a Deal Team of the Year award.TITLE LXVI—Public diplomacySec. 6601. Public diplomacy outreach.Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty.Sec. 6603. International broadcasting.Sec. 6604. John Lewis Civil Rights Fellowship program.Sec. 6605. Domestic engagement and public affairs.Sec. 6606. Extension of Global Engagement Center.Sec. 6607. Paperwork Reduction Act.Sec. 6608. Modernization and enhancement strategy.TITLE LXVII—Other mattersSec. 6701. Internships of United States nationals at international organizations.Sec. 6702. Training for international organizations.Sec. 6703. Modification to transparency on international agreements and non-binding instruments.Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war.Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China.Sec. 6706. Special envoys.Sec. 6707. US–ASEAN Center.Sec. 6708. Briefings on the United States-European Union Trade and Technology Council.Sec. 6709. Modification and repeal of reports.Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security.Sec. 6711. Permitting for international bridges.TITLE LXVIII—AUKUS mattersSec. 6801. Definitions.Subtitle A—Outlining the AUKUS partnershipSec. 6811. Statement of policy on the AUKUS partnership.Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State.Subtitle B—Authorization for AUKUS submarine trainingSec. 6823. Australia, United Kingdom, and United States submarine security training.Subtitle C—Streamlining and protecting transfers of United States military technology from compromiseSec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales.Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales.Sec. 6833. Export control exemptions and standards.Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada.Sec. 6835. United States Munitions List.Subtitle D—Other AUKUS mattersSec. 6841. Reporting related to the AUKUS partnership.

6002.

Definitions

In this division:(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.(2)

Department

The term Department means the Department of State.(3)

Secretary

The term Secretary means the Secretary of State.

G

Unidentified anomalous phenomena disclosure

9001.

Short title

This division may be cited as the Unidentified Anomalous Phenomena Disclosure Act of 2023 or the UAP Disclosure Act of 2023.

9002.

Findings, declarations, and purposes

(a)

Findings and declarations

Congress finds and declares the following:(1)All Federal Government records related to unidentified anomalous phenomena should be preserved and centralized for historical and Federal Government purposes.(2)All Federal Government records concerning unidentified anomalous phenomena should carry a presumption of immediate disclosure and all records should be eventually disclosed to enable the public to become fully informed about the history of the Federal Government’s knowledge and involvement surrounding unidentified anomalous phenomena.(3)Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records.(4)Legislation is necessary because credible evidence and testimony indicates that Federal Government unidentified anomalous phenomena records exist that have not been declassified or subject to mandatory declassification review as set forth in Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information) due in part to exemptions under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as well as an over-broad interpretation of transclassified foreign nuclear information, which is also exempt from mandatory declassification, thereby preventing public disclosure under existing provisions of law.(5)Legislation is necessary because section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), as implemented by the Executive branch of the Federal Government, has proven inadequate in achieving the timely public disclosure of Government unidentified anomalous phenomena records that are subject to mandatory declassification review.(6)Legislation is necessary to restore proper oversight over unidentified anomalous phenomena records by elected officials in both the executive and legislative branches of the Federal Government that has otherwise been lacking as of the enactment of this Act.(7)Legislation is necessary to afford complete and timely access to all knowledge gained by the Federal Government concerning unidentified anomalous phenomena in furtherance of comprehensive open scientific and technological research and development essential to avoiding or mitigating potential technological surprise in furtherance of urgent national security concerns and the public interest.(b)

Purposes

The purposes of this division are—(1)to provide for the creation of the unidentified anomalous phenomena Records Collection at the National Archives and Records Administration; and(2)to require the expeditious public transmission to the Archivist and public disclosure of such records.

9003.

Definitions

In this division:(1)

Archivist

The term Archivist means the Archivist of the United States.(2)

Close observer

The term close observer means anyone who has come into close proximity to unidentified anomalous phenomena or non-human intelligence.(3)

Collection

The term Collection means the Unidentified Anomalous Phenomena Records Collection established under section 9004.(4)

Controlled disclosure campaign plan

The term Controlled Disclosure Campaign Plan means the Controlled Disclosure Campaign Plan required by section 9009(c)(3).(5)

Controlling authority

The term controlling authority means any Federal, State, or local government department, office, agency, committee, commission, commercial company, academic institution, or private sector entity in physical possession of technologies of unknown origin or biological evidence of non-human intelligence.(6)

Director

The term Director means the Director of the Office of Government Ethics.(7)

Executive agency

The term Executive agency means an Executive agency, as defined in subsection 552(f) of title 5, United States Code.(8)

Government office

The term Government office means any department, office, agency, committee, or commission of the Federal Government and any independent office or agency without exception that has possession or control, including via contract or other agreement, of unidentified anomalous phenomena records.(9)

Identification aid

The term identification aid means the written description prepared for each record, as required in section 9004.(10)

Leadership of Congress

The term leadership of Congress means—(A)the majority leader of the Senate;(B)the minority leader of the Senate;(C)the Speaker of the House of Representatives; and(D)the minority leader of the House of Representatives. (11)

Legacy program

The term legacy program means all Federal, State, and local government, commercial industry, academic, and private sector endeavors to collect, exploit, or reverse engineer technologies of unknown origin or examine biological evidence of living or deceased non-human intelligence that pre-dates the date of the enactment of this Act.(12)

National Archives

The term National Archives means the National Archives and Records Administration and all components thereof, including presidential archival depositories established under section 2112 of title 44, United States Code.(13)

Non-human intelligence

The term non-human intelligence means any sentient intelligent non-human lifeform regardless of nature or ultimate origin that may be presumed responsible for unidentified anomalous phenomena or of which the Federal Government has become aware.(14)

Originating body

The term originating body means the Executive agency, Federal Government commission, committee of Congress, or other Governmental entity that created a record or particular information within a record.(15)

Prosaic attribution

The term prosaic attribution means having a human (either foreign or domestic) origin and operating according to current, proven, and generally understood scientific and engineering principles and established laws-of-nature and not attributable to non-human intelligence.(16)

Public interest

The term public interest means the compelling interest in the prompt public disclosure of unidentified anomalous phenomena records for historical and Governmental purposes and for the purpose of fully informing the people of the United States about the history of the Federal Government’s knowledge and involvement surrounding unidentified anomalous phenomena.(17)

Record

The term record includes a book, paper, report, memorandum, directive, email, text, or other form of communication, or map, photograph, sound or video recording, machine-readable material, computerized, digitized, or electronic information, including intelligence, surveillance, reconnaissance, and target acquisition sensor data, regardless of the medium on which it is stored, or other documentary material, regardless of its physical form or characteristics.(18)

Review Board

The term Review Board means the Unidentified Anomalous Phenomena Records Review Board established by section 9007.(19)

Technologies of unknown origin

The term technologies of unknown origin means any materials or meta-materials, ejecta, crash debris, mechanisms, machinery, equipment, assemblies or sub-assemblies, engineering models or processes, damaged or intact aerospace vehicles, and damaged or intact ocean-surface and undersea craft associated with unidentified anomalous phenomena or incorporating science and technology that lacks prosaic attribution or known means of human manufacture.(20)

Temporarily non-attributed objects

(A)

In general

The term temporarily non-attributed objects means the class of objects that temporarily resist prosaic attribution by the initial observer as a result of environmental or system limitations associated with the observation process that nevertheless ultimately have an accepted human origin or known physical cause. Although some unidentified anomalous phenomena may at first be interpreted as temporarily non-attributed objects, they are not temporarily non-attributed objects, and the two categories are mutually exclusive.(B)

Inclusion

The term temporarily non-attributed objects includes—(i)natural celestial, meteorological, and undersea weather phenomena;(ii)mundane human-made airborne objects, clutter, and marine debris;(iii)Federal, State, and local government, commercial industry, academic, and private sector aerospace platforms;(iv)Federal, State, and local government, commercial industry, academic, and private sector ocean-surface and undersea vehicles; and(v)known foreign systems.(21)

Third agency

The term third agency means a Government agency that originated a unidentified anomalous phenomena record that is in the possession of another Government agency.(22)

Unidentified anomalous phenomena

(A)

In general

The term unidentified anomalous phenomena means any object operating or judged capable of operating in outer-space, the atmosphere, ocean surfaces, or undersea lacking prosaic attribution due to performance characteristics and properties not previously known to be achievable based upon commonly accepted physical principles. Unidentified anomalous phenomena are differentiated from both attributed and temporarily non-attributed objects by one or more of the following observables:(i)Instantaneous acceleration absent apparent inertia.(ii)Hypersonic velocity absent a thermal signature and sonic shockwave.(iii)Transmedium (such as space-to-ground and air-to-undersea) travel. (iv)Positive lift contrary to known aerodynamic principles.(v)Multispectral signature control.(vi)Physical or invasive biological effects to close observers and the environment. (B)

Inclusions

The term unidentified anomalous phenomena includes what were previously described as—(i)flying discs;(ii)flying saucers;(iii)unidentified aerial phenomena;(iv)unidentified flying objects (UFOs); and(v)unidentified submerged objects (USOs).(23)

Unidentified anomalous phenomena record

The term unidentified anomalous phenomena record means a record that is related to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence (and all equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects) that was created or made available for use by, obtained by, or otherwise came into the possession of—(A)the Executive Office of the President;(B)the Department of Defense and its progenitors, the Department of War and the Department of the Navy;(C)the Department of the Army;(D)the Department of the Navy;(E)the Department of the Air Force, specifically the Air Force Office of Special Investigations;(F)the Department of Energy and its progenitors, the Manhattan Project, the Atomic Energy Commission, and the Energy Research and Development Administration;(G)the Office of the Director of National Intelligence;(H)the Central Intelligence Agency and its progenitor, the Office of Strategic Services;(I)the National Reconnaissance Office;(J)the Defense Intelligence Agency;(K)the National Security Agency;(L)the National Geospatial-Intelligence Agency;(M)the National Aeronautics and Space Administration:(N)the Federal Bureau of Investigation;(O)the Federal Aviation Administration;(P)the National Oceanic and Atmospheric Administration;(Q)the Library of Congress;(R)the National Archives and Records Administration;(S)any Presidential library;(T)any Executive agency;(U)any independent office or agency;(V)any other department, office, agency, committee, or commission of the Federal Government;(W)any State or local government department, office, agency, committee, or commission that provided support or assistance or performed work, in connection with a Federal inquiry into unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; and(X)any private sector person or entity formerly or currently under contract or some other agreement with the Federal Government.

9004.

Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration

(a)

Establishment

(1)

In general

(A)Not later than 60 days after the date of the enactment of this Act, the Archivist shall commence establishment of a collection of records in the National Archives to be known as the Unidentified Anomalous Phenomena Records Collection.(B)In carrying out subparagraph (A), the Archivist shall ensure the physical integrity and original provenance (or if indeterminate, the earliest historical owner) of all records in the Collection.(C)The Collection shall consist of record copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects), which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code.(D)The Archivist shall prepare and publish a subject guidebook and index to the Collection.(2)

Contents

The Collection shall include the following:(A)All unidentified anomalous phenomena records, regardless of age or date of creation—(i)that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act;(ii)that are required to be transmitted to the National Archives; and(iii)that the disclosure of which is postponed under this Act.(B)A central directory comprised of identification aids created for each record transmitted to the Archivist under section 9005.(C)All Review Board records as required by this Act.(b)

Disclosure of records

All unidentified anomalous phenomena records transmitted to the National Archives for disclosure to the public shall—(1)be included in the Collection; and(2)be available to the public—(A)for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and(B)digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter.(c)

Fees for copying

(1)

In general

The Archivist shall—(A)charge fees for copying unidentified anomalous phenomena records; and(B)grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.(2)

Amount of fees

The amount of a fee charged by the Archivist pursuant to paragraph (1)(A) for the copying of an unidentified anomalous phenomena record shall be such amount as the Archivist determines appropriate to cover the costs incurred by the National Archives in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the National Archives in making and providing such copy. (d)

Additional requirements

(1)

Use of funds

The Collection shall be preserved, protected, archived, digitized, and made available to the public at the National Archives and via the official National Archives online database using appropriations authorized, specified, and restricted for use under the terms of this Act.(2)

Security of records

The National Security Program Office at the National Archives, in consultation with the National Archives Information Security Oversight Office, shall establish a program to ensure the security of the postponed unidentified anomalous phenomena records in the protected, and yet-to-be disclosed or classified portion of the Collection.(e)

Oversight

(1)

Senate

The Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the Collection.(2)

House of Representatives

The Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the Collection.

9005.

Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices

(a)

Identification, organization, and preparation for transmission

(1)

In general

As soon as practicable after the date of the enactment of this Act, each head of a Government office shall—(A)identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and(B)prepare such records for transmission to the Archivist for inclusion in the Collection.(2)

Prohibitions

(A)No unidentified anomalous phenomena record shall be destroyed, altered, or mutilated in any way.(B)No unidentified anomalous phenomena record made available or disclosed to the public prior to the date of the enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified.(C)No unidentified anomalous phenomena record created by a person or entity outside the Federal Government (excluding names or identities consistent with the requirements of section 9006) shall be withheld, redacted, postponed for public disclosure, or reclassified.(b)

Custody of unidentified anomalous phenomena records pending review

During the review by the heads of Government offices under subsection (c) and pending review activity by the Review Board, each head of a Government office shall retain custody of the unidentified anomalous phenomena records of the office for purposes of preservation, security, and efficiency, unless—(1)the Review Board requires the physical transfer of the records for purposes of conducting an independent and impartial review;(2)transfer is necessary for an administrative hearing or other Review Board function; or(3)it is a third agency record described in subsection (c)(2)(C).(c)

Review by heads of Government offices

(1)

In general

Not later than 300 days after the date of the enactment of this Act, each head of a Government office shall review, identify, and organize each unidentified anomalous phenomena record in the custody or possession of the office for—(A)disclosure to the public;(B)review by the Review Board; and(C)transmission to the Archivist.(2)

Requirements

In carrying out paragraph (1), the head of a Government office shall—(A)determine which of the records of the office are unidentified anomalous phenomena records;(B)determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form;(C)(i)determine which of the unidentified anomalous phenomena records of the office, or particular information contained in such a record, was created by a third agency or by another Government office; and(ii)transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof;(D)(i)determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this division; and(ii)specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 9006;(E)organize and make available to the Review Board all unidentified anomalous phenomena records identified under subparagraph (D) the public disclosure of, which in-whole or in-part, may be postponed under this division;(F)organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this division;(G)give precedence of work to—(i)the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of the enactment of this Act; (ii)the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence;(iii)the identification, review, and transmission of unidentified anomalous phenomena records that on the date of the enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and(iv)the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible; and(H)make available to the Review Board any additional information and records that the Review Board has reason to believe the Review Board requires for conducting a review under this division.(3)

Priority of expedited review for directors of certain archival depositories

The Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of unidentified anomalous phenomena records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this division.(d)

Identification aids

(1)

In general

(A)Not later than 45 days after the date of the enactment of this Act, the Archivist, in consultation with the heads of such Government offices as the Archivist considers appropriate, shall prepare and make available to all Government offices a standard form of identification, or finding aid, for use with each unidentified anomalous phenomena record subject to review under this division whether in hardcopy (physical), softcopy (electronic), or digitized data format as may be appropriate.(B)The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system for cataloging and finding every unidentified anomalous phenomena record subject to review under this division where ever and how ever stored in hardcopy (physical), softcopy (electronic), or digitized data format.(2)

Requirements for Government offices

Upon completion of an identification aid using the standard form of identification prepared and made available under subparagraph (A) of paragraph (1) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government office shall—(A)attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes;(B)transmit to the Review Board a printed copy for each physical unidentified anomalous phenomena record and an electronic copy for each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes; and(C)attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist.(3)

Records of the National Archives that are publicly available

Unidentified anomalous phenomena records which are in the possession of the National Archives on the date of the enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this division, and shall not be required to have such an identification aid unless required by the Archivist.(e)

Transmission to the National Archives

Each head of a Government office shall—(1)transmit to the Archivist, and make immediately available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of the enactment of this Act, without any redaction, adjustment, or withholding under the standards of this division; and(2)transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this division, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this division, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection.(f)

Custody of postponed unidentified anomalous phenomena records

An unidentified anomalous phenomena record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 9004(d)(2).(g)

Periodic review of postponed unidentified anomalous phenomena records

(1)

In general

All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board in the Controlled Disclosure Campaign Plan under section 9009(c)(3)(B).(2)

Requirements

(A)A periodic review under paragraph (1) shall address the public disclosure of additional unidentified anomalous phenomena records in the Collection under the standards of this division.(B)All postponed unidentified anomalous phenomena records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement relevant to these specific records. Such description shall be provided to the Archivist and published in the Federal Register upon determination.(C)The time and release requirements specified in the Controlled Disclosure Campaign Plan shall be revised or amended only if the Review Board is still in session and concurs with the rationale for postponement, subject to the limitations in section 9009(d)(1).(D)The periodic review of postponed unidentified anomalous phenomena records shall serve to downgrade and declassify security classified information.(E)Each unidentified anomalous phenomena record shall be publicly disclosed in full, and available in the Collection, not later than the date that is 25 years after the date of the first creation of the record by the originating body, unless the President certifies, as required by this division, that—(i)continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and(ii)the identifiable harm is of such gravity that it outweighs the public interest in disclosure.(h)

Requirements for Executive agencies

(1)

In general

Executive agencies shall—(A)transmit digital records electronically in accordance with section 2107 of title 44, United States Code;(B)charge fees for copying unidentified anomalous phenomena records; and(C)grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code.(2)

Amount of fees

The amount of a fee charged by the head of an Executive agency pursuant to paragraph (1)(B) for the copying of an unidentified anomalous phenomena record shall be such amount as the head determines appropriate to cover the costs incurred by the Executive agency in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the Executive agency in making and providing such copy.

9006.

Grounds for postponement of public disclosure of unidentified anomalous phenomena records

Disclosure of unidentified anomalous phenomena records or particular information in unidentified anomalous phenomena records to the public may be postponed subject to the limitations of this division if there is clear and convincing evidence that—(1)the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the unidentified anomalous phenomena record is of such gravity that it outweighs the public interest in disclosure, and such public disclosure would reveal—(A)an intelligence agent whose identity currently requires protection;(B)an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the Federal Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or(C)any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States;(2)the public disclosure of the unidentified anomalous phenomena record would reveal the name or identity of a living person who provided confidential information to the Federal Government and would pose a substantial risk of harm to that person;(3)the public disclosure of the unidentified anomalous phenomena record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or(4)the public disclosure of the unidentified anomalous phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.

9007.

Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board

(a)

Establishment

There is established as an independent agency a board to be known as the Unidentified Anomalous Phenomena Records Review Board.(b)

Appointment

(1)

In general

The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena.(2)

Period for nominations

(A)The President shall make nominations to the Review Board not later than 90 calendar days after the date of the enactment of this Act.(B)If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter.(3)

Consideration of recommendations

(A)The President shall make nominations to the Review Board after considering persons recommended by the following:(i)The majority leader of the Senate.(ii)The minority leader of the Senate.(iii)The Speaker of the House of Representatives.(iv)The minority leader of the House of Representatives.(v)The Secretary of Defense.(vi)The National Academy of Sciences.(vii)Established nonprofit research organizations relating to unidentified anomalous phenomena.(viii)The American Historical Association.(ix)Such other persons and organizations as the President considers appropriate.(B)If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of the enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph.(C)The President may request an individual or organization described in subparagraph (A) to submit additional nominations.(4)

Qualifications

Persons nominated to the Review Board—(A)shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence;(B)shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government’s understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation of the value of such material to the public, scholars, and government; and(C)shall include at least—(i)1 current or former national security official;(ii)1 current or former foreign service official;(iii)1 scientist or engineer;(iv)1 economist;(v)1 professional historian; and(vi)1 sociologist.(5)

Mandatory conflicts of interest review

(A)

In general

The Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member.(B)

Reports

During the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest.(c)

Security clearances

(1)

In general

All Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances.(2)

Qualification for nominees

All nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate.(d)

Consideration by the Senate

Nominations for appointment under subsection (b) shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration.(e)

Vacancy

A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy.(f)

Removal of Review Board member

(1)

In general

No member of the Review Board shall be removed from office, other than—(A)by impeachment and conviction; or(B)by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties.(2)

Notice of removal

(A)If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report specifying the facts found and the grounds for the removal.(B)The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.(3)

Judicial review

(A)A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia.(B)The member may be reinstated or granted other appropriate relief by order of the court.(g)

Compensation of members

(1)

In general

A member of the Review Board, other than the Executive Director under section 9008(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board.(2)

Travel expenses

A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member’s home or regular place of business in the performance of services for the Review Board.(h)

Duties of the Review Board

(1)

In general

The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records.(2)

Considerations and rendering of decisions

In carrying out paragraph (1), the Review Board shall consider and render decisions—(A)whether a record constitutes a unidentified anomalous phenomena record; and(B)whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this division.(i)

Powers

(1)

In general

The Review Board shall have the authority to act in a manner prescribed under this division, including authority—(A)to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records;(B)to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this division, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent;(C)(i)to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office;(ii)to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this division; and(iii)request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this division;(D)require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence;(E)receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records;(F)hold hearings, administer oaths, and subpoena witnesses and documents;(G)use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and(H)use the United States mails in the same manner and under the same conditions as other Executive agencies.(2)

Enforcement of subpoena

A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board.(j)

Witness immunity

The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)).(k)

Oversight

(1)

Senate

The Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board.(2)

House of Representatives

Unless otherwise determined appropriate by the House of Representatives, the Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. (3)

Duty to cooperate

The Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. (4)

Security clearances

The Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and staff of such committees designated by such Chairmen and Ranking Members, shall be granted all security clearances and accesses held by the Review Board, including to relevant Presidential and department or agency special access and compartmented access programs. (l)

Support services

The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis.(m)

Interpretive regulations

The Review Board may issue interpretive regulations.(n)

Termination and winding down

(1)

In general

The Review Board and the terms of its members shall terminate not later than September 30, 2030, unless extended by Congress.(2)

Reports

Upon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this division.(3)

Transfer of records

Upon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed.

9008.

Unidentified Anomalous Phenomena Records Review Board personnel

(a)

Executive Director

(1)

Appointment

Not later than 45 days after the date of the enactment of this Act, the President shall appoint 1 citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Review Board. This position counts as 1 of the 9 Review Board members under section 9007(b)(1). (2)

Qualifications

The person appointed as Executive Director shall be a private citizen of integrity and impartiality who—(A)is a distinguished professional; and(B)is not a present employee of the Federal Government; and(C)has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.(3)

Mandatory conflicts of interest review

(A)

In general

The Director shall conduct a review of each individual appointed to the position of Executive Director to ensure the Executive Director does not have any conflict of interest during the term of the service of the Executive Director.(B)

Reports

During the course of the review under subparagraph (A), if the Director becomes aware that the Executive Director possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest. (4)

Security clearances

(A)A candidate for Executive Director shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner subject to the standard procedures for granting such clearances.(B)A candidate shall qualify for the necessary security clearances and accesses prior to being appointed by the President.(5)

Functions

The Executive Director shall—(A)serve as principal liaison to the Executive Office of the President and Congress;(B)serve as Chairperson of the Review Board;(C)be responsible for the administration and coordination of the Review Board’s review of records;(D)be responsible for the administration of all official activities conducted by the Review Board;(E)exercise tie-breaking Review Board authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure; and(F)retain right-of-appeal directly to the President for decisions pertaining to executive branch unidentified anomalous phenomena records for which the Executive Director and Review Board members may disagree.(6)

Removal

The Executive Director shall not be removed for reasons other for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board.(b)

Staff

(1)

In general

The Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board.(2)

Qualifications

(A)

In general

Except as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a citizen of integrity and impartiality who has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence.(B)

Consultation with Director of the Office of Government Ethics

In their consideration of persons to be appointed as staff of the Review Board under paragraph (1), the Review Board shall consult with the Director—(i)to determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for employees of the executive branch of the Federal Government; and(ii)ensure that no person selected for such position of staff of the Review Board possesses a conflict of interests in accordance with the criteria determined pursuant to clause (i). (3)

Security clearances

(A)A candidate for staff shall be granted the necessary security clearances (including all necessary special access program clearances) in an accelerated manner subject to the standard procedures for granting such clearances.(B)(i)The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted unidentified anomalous phenomena record materials.(ii)If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person’s employment.(4)

Support from National Declassification Center

The Archivist shall assign one representative in full-time equivalent status from the National Declassification Center to advise and support the Review Board disclosure postponement review process in a non-voting staff capacity.(c)

Compensation

Subject to such rules as may be adopted by the Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates—(1)the Executive Director shall be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule and shall serve the entire tenure as one full-time equivalent; and(2)the Executive Director shall appoint and fix compensation of such other personnel as may be necessary to carry out this division.(d)

Advisory committees

(1)

Authority

The Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this division.(2)

FACA

Any advisory committee created by the Review Board shall be subject to chapter 10 of title 5, United States Code.(e)

Security clearance required

An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.

9009.

Review of records by the Unidentified Anomalous Phenomena Records Review Board

(a)

Custody of records reviewed by Review Board

Pending the outcome of a review of activity by the Review Board, a Government office shall retain custody of its unidentified anomalous phenomena records for purposes of preservation, security, and efficiency, unless—(1)the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or(2)such transfer is necessary for an administrative hearing or other official Review Board function.(b)

Startup requirements

The Review Board shall—(1)not later than 90 days after the date of its appointment, publish a schedule in the Federal Register for review of all unidentified anomalous phenomena records;(2)not later than 180 days after the date of the enactment of this Act, begin its review of unidentified anomalous phenomena records under this division; and(3)periodically thereafter as warranted, but not less frequently than semiannually, publish a revised schedule in the Federal Register addressing the review and inclusion of any unidentified anomalous phenomena records subsequently discovered.(c)

Determinations of the Review Board

(1)

In general

The Review Board shall direct that all unidentified anomalous phenomena records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that—(A)a Government record is not an unidentified anomalous phenomena record; or(B)a Government record, or particular information within an unidentified anomalous phenomena record, qualifies for postponement of public disclosure under this division.(2)

Requirements

In approving postponement of public disclosure of a unidentified anomalous phenomena record, the Review Board shall seek to—(A)provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and(B)determine, in consultation with the originating body and consistent with the standards for postponement under this division, which of the following alternative forms of disclosure shall be made by the originating body:(i)Any reasonably segregable particular information in a unidentified anomalous phenomena record.(ii)A substitute record for that information which is postponed.(iii)A summary of a unidentified anomalous phenomena record.(3)

Controlled disclosure campaign plan

With respect to unidentified anomalous phenomena records, particular information in unidentified anomalous phenomena records, recovered technologies of unknown origin, and biological evidence for non-human intelligence the public disclosure of which is postponed pursuant to section 9006, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the President, the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives a Controlled Disclosure Campaign Plan, with classified appendix, containing—(A)a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific unidentified anomalous phenomena records; and(B)a benchmark-driven plan, based upon a review of the proceedings and in conformity with the decisions reflected therein, recommending precise requirements for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which each postponed item may be appropriately disclosed to the public under this division.(4)

Notice following review and determination

(A)Following its review and a determination that a unidentified anomalous phenomena record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination of the Review Board and publish a copy of the determination in the Federal Register within 14 days after the determination is made.(B)Contemporaneous notice shall be made to the President for Review Board determinations regarding unidentified anomalous phenomena records of the executive branch of the Federal Government, and to the oversight committees designated in this division in the case of records of the legislative branch of the Federal Government. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 9006.(d)

Presidential authority over Review Board determination

(1)

Public disclosure or postponement of disclosure

After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an unidentified anomalous phenomena record of the executive branch of the Federal Government or information within such a record, or of any information contained in a unidentified anomalous phenomena record, obtained or developed solely within the executive branch of the Federal Government, the President shall—(A)have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 9006; and(B)provide the Review Board with both an unclassified and classified written certification specifying the President’s decision within 30 days after the Review Board’s determination and notice to the executive branch agency as required under this division, stating the justification for the President’s decision, including the applicable grounds for postponement under section 9006, accompanied by a copy of the identification aid required under section 9004.(2)

Periodic review

(A)Any unidentified anomalous phenomena record postponed by the President shall henceforth be subject to the requirements of periodic review, downgrading, declassification, and public disclosure in accordance with the recommended timeline and associated requirements specified in the Controlled Disclosure Campaign Plan unless these conflict with the standards set forth in section 9006.(B)This paragraph supersedes all prior declassification review standards that may previously have been deemed applicable to unidentified anomalous phenomena records.(3)

Record of presidential postponement

The Review Board shall, upon its receipt—(A)publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of unidentified anomalous phenomena records; and(B)revise or amend recommendations in the Controlled Disclosure Campaign Plan accordingly.(e)

Notice to public

Every 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a unidentified anomalous phenomena record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the Senate, or the House of Representatives, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon to the maximum extent classification restrictions permitting.(f)

Reports by the Review Board

(1)

In general

The Review Board shall report its activities to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity.(2)

First Report

The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 1 year thereafter until termination of the Review Board.(3)

Contents

A report under paragraph (1) shall include the following information:(A)A financial report of the expenses for all official activities and requirements of the Review Board and its personnel.(B)The progress made on review, transmission to the Archivist, and public disclosure of unidentified anomalous phenomena records.(C)The estimated time and volume of unidentified anomalous phenomena records involved in the completion of the Review Board’s performance under this division.(D)Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this division.(E)A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this division, and a record of the volume of records reviewed and postponed.(F)Suggestions and requests to Congress for additional legislative authority needs.(4)

Copies and briefs

Coincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum the President, the Archivist, leadership of Congress, the Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and the Chairs and Chairmen, as the case may be, and Ranking Members and Vice Chairmen, as the case may be, of such other committees as leadership of Congress determines appropriate on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures, specifically addressing—(A)recommendations for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which specific unidentified anomalous phenomena records and material may be appropriately disclosed;(B)the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item;(C)any other findings that the Review Board chooses to offer; and(D)an addendum containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection.(5)

Notice

At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date.(6)

Briefing the All-domain Anomaly Resolution Office

Coincident with the provision in paragraph (5), if not accomplished earlier under paragraph (4), the Review Board shall brief the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or its successor, as subsequently designated by Act of Congress, on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures.

9010.

Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence

(a)

Exercise of eminent domain

The Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good.(b)

Availability to Review Board

Any and all such material, should it exist, shall be made available to the Review Board for personal examination and subsequent disclosure determination at a location suitable to the controlling authority of said material and in a timely manner conducive to the objectives of the Review Board in accordance with the requirements of this division.(c)

Actions of Review Board

In carrying out subsection (b), the Review Board shall consider and render decisions—(1)whether the material examined constitutes technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt;(2)whether recovered technologies of unknown origin, biological evidence of non-human intelligence, or a particular subset of material qualifies for postponement of disclosure under this division; and(3)what changes, if any, to the current disposition of said material should the Federal Government make to facilitate full disclosure.(d)

Review Board access to testimony and witnesses

The Review Board shall have access to all testimony from unidentified anomalous phenomena witnesses, close observers and legacy program personnel and whistleblowers within the Federal Government’s possession as of and after the date of the enactment of this Act in furtherance of Review Board disclosure determination responsibilities in section 9007(h) and subsection (c) of this section.(e)

Solicitation of additional witnesses

The Review Board shall solicit additional unidentified anomalous phenomena witness and whistleblower testimony and afford protections under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)) if deemed beneficial in fulfilling Review Board responsibilities under this division.

9011.

Disclosure of other materials and additional study

(a)

Materials under seal of court

(1)

Information held under seal of a court

The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under seal of the court.(2)

Information held under injunction of secretary of grand jury

(A)The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under the injunction of secrecy of a grand jury.(B)A request for disclosure of unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence materials under this division shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure.(b)

Sense of Congress

It is the sense of the Congress that—(1)the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury;(2)the Secretary of State should contact any foreign government that may hold material relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence and seek disclosure of such material; and(3)all heads of Executive agencies should cooperate in full with the Review Board to seek the disclosure of all material relevant to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence consistent with the public interest.

9012.

Rules of construction

(a)

Precedence over other law

When this division requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other provision of law (except section 6103 of the Internal Revenue Code of 1986 specifying confidentiality and disclosure of tax returns and tax return information), judicial decision construing such provision of law, or common law doctrine that would otherwise prohibit such transmission or disclosure, with the exception of deeds governing access to or transfer or release of gifts and donations of records to the United States Government.(b)

Freedom of Information Act

Nothing in this division shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code.(c)

Judicial review

Nothing in this division shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this division.(d)

Existing authority

Nothing in this division revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Federal Government to publicly disclose records in its possession.(e)

Rules of the Senate and House of Representatives

To the extent that any provision of this division establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted—(1)as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and(2)with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

9013.

Termination of effect of division

(a)

Provisions pertaining to the Review Board

The provisions of this division that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 9007(n).(b)

Other provisions

(1)The remaining provisions of this division shall continue in effect until such time as the Archivist certifies to the President and Congress that all unidentified anomalous phenomena records have been made available to the public in accordance with this division.(2)In facilitation of the provision in paragraph (1), the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), or its successor as subsequently designated by Act of Congress, shall develop standardized unidentified anomalous phenomena declassification guidance applicable to any and all unidentified anomalous phenomena records generated by originating bodies subsequent to termination of the Review Board consistent with the requirements and intent of the Controlled Disclosure Campaign Plan with respect to unidentified anomalous phenomena records originated prior to Review Board termination.

9014.

Authorization of appropriations

There is authorized to be appropriated to carry out the provisions of this division $20,000,000 for fiscal year 2024.

9015.

Severability

If any provision of this division or the application thereof to any person or circumstance is held invalid, the remainder of this division and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.

H

Architect of the Capitol Appointment Act of 2023

10001.

Short title

This division may be cited as the Architect of the Capitol Appointment Act of 2023.

10002.

Appointment and term of service of Architect of the Capitol

(a)

Appointment

The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the commission) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.(b)

Term of Service

The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.(c)

Removal

The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission. (d)

Conforming amendments

(1)Section 319 of the Legislative Branch Appropriations Act, 1990 (2 U.S.C. 1801) is repealed.(2)The matter under the heading For the Capitol: under the heading DEPARTMENT OF THE INTERIOR. of the Act of February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811) is amended by striking , and he shall be appointed by the President. (e)

Effective Date

This section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act.

10003.

Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect

Section 1203 of title I of division H of the Consolidated Appropriations Resolution, 2003 (2 U.S.C. 1805) is amended—(1)in subsection (a)—(A)by inserting (in this section referred to as the Architect) after The Architect of the Capitol; and(B)by inserting (in this section referred to as the Deputy Architect) after Deputy Architect of the Capitol;(2)by redesignating subsection (b) as subsection (c); (3)by inserting after subsection (a) the following:(b)

Deadline

The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after—(1)the date on which the Architect is appointed under section 10002 of the Architect of the Capitol Appointment Act of 2023, if there is no Deputy Architect on the date of the appointment; or(2)the date on which a vacancy arises in the office of the Deputy Architect.; (4)in subsection (c), as so redesignated, by striking of the Capitol each place it appears; and(5)by adding at the end the following:(d)

Failure To appoint

If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 10002(a) of the Architect of the Capitol Appointment Act of 2023 shall appoint the Deputy Architect by a majority vote of the members of the commission.(e)

Notification

If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 10002(a) of the Architect of the Capitol Appointment Act of 2023..

10004.

Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy

(a)

In general

The Deputy Architect of the Capitol (in this section referred to as the Deputy Architect) shall act as Architect of the Capitol (in this section referred to as the Architect) if the Architect is absent or disabled or there is no Architect.(b)

Absence, disability, or vacancy in office of Deputy Architect

For purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 10002(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until— (1)the end of the absence or disability of the Architect or the Deputy Architect; or(2)in the case of vacancies in both positions, an Architect has been appointed under section 10002(a).(c)

Authority

An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Appropriation Act, 1956 (2 U.S.C. 1803).(d)

Conforming amendment

The matter under the heading Salaries under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Branch Appropriation Act, 1971 (2 U.S.C. 1804) is amended by striking : Provided, and all that follows through no Architect.

I

Fair debt collection practices for servicemembers

11001.

Short title

This division may be cited as the Fair Debt Collection Practices for Servicemembers Act.

11002.

Enhanced protection against debt collector harassment of servicemembers

(a)

Communication in connection with debt collection

Section 805 of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended by adding at the end the following:(e)

Communications concerning servicemember debts

(1)

Definition

In this subsection, the term covered member means—(A)a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and(B)(i)an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or(ii)a person, with respect to an individual described in clause (i), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code.(2)

Prohibitions

A debt collector may not, in connection with the collection of any debt of a covered member—(A)threaten to have the covered member reduced in rank;(B)threaten to have the covered member’s security clearance revoked; or(C)threaten to have the covered member prosecuted under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)..(b)

Unfair practices

Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 1692f) is amended by adding at the end the following:(9)The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in—(A)a reduction in rank of the covered member;(B)a revocation of the covered member’s security clearance; or(C)prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice)..

11003.

GAO study

The Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this division on—(1)the timely delivery of information to a covered member (as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by this division);(2)military readiness; and(3)national security, including the extent to which covered members with security clearances would be impacted by uncollected debt.

J

Native American Housing Assistance and Self-Determination Reauthorization Act of 2023

11001.

Short title

This division may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2023.

11002.

Consolidation of environmental review requirements

Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the end the following:(e)

Consolidation of environmental review requirements

(1)

In general

In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project.(2)

Discharge

The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project.(3)

Certification

An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)—(A)the additional responsibilities that the Indian tribe has fully carried out under this subsection; and(B)that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1).(4)

Liability

(A)

In general

An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review.(B)

Remedies and sanctions

Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with—(i)the regulations issued pursuant to section 106; or (ii)such regulations as are issued by the other head.(C)

Statutory violation waivers

If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph (1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency..

11003.

Authorization of appropriations

Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4117) is amended, in the first sentence, by striking 2009 through 2013 and inserting 2024 through 2030.

11004.

Student housing assistance

Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4132(3)) is amended by inserting including college housing assistance after self-sufficiency and other services,.

11005.

Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity

Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(a)(2)) is amended by inserting owned or operated by a recipient and after residing in a dwelling unit.

11006.

De minimis exemption for procurement of goods and services

Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4133(g)) is amended by striking $5,000 and inserting $7,000.

11007.

Homeownership or lease-to-own low-income requirement and income targeting

Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4135) is amended—(1)in subsection (a)(1)—(A)in subparagraph (C), by striking and at the end; and(B)by adding at the end the following:(E)notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and; and(2)in subsection (c)—(A)by striking The provisions and inserting the following:(1)

In general

The provisions; and(B)by adding at the end the following:(2)

Applicability to improvements

The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home..

11008.

Lease requirements and tenant selection

Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4137) is amended by adding at the end the following:(c)

Notice of termination

The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act..

11009.

Indian Health Service

(a)

In general

Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4131 et seq.) is amended by adding at the end the following:

211.

IHS sanitation facilities construction

Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project.

.(b)

Clerical amendment

The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 (Public Law 104–330; 110 Stat. 4016) is amended by inserting after the item relating to section 210 the following:Sec. 211. IHS sanitation facilities construction..

11010.

Statutory authority to suspend grant funds in emergencies

Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4161(a)(4)) is amended—(1)in subparagraph (A), by striking may take an action described in paragraph (1)(C) and inserting may immediately take an action described in paragraph (1)(C); and(2)by striking subparagraph (B) and inserting the following:(B)

Procedural requirements

(i)

In general

If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action.(ii)

Notice requirements

The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice. (iii)

Hearing requirements

A hearing requested under clause (ii) shall be conducted—(I)in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and (II)to the maximum extent practicable, on an expedited basis.(iv)

Failure to conduct a hearing

If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective..

11011.

Reports to Congress

Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4167) is amended—(1)in subsection (a), by striking Congress and inserting Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and(2)by adding at the end the following:(c)

Public availability

The report described in subsection (a) shall be made publicly available, including to recipients..

11012.

99-year leasehold interest in trust or restricted lands for housing purposes

Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4211) is amended—(1)in the section heading, by striking 50-year and inserting 99-year;(2)in subsection (b), by striking 50 years and inserting 99 years; and(3)in subsection (c)(2), by striking 50 years and inserting 99 years.

11013.

Amendments for block grants for affordable housing activities

Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4222(e)) is amended by—(1)by striking The Director and inserting the following:(1)

In general

The Director; and(2)by adding at the end the following:(2)

Subawards

Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act..

11014.

Reauthorization of Native Hawaiian homeownership provisions

Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4243) is amended by striking such sums as may be necessary and all that follows through the period at the end and inserting such sums as may be necessary for each of fiscal years 2024 through 2030..

11015.

Total development cost maximum project cost

Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that is developed, acquired, or assisted under the block grant program established under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111) shall not exceed by more than 20 percent, without prior approval of the Secretary of Housing and Urban Development, the total development cost maximum cost for all housing assisted under an affordable housing activity, including development and model activities.

11016.

Community-based development organizations and special activities by Indian Tribes

Section 105 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305) is amended by adding at the end the following:(i)

Indian tribes and tribally designated housing entities as community-based development organizations

(1)

Definition

In this subsection, the term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).(2)

Qualification

An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1).(j)

Special activities by Indian Tribes

An Indian tribe receiving a grant under paragraph (1) of section 106(a)(1) shall be authorized to directly carry out activities described in paragraph (15) of such section 106(a)(1)..

11017.

Section 184 Indian Home Loan Guarantee program

(a)

In general

Section 184 of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a) is amended—(1)by amending subsection (a) to read as follows:(a)

Authority

To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land.; and(2)in subsection (b)—(A)by amending paragraph (2) to read as follows:(2)

Eligible housing

The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.; (B)in paragraph (4)—(i)by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly;(ii)by striking The loan and inserting the following:(A)

In general

The loan;(iii)in subparagraph (A), as so designated, by adding at the end the following:(v)Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).; and(iv)by adding at the end the following:(B)

Direct guarantee process

(i)

Authorization

The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section.(ii)

Indemnification

(I)

In general

If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (II)

Fraud or misrepresentation

If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid.(C)

Review of mortgagees

(i)

In general

The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section. (ii)

Requirements

In conducting a review under clause (i), the Secretary—(I)shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee;(II)may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary;(iii)shall implement such comparisons by regulation, notice, or mortgagee letter; and(I)may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)—(aa)based on a comparison of any of the factors set forth in this subparagraph; or(bb)by a determination that the mortgagee engaged in fraud or misrepresentation.; and(C)in paragraph (5)(A), by inserting before the semicolon at the end the following: except, as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the term of the loan shall not exceed 40 years.(b)

Loan guarantees for Indian housing

Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is amended—(1)in subparagraph (B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030.; and(2)in subparagraph (C), by striking 2008 through 2012 and inserting 2024 through 2030.

11018.

Loan guarantees for Native Hawaiian housing

Section 184A of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13b) is amended—(1)in subsection (b), by inserting , and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii after markets;(2)in subsection (c)—(A)by amending paragraph (2) to read as follows:(2)

Eligible housing

The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing.;(B)in paragraph (4)—(i)in subparagraph (B)—(I)by redesignating clause (iv) as clause (v); and(II)by adding after clause (iii) the following:(iv)Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).; and(ii)by adding at the end the following:(C)

Indemnification

(i)

In general

If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this section was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this section to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default.(ii)

Direct guarantee endorsement

The Secretary may, dependent on the availability of systems development and staffing resources, delegate to eligible lenders the authority to directly endorse loans under this section.(iii)

Fraud or misrepresentation

If fraud or misrepresentation was involved in the direct guarantee endorsement process by a lender under this section, the Secretary shall require the approved direct guarantee endorsement lender to indemnify the Secretary for any loss or potential loss, regardless of whether the fraud or misrepresentation caused or may cause the loan default.(iv)

Implementation

The Secretary may implement any requirements described in this subparagraph by regulation, notice, or Dear Lender Letter..(C)in paragraph (5)(A), by inserting before the semicolon at the end the following: except, as determined by the Secretary, when there is a loan modification under subsection (i)(1)(B), the term of the loan shall not exceed 40 years;(3)in subsection (d)—(A)in paragraph (1), by adding at the end the following:(C)

Exception

When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and (B) of this paragraph shall not apply.;(B)by amending paragraph (2) to read as follows:(2)

Standard for approval

(A)

Approval

The Secretary may approve a loan for guarantee under this section and issue a certificate under this subsection only if the Secretary determines that there is a reasonable prospect of repayment of the loan.(B)

Exceptions

When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii)—(i)subparagraph (A) shall not apply; and(ii)the direct guarantee endorsement lender may issue a certificate under this paragraph as evidence of the guarantee in accordance with requirements prescribed by the Secretary.; and(C)in paragraph (3)(A), by inserting or, where applicable, the direct guarantee endorsement lender, after Secretary and(4)in subsection (j)(5)(B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030..

11019.

Drug elimination program

(a)

Definitions

In this section:(1)

Controlled substance

The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act (21 U.S.C. 802).(2)

Drug-related crime

The term drug-related crime means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance.(3)

Recipient

The term recipient—(A)has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103); and(B)includes a recipient of funds under title VIII of that Act (25 U.S.C. 4221 et seq.). (4)

Secretary

The term Secretary means the Secretary of Housing and Urban Development.(b)

Establishment

The Secretary may, in consultation with the Bureau of Indian Affairs and relevant Tribal law enforcement agencies, make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) for use in eliminating drug-related and violent crime. (c)

Eligible activities

Grants under this section may be used for—(1)the employment of security personnel;(2)reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services;(3)physical improvements which are specifically designed to enhance security;(4)the employment of 1 or more individuals—(A)to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); and(B)to provide evidence relating to such crime in any administrative or judicial proceeding;(5)the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials;(6)programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), including drug-abuse prevention, intervention, referral, and treatment programs;(7)providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents;(8)sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and(9)other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math.(d)

Applications

(1)

In general

To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by—(A)a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and(B)such additional information as the Secretary may reasonably require. (2)

Criteria

The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as—(A)the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance;(B)the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years;(C)the capability of the applicant to carry out the plan; and(D)the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application.(e)

High intensity drug trafficking areas

In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706(b)).(f)

Reports

(1)

Grantee reports

The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section.(2)

HUD reports

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of—(A)the methodology used to distribute amounts made available under this section; and(B)actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2).(g)

Notice of funding awards

The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants. (h)

Monitoring

(1)

In general

The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section.(2)

Prohibition of funding baseline services

(A)

In general

Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) or any provision of an annual contributions contract for payments in lieu of taxation with the Bureau of Indian Affairs.(B)

Description

Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located.(3)

Enforcement

The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include—(A)the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2);(B)entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and (C)adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (i)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each fiscal years 2024 through 2030 to carry out this section.

11020.

Rental assistance for homeless or at-risk Indian veterans

Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following:(E)

Indian veterans housing rental assistance program

(i)

Definitions

In this subparagraph:(I)

Eligible Indian veteran

The term eligible Indian veteran means an Indian veteran who is—(aa)homeless or at risk of homelessness; and(bb)living—(AA)on or near a reservation; or(BB)in or near any other Indian area.(II)

Eligible recipient

The term eligible recipient means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).(III)

Indian; Indian area

The terms Indian and Indian area have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).(IV)

Indian veteran

The term Indian veteran means an Indian who is a veteran.(V)

Program

The term Program means the Tribal HUD–VASH program carried out under clause (ii).(VI)

Tribal organization

The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(ii)

Program specifications

The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program, in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans.(iii)

Model

(I)

In general

Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs.(II)

Exceptions

(aa)

Secretary of Housing and Urban Development

After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.(bb)

Secretary of Veterans Affairs

After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans.(iv)

Eligible recipients

The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients.(v)

Funding criteria

The Secretary shall award grants under the Program based on—(I)need;(II)administrative capacity; and(III)any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs.(vi)

Administration

Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall—(I)submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and(II)provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans.(vii)

Consultation

(I)

Grant recipients; tribal organizations

The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program.(II)

Indian Health Service

The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program.(viii)

Waiver

(I)

In general

Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans.(II)

Exception

The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment.(ix)

Renewal grants

The Secretary may—(I)set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and(II)specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program.(x)

Reporting

(I)

In general

Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall—(aa)conduct a review of the implementation of the Program, including any factors that may have limited its success; and(bb)submit a report describing the results of the review under item (aa) to—(AA)the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and(BB)the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.(II)

Analysis of housing stock limitation

The Secretary shall include in the initial report submitted under subclause (I) a description of—(aa)any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program;(bb)the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and(cc)proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program..

11021.

Continuum of care

(a)

Definitions

In this section—(1)the terms collaborative applicant and eligible entity have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360); and(2)the terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (b)

Nonapplication of civil rights laws

With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading “Homeless Assistance Grants” in the Department of Housing and Urban Development Appropriations Act, 2021 (Public Law 116–260) and under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) shall not apply to applications by or awards for projects to be carried out—(1)on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or(2)on reservation or trust lands for awards made to eligible entities.(c)

Certification

With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.) under the heading Homeless Assistance Grants under section 231 of the Department of Housing and Urban Development Appropriations Act, 2020 (42 U.S.C. 11364a)—(1)applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112), notwithstanding section 106 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12706) and section 403 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361);(2)Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (25 U.S.C. 4112); and(3)a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f)(2)).

11022.

Leveraging

All funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal housing program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) are spent in accordance with that Act.

K

Fort Belknap Indian Community Water Rights Settlement Act of 2023

11001.

Short title

This division may be cited as the Fort Belknap Indian Community Water Rights Settlement Act of 2023.

11002.

Purposes

The purposes of this division are—(1)to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for—(A)the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; and(B)the United States, acting as trustee for the Fort Belknap Indian Community and allottees;(2)to authorize, ratify, and confirm the water rights compact entered into by the Fort Belknap Indian Community and the State, to the extent that the Compact is consistent with this division;(3)to authorize and direct the Secretary—(A)to execute the Compact; and(B)to take any other actions necessary to carry out the Compact in accordance with this division;(4)to authorize funds necessary for the implementation of the Compact and this division; and(5)to authorize the exchange and transfer of certain Federal and State land.

11003.

Definitions

In this division:(1)

Allottee

The term allottee means an individual who holds a beneficial real property interest in an allotment of Indian land that is—(A)located within the Reservation; and(B)held in trust by the United States.(2)

Blackfeet tribe

The term Blackfeet Tribe means the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana.(3)

Cercla

The term CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). (4)

Commissioner

The term Commissioner means the Commissioner of Reclamation.(5)

Compact

The term Compact means—(A)the Fort Belknap-Montana water rights compact dated April 16, 2001, as contained in section 85–20–1001 of the Montana Code Annotated (2021); and(B)any appendix (including appendix amendments), part, or amendment to the Compact that is executed to make the Compact consistent with this division.(6)

Enforceability date

The term enforceability date means the date described in section 11011(f).(7)

Fort belknap indian community

The term Fort Belknap Indian Community means the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation of Montana, a federally recognized Indian Tribal entity included on the list published by the Secretary pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).(8)

Fort belknap indian community council

The term Fort Belknap Indian Community Council means the governing body of the Fort Belknap Indian Community.(9)

Fort belknap indian irrigation project

(A)

In general

The term Fort Belknap Indian Irrigation Project means the Federal Indian irrigation project constructed and operated by the Bureau of Indian Affairs, consisting of the Milk River unit, including—(i)the Three Mile unit; and(ii)the White Bear unit.(B)

Inclusions

The term Fort Belknap Indian Irrigation Project includes any addition to the Fort Belknap Indian Irrigation Project constructed pursuant to this division, including expansion of the Fort Belknap Indian Irrigation Project, the Pumping Plant, delivery Pipe and Canal, the Fort Belknap Reservoir and Dam, and the Peoples Creek Flood Protection Project.(10)

Implementation Fund

The term Implementation Fund means the Fort Belknap Indian Community Water Settlement Implementation Fund established by section 11013(a).(11)

Indian tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).(12)

Lake elwell

The term Lake Elwell means the water impounded on the Marias River in the State by Tiber Dam, a feature of the Lower Marias Unit of the Pick-Sloan Missouri River Basin Program authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (58 Stat. 891, chapter 665).(13)

Malta irrigation district

The term Malta Irrigation District means the public corporation—(A)created on December 28, 1923, pursuant to the laws of the State relating to irrigation districts; and(B)headquartered in Malta, Montana.(14)

Milk river

The term Milk River means the mainstem of the Milk River and each tributary of the Milk River between the headwaters of the Milk River and the confluence of the Milk River with the Missouri River, consisting of—(A)Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 40O; and(B)the portion of the Milk River and each tributary of the Milk River that flows through the Canadian Provinces of Alberta and Saskatchewan.(15)

Milk river project

(A)

In general

The term Milk River Project means the Bureau of Reclamation project conditionally approved by the Secretary on March 14, 1903, pursuant to the Act of June 17, 1902 (32 Stat. 388, chapter 1093), commencing at Lake Sherburne Reservoir and providing water to a point approximately 6 miles east of Nashua, Montana.(B)

Inclusions

The term Milk River Project includes—(i)the St. Mary Unit;(ii)the Fresno Dam and Reservoir; and(iii)the Dodson pumping unit.(16)

Missouri river basin

The term Missouri River Basin means the hydrologic basin of the Missouri River, including tributaries.(17)

Operations and maintenance

The term operations and maintenance means the Bureau of Indian Affairs operations and maintenance activities related to costs described in section 171.500 of title 25, Code of Federal Regulations (or a successor regulation).(18)

Operations, maintenance, and replacement

The term operations, maintenance, and replacement means—(A)any recurring or ongoing activity associated with the day-to-day operation of a project;(B)any activity relating to scheduled or unscheduled maintenance of a project; and(C)any activity relating to repairing, replacing, or rehabilitating a feature of a project.(19)

Pick-sloan missouri river basin program

The term Pick-Sloan Missouri River Basin Program means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944) (58 Stat. 891, chapter 665)).(20)

PMM

The term PMM means the Principal Meridian, Montana.(21)

Reservation

(A)

In general

The term Reservation means the area of the Fort Belknap Reservation in the State, as modified by this division.(B)

Inclusions

The term Reservation includes—(i)all land and interests in land established by—(I)the Agreement with the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, ratified by the Act of May 1, 1888 (25 Stat. 113, chapter 212), as modified by the Agreement with the Indians of the Fort Belknap Reservation of October 9, 1895 (ratified by the Act of June 10, 1896) (29 Stat. 350, chapter 398);(II)the Act of March 3, 1921 (41 Stat. 1355, chapter 135); and(III)Public Law 94–114 (25 U.S.C. 5501 et seq.);(ii)the land known as the Hancock lands purchased by the Fort Belknap Indian Community pursuant to the Fort Belknap Indian Community Council Resolution No. 234–89 (October 2, 1989); and(iii)all land transferred to the United States to be held in trust for the benefit of the Fort Belknap Indian Community under section 11006.(22)

Secretary

The term Secretary means the Secretary of the Interior.(23)

St. mary unit

(A)

In general

The term St. Mary Unit means the St. Mary Storage Unit of the Milk River Project authorized by Congress on March 25, 1905.(B)

Inclusions

The term St. Mary Unit includes—(i)Sherburne Dam and Reservoir;(ii)Swift Current Creek Dike;(iii)Lower St. Mary Lake;(iv)St. Mary Canal Diversion Dam; and(v)St. Mary Canal and appurtenances.(24)

State

The term State means the State of Montana.(25)

Tribal water code

The term Tribal water code means the Tribal water code enacted by the Fort Belknap Indian Community pursuant to section 11005(g).(26)

Tribal water rights

The term Tribal water rights means the water rights of the Fort Belknap Indian Community, as described in Article III of the Compact and this division, including the allocation of water to the Fort Belknap Indian Community from Lake Elwell under section 11007.(27)

Trust fund

The term Trust Fund means the Aaniiih Nakoda Settlement Trust Fund established for the Fort Belknap Indian Community under section 11012(a).

11004.

Ratification of Compact

(a)

Ratification of Compact

(1)

In general

As modified by this division, the Compact is authorized, ratified, and confirmed.(2)

Amendments

Any amendment to the Compact is authorized, ratified, and confirmed to the extent that the amendment is executed to make the Compact consistent with this division.(b)

Execution

(1)

In general

To the extent that the Compact does not conflict with this division, the Secretary shall execute the Compact, including all appendices to, or parts of, the Compact requiring the signature of the Secretary.(2)

Modifications

Nothing in this division precludes the Secretary from approving any modification to an appendix to the Compact that is consistent with this division, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal law.(c)

Environmental compliance

(1)

In general

In implementing the Compact and this division, the Secretary shall comply with all applicable provisions of—(A)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(B)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and(C)other applicable Federal environmental laws and regulations.(2)

Compliance

(A)

In general

In implementing the Compact and this division, the Fort Belknap Indian Community shall prepare any necessary environmental documents, except for any environmental documents required under section 11008, consistent with all applicable provisions of—(i)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(ii)the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), including the implementing regulations of that Act; and(iii)all other applicable Federal environmental laws and regulations.(B)

Authorizations

The Secretary shall—(i)independently evaluate the documentation submitted under subparagraph (A); and(ii)be responsible for the accuracy, scope, and contents of that documentation.(3)

Effect of execution

The execution of the Compact by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).(4)

Costs

Any costs associated with the performance of the compliance activities described in paragraph (2) shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary.

11005.

Tribal water rights

(a)

Confirmation of tribal water rights

(1)

In general

The Tribal water rights are ratified, confirmed, and declared to be valid.(2)

Use

Any use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this division.(3)

Conflict

In the event of a conflict between the Compact and this division, this division shall control.(b)

Intent of congress

It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before the date of enactment of this division, taking into consideration—(1)the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this division;(2)the availability of funding under this division and from other sources;(3)the availability of water from the Tribal water rights; and(4)the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), and this division to protect the interests of allottees.(c)

Trust status of tribal water rights

The Tribal water rights—(1)shall be held in trust by the United States for the use and benefit of the Fort Belknap Indian Community and allottees in accordance with this division; and(2)shall not be subject to loss through non-use, forfeiture, or abandonment.(d)

Allottees

(1)

Applicability of the Act of february 8, 1887

The provisions of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), relating to the use of water for irrigation purposes, shall apply to the Tribal water rights.(2)

Entitlement to water

Any entitlement to water of an allottee under Federal law shall be satisfied from the Tribal water rights.(3)

Allocations

An allottee shall be entitled to a just and equitable allocation of water for irrigation purposes.(4)

Claims

(A)

Exhaustion of remedies

Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or any other applicable law, an allottee shall exhaust remedies available under the Tribal water code or other applicable Tribal law.(B)

Action for relief

After the exhaustion of all remedies available under the Tribal water code or other applicable Tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381), or other applicable law.(5)

Authority of the secretary

The Secretary shall have the authority to protect the rights of allottees in accordance with this section.(e)

Authority of the fort belknap indian community

(1)

In general

The Fort Belknap Indian Community shall have the authority to allocate, distribute, and lease the Tribal water rights for use on the Reservation in accordance with the Compact, this division, and applicable Federal law.(2)

Off-reservation use

The Fort Belknap Indian Community may allocate, distribute, and lease the Tribal water rights for off-Reservation use in accordance with the Compact, this division, and applicable Federal law—(A)subject to the approval of the Secretary; or(B)pursuant to Tribal water leasing regulations consistent with the requirements of subsection (f).(3)

Land leases by allottees

Notwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the Tribal water code.(f)

Tribal water leasing regulations

(1)

In general

At the discretion of the Fort Belknap Indian Community, any water lease of the Fort Belknap Indian Community of the Tribal water rights for use on or off the Reservation shall not require the approval of the Secretary if the lease—(A)is executed under tribal regulations, approved by the Secretary under this subsection;(B)is in accordance with the Compact; and(C)does not exceed a term of 100 years, except that a lease may include an option to renew for 1 additional term of not to exceed 100 years.(2)

Authority of the secretary over tribal water leasing regulations

(A)

In general

The Secretary shall have the authority to approve or disapprove any Tribal water leasing regulations issued in accordance with paragraph (1).(B)

Considerations for approval

The Secretary shall approve any Tribal water leasing regulations issued in accordance with paragraph (1) if the Tribal water leasing regulations—(i)provide for an environmental review process that includes—(I)the identification and evaluation of any significant effects of the proposed action on the environment; and(II)a process for ensuring that—(aa)the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Fort Belknap Indian Community; and(bb)the Fort Belknap Indian Community provides responses to relevant and substantive public comments on those impacts prior to its approval of a water lease; and(ii)are consistent with this division and the Compact.(3)

Review process

(A)

In general

Not later than 120 days after the date on which Tribal water leasing regulations under paragraph (1) are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations.(B)

Written documentation

If the Secretary disapproves the Tribal water leasing regulations described in subparagraph (A), the Secretary shall include written documentation with the disapproval notification that describes the basis for this disapproval.(C)

Extension

The deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community.(4)

Federal environmental review

Notwithstanding paragraphs (2) and (3), if the Fort Belknap Indian Community carries out a project or activity funded by a Federal agency, the Fort Belknap Indian Community—(A)shall have the authority to rely on the environmental review process of the applicable Federal agency; and(B)shall not be required to carry out a tribal environmental review process under this subsection.(5)

Documentation

If the Fort Belknap Indian Community issues a lease pursuant to Tribal water leasing regulations under paragraph (1), the Fort Belknap Indian Community shall provide the Secretary and the State a copy of the lease, including any amendments or renewals to the lease.(6)

Limitation of liability

(A)

In general

The United States shall not be liable in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement or storage agreement, including any claims relating to the terms included in such an agreement, made pursuant to Tribal water leasing regulations under paragraph (1).(B)

Obligations

The United States shall have no trust obligation or other obligation to monitor, administer, or account for—(i)any funds received by the Fort Belknap Indian Community as consideration under any lease or exchange agreement or storage agreement; or(ii)the expenditure of those funds.(g)

Tribal water code

(1)

In general

Notwithstanding Article IV.A.2. of the Compact, not later than 4 years after the date on which the Fort Belknap Indian Community approves the Compact in accordance with section 11011(f)(1), the Fort Belknap Indian Community shall enact a Tribal water code that provides for—(A)the administration, management, regulation, and governance of all uses of the Tribal water rights in accordance with the Compact and this division; and(B)the establishment by the Fort Belknap Indian Community of the conditions, permit requirements, and other requirements for the allocation, distribution, or use of the Tribal water rights in accordance with the Compact and this division.(2)

Inclusions

Subject to the approval of the Secretary, the Tribal water code shall provide—(A)that use of water by allottees shall be satisfied with water from the Tribal water rights;(B)a process by which an allottee may request that the Fort Belknap Indian Community provide water for irrigation use in accordance with this division, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403);(C)a due process system for the consideration and determination by the Fort Belknap Indian Community of any request of an allottee (or a successor in interest to an allottee) for an allocation of water for irrigation purposes on allotted land, including a process for—(i)appeal and adjudication of any denied or disputed distribution of water; and(ii)resolution of any contested administrative decision;(D)a requirement that any allottee asserting a claim relating to the enforcement of rights of the allottee under the Tribal water code, including to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under Tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B);(E)a process by which an owner of fee land within the boundaries of the Reservation may apply for use of a portion of the Tribal water rights; and(F)a process for the establishment of a controlled Groundwater area and for the management of that area in cooperation with establishment of a contiguous controlled Groundwater area off the Reservation established pursuant to Section B.2. of Article IV of the Compact and State law. (3)

Action by secretary

(A)

In general

During the period beginning on the date of enactment of this Act and ending on the date on which a Tribal water code described in paragraphs (1) and (2) is enacted, the Secretary shall administer, with respect to the rights of allottees, the Tribal water rights in accordance with the Compact and this division.(B)

Approval

The Tribal water code described in paragraphs (1) and (2) shall not be valid unless—(i)the provisions of the Tribal water code required by paragraph (2) are approved by the Secretary; and(ii)each amendment to the Tribal water code that affects a right of an allottee is approved by the Secretary.(C)

Approval period

(i)

In general

The Secretary shall approve or disapprove the Tribal water code or an amendment to the Tribal water code by not later than 180 days after the date on which the Tribal water code or amendment to the Tribal water code is submitted to the Secretary.(ii)

Extensions

The deadline described in clause (i) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community.(h)

Administration

(1)

No alienation

The Fort Belknap Indian Community shall not permanently alienate any portion of the Tribal water rights.(2)

Purchases or grants of land from indians

An authorization provided by this division for the allocation, distribution, leasing, or other arrangement entered into pursuant to this division shall be considered to satisfy any requirement for authorization of the action required by Federal law.(3)

Prohibition on forfeiture

The non-use of all or any portion of the Tribal water rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal water rights.(i)

Effect

Except as otherwise expressly provided in this section, nothing in this division—(1)authorizes any action by an allottee against any individual or entity, or against the Fort Belknap Indian Community, under Federal, State, Tribal, or local law; or(2)alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code.(j)

Pick-Sloan missouri river basin program power rates

(1)

In general

Notwithstanding any other provision of law, the Secretary, in cooperation with the Secretary of Energy, shall make available the Pick-Sloan Missouri River Basin Program irrigation project pumping power rates to the Fort Belknap Indian Community, the Fort Belknap Indian Irrigation Project, and any projects funded under this division.(2)

Authorized purposes

The power rates made available under paragraph (1) shall be authorized for the purposes of wheeling, administration, and payment of irrigation project pumping power rates, including project use power for gravity power.

11006.

Exchange and transfer of land

(a)

Exchange of eligible land and State land

(1)

Definitions

In this subsection:(A)

Eligible land

The term eligible land means—(i)public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that are administered by the Secretary, acting through the Director of the Bureau of Land Management; and(ii)land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 (16 U.S.C. 1609(a)) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service.(B)

Secretary concerned

The term Secretary concerned means, as applicable—(i)the Secretary, with respect to the eligible land administered by the Bureau of Land Management; and(ii)the Secretary of Agriculture, with respect to eligible land managed by the Forest Service.(2)

Negotiations authorized

(A)

In general

The Secretary concerned shall offer to enter into negotiations with the State for the purpose of exchanging eligible land described in paragraph (4) for the State land described in paragraph (3). (B)

Requirements

Any exchange of land made pursuant to this subsection shall be subject to the terms and conditions of this subsection.(C)

Priority

(i)

In general

In carrying out this paragraph, the Secretary and the Secretary of Agriculture shall, during the 5-year period beginning on the date of enactment of this Act, give priority to an exchange of eligible land located within the State for State land.(ii)

Secretary of Agriculture

The responsibility of the Secretary of Agriculture under clause (i), during the 5-year period described in that clause, shall be limited to negotiating with the State an acceptable package of land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 (16 U.S.C. 1609(a))).(3)

State land

The Secretary is authorized to accept the following parcels of State land located on and off the Reservation:(A)717.56 acres in T. 26 N., R. 22 E., sec. 16.(B)707.04 acres in T. 27 N., R. 22 E., sec. 16.(C)640 acres in T. 27 N., R. 21 E., sec. 36.(D)640 acres in T. 26 N., R. 23 E., sec. 16.(E)640 acres in T. 26 N., R. 23 E., sec. 36.(F)640 acres in T. 26 N., R. 26 E., sec. 16.(G)640 acres in T. 26 N., R. 22 E., sec. 36.(H)640 acres in T. 27 N., R. 23 E., sec. 16.(I)640 acres in T. 27 N., R. 25 E., sec. 36.(J)640 acres in T. 28 N., R. 22 E., sec. 36.(K)640 acres in T. 28 N., R. 23 E., sec. 16.(L)640 acres in T. 28 N., R. 24 E., sec. 36.(M)640 acres in T. 28 N., R. 25 E., sec. 16.(N)640 acres in T. 28 N., R. 25 E., sec. 36.(O)640 acres in T. 28 N., R. 26 E., sec. 16.(P)94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act, comprised of—(i)30.68 acres in lot 5;(ii)26.06 acres in lot 6;(iii)21.42 acres in lot 7; and(iv)16.8 acres in lot 8.(Q)652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding the 73.36 acres under lease by individuals who are not members of the Fort Belknap Indian Community, on the date of enactment of this Act.(R)640 acres in T. 29 N., R. 22 E., sec. 36.(S)640 acres in T. 29 N., R. 23 E., sec. 16.(T)640 acres in T. 29 N., R. 24 E., sec. 16.(U)640 acres in T. 29 N., R. 24 E., sec. 36.(V)640 acres in T. 29 N., R. 25 E., sec. 16.(W)640 acres in T. 29 N., R. 25 E., sec. 36.(X)640 acres in T. 29 N., R. 26 E., sec. 16.(Y)663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding the 58.72 acres under lease by individuals who are not members of the Fort Belknap Indian Community on the date of enactment of this Act.(Z)640 acres in T. 30 N., R. 22 E., sec. 36.(AA)640 acres in T. 30 N., R. 23 E., sec. 16.(BB)640 acres in T. 30 N., R. 23 E., sec. 36.(CC)640 acres in T. 30 N., R. 24 E., sec. 16.(DD)640 acres in T. 30 N., R. 24 E., sec. 36.(EE)640 acres in T. 30 N., R. 25 E., sec. 16.(FF)275.88 acres in T. 30 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act.(GG)640 acres in T. 31 N., R. 22 E., sec. 36.(HH)640 acres in T. 31 N., R. 23 E., sec. 16.(II)640 acres in T. 31 N., R. 23 E., sec. 36.(JJ)34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4.(KK)640 acres in T. 25 N., R. 22 E., sec. 16.(4)

Eligible land

(A)

In general

Subject to valid existing rights, the reservation of easements or rights-of-way deemed necessary to be retained by the Secretary concerned, and the requirements of this subsection, the Secretary is authorized and directed to convey to the State any eligible land within the State identified in the negotiations authorized by paragraph (2) and agreed to by the Secretary concerned.(B)

Exceptions

The Secretary concerned shall exclude from any conveyance any parcel of eligible land that is—(i)included within the National Landscape Conservation System established by section 2002(a) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7202(a)), without regard to whether that land has been identified as available for disposal in a land use plan;(ii)designated as wilderness by Congress;(iii)within a component of the National Wild and Scenic Rivers System; or(iv)designated in the Forest Land and Resource Management Plan as a Research Natural Area.(C)

Administrative responsibility

The Secretary shall be responsible for meeting all substantive and any procedural requirements necessary to complete the exchange and the conveyance of the eligible land.(5)

Land into trust

On completion of the land exchange authorized by this subsection, the Secretary shall, as soon as practicable after the enforceability date, take the land received by the United States pursuant to this subsection into trust for the benefit of the Fort Belknap Indian Community.(6)

Terms and conditions

(A)

Equal value

The values of the eligible land and State land exchanged under this subsection shall be equal, except that the Secretary concerned may—(i)exchange land that is of approximately equal value if such an exchange complies with the requirements of section 206(h) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(h)) (and any regulations implementing that section) without regard to the monetary limitation described in paragraph (1)(A) of that section; and(ii)make or accept an equalization payment, or waive an equalization payment, if such a payment or waiver of a payment complies with the requirements of section 206(b) of that Act (43 U.S.C. 1716(b)) (and any regulations implementing that section).(B)

Impacts on local governments

In identifying eligible land to be exchanged with the State, the Secretary concerned and the State may—(i)consider the financial impacts of exchanging specific eligible land on local governments; and(ii)attempt to minimize the financial impact of the exchange on local governments.(C)

Existing authorizations

(i)

Eligible land conveyed to the state

(I)

In general

Any eligible land conveyed to the State under this subsection shall be subject to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II)

Assumption by State

The State shall assume all benefits and obligations of the Forest Service or the Bureau of Land Management, as applicable, under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I).(ii)

State land conveyed to the united states

(I)

In general

Any State land conveyed to the United States under this subsection and taken into trust for the benefit of the Fort Belknap Indian Community subject shall be to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II)

Assumption by Bureau of Indian Affairs

The Bureau of Indian Affairs shall—(aa)assume all benefits and obligations of the State under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I); and (bb)disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-way, after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the benefit of the Fort Belknap Indian Community.(D)

Personal property

(i)

In general

Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred to the United States under this subsection shall—(I)remain the property of the holder; and (II)be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii)

Remaining property

Any personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall—(I)become the property of the Fort Belknap Indian Community; and (II)be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii)

Liability of previous holder

The holder of personal property described in clause (i) shall be liable for costs incurred by the Fort Belknap Indian Community in removing and disposing of the personal property under clause (ii)(II).(7)

Technical corrections

Notwithstanding the descriptions of the parcels of land owned by the State under paragraph (3), the State may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the State parcels to be exchanged.(8)

Assistance

The Secretary shall provide $10,000,000 of financial or other assistance to the State and the Fort Belknap Indian Community as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under paragraph (2).(b)

Federal land transfers

(1)

In general

Subject to valid existing rights and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held by the United States in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation on the enforceability date.(2)

Federal land

(A)

Bureau of land management parcels

(i)59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised of—(I)19.55 acres in lot 10;(II)19.82 acres in lot 11; and(III)20.09 acres in lot 16.(ii)324.24 acres in the N1⁄2 of T. 25 N., R. 22 E., sec. 5.(iii)403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised of—(I)20.39 acres in lot 2;(II)20.72 acres in lot 7;(III)21.06 acres in lot 8;(IV)40.00 acres in lot 9;(V)40.00 acres in lot 10;(VI)40.00 acres in lot 11;(VII)40.00 acres in lot 12;(VIII)21.39 acres in lot 13; and(IX)160 acres in SW1/4.(iv)70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised of—(I)18.06 acres in lot 5;(II)18.25 acres in lot 6;(III)18.44 acres in lot 7; and(IV)15.88 acres in lot 8.(v)71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised of—(I)17.65 acres in lot 5;(II)17.73 acres in lot 6;(III)17.83 acres in lot 7; and(IV)17.91 acres in lot 8.(vi)103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised of—(I)21.56 acres in lot 6;(II)29.50 acres in lot 7;(III)17.28 acres in lot 8;(IV)17.41 acres in lot 9; and(V)17.54 acres in lot 10.(vii)160 acres in T. 26 N., R. 21 E., sec. 1, comprised of—(I)80 acres in the S1⁄2 of the NW1⁄4; and(II)80 acres in the W1⁄2 of the SW1⁄4.(viii)567.50 acres in T. 26 N., R. 21 E., sec. 2, comprised of—(I)82.54 acres in the E1⁄2 of the NW1⁄4;(II)164.96 acres in the NE1⁄4; and(III)320 acres in the S1⁄2.(ix)240 acres in T. 26 N., R. 21 E., sec. 3, comprised of—(I)40 acres in the SE1⁄4 of the NW1⁄4;(II)160 acres in the SW1⁄4; and(III)40 acres in the SW1⁄4 of the SE1⁄4.(x)120 acres in T. 26 N., R. 21 E., sec. 4, comprised of—(I)80 acres in the E1⁄2 of the SE1⁄4; and(II)40 acres in the NW1⁄4 of the SE1⁄4.(xi)200 acres in T. 26 N., R. 21 E., sec. 5, comprised of—(I)160 acres in the SW1⁄4; and(II)40 acres in the SW1⁄4 of the NW1⁄4.(xii)40 acres in the SE1⁄4 of the SE1⁄4 of T. 26 N., R. 21 E., sec. 6.(xiii)240 acres in T. 26 N., R. 21 E., sec. 8, comprised of—(I)40 acres in the NE1⁄4 of the SW1⁄4;(II)160 acres in the NW1⁄4; and(III)40 acres in the NW1⁄4 of the SE1⁄4.(xiv)320 acres in the E1⁄2 of T. 26 N., R. 21 E., sec. 9.(xv)640 acres in T. 26 N., R. 21 E., sec. 10.(xvi)600 acres in T. 26 N., R. 21 E., sec. 11, comprised of—(I)320 acres in the N1⁄2;(II)80 acres in the N1⁄2 of the SE1⁄4;(III)160 acres in the SW1⁄4; and(IV)40 acres in the SW1⁄4 of the SE1⁄4.(xvii)525.81 acres in T. 26 N., R. 22 E., sec. 21, comprised of—(I)6.62 acres in lot 1;(II)5.70 acres in lot 2;(III)56.61 acres in lot 5;(IV)56.88 acres in lot 6;(V)320 acres in the W1/2; and(VI)80 acres in the W1/2 of the SE1/4.(xviii)719.58 acres in T. 26 N., R. 22 E., sec. 28.(xix)560 acres in T. 26 N., R. 22 E., sec. 29, comprised of—(I)320 acres in the N1⁄2;(II)160 acres in the N1⁄2 of the S1⁄2; and(III)80 acres in the S1⁄2 of the SE1⁄4.(xx)400 acres in T. 26 N., R. 22 E., sec. 32, comprised of—(I)320 acres in the S1⁄2; and(II)80 acres in the S1⁄2 of the NW1⁄4.(xxi)455.51 acres in T. 26 N., R. 22 E., sec. 33, comprised of—(I)58.25 acres in lot 3;(II)58.5 acres in lot 4;(III)58.76 acres in lot 5;(IV)40 acres in the NW1⁄4 of the NE1⁄4;(V)160 acres in the SW1⁄4; and(VI)80 acres in the W1⁄2 of the SE1⁄4.(xxii)88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised of—(I)24.36 acres in lot 1;(II)24.35 acres in lot 2; and(III)40 acres in the SW1⁄4 of the SW1⁄4.(xxiii)80 acres in T. 27 N., R. 21 E., sec. 3, comprised of—(I)40 acres in lot 11; and(II)40 acres in lot 12.(xxiv)80 acres in T. 27 N., R. 21 E., sec. 11, comprised of—(I)40 acres in the NW1⁄4 of the SW1⁄4; and(II)40 acres in the SW1⁄4 of the NW1⁄4.(xxv)200 acres in T. 27 N., R. 21 E., sec. 12, comprised of—(I)80 acres in the E1⁄2 of the SW1⁄4;(II)40 acres in the NW1⁄4 of the NW1⁄4; and(III)80 acres in the S1⁄2 of the NW1⁄4.(xxvi)40 acres in the SE1⁄4 of the NE1⁄4 of T. 27 N., R. 21 E., sec. 23.(xxvii)320 acres in T. 27 N., R. 21 E., sec. 24, comprised of—(I)80 acres in the E1⁄2 of the NW1⁄4;(II)160 acres in the NE1⁄4;(III)40 acres in the NE1⁄4 of the SE1⁄4; and(IV)40 acres in the SW1⁄4 of the SW1⁄4.(xxviii)120 acres in T. 27 N., R. 21 E., sec. 25, comprised of—(I)80 acres in the S1⁄2 of the NE1⁄4; and(II)40 acres in the SE1⁄4 of the NW1⁄4.(xxix)40 acres in the NE1⁄4 of the SE1⁄4 of T. 27 N., R. 21 E., sec. 26.(xxx)160 acres in the NW1⁄4 of T. 27 N., R. 21 E., sec. 27.(xxxi)40 acres in the SW1⁄4 of the SW1⁄4 of T. 27 N., R. 21 E., sec. 29.(xxxii)40 acres in the SW1⁄4 of the NE1⁄4 of T. 27 N., R. 21 E., sec 30.(xxxiii)120 acres in T. 27 N., R. 21 E., sec. 33, comprised of—(I)40 acres in the SE1⁄4 of the NE1⁄4; and(II)80 acres in the N1⁄2 of the SE1⁄4.(xxxiv)440 acres in T. 27 N., R. 21 E., sec. 34, comprised of—(I)160 acres in the N1⁄2 of the S1⁄2;(II)160 acres in the NE1⁄4;(III)80 acres in the S1⁄2 of the NW1⁄4; and(IV)40 acres in the SE1⁄4 of the SE1⁄4.(xxxv)133.44 acres in T. 27 N., R. 22 E., sec. 4, comprised of—(I)28.09 acres in lot 5;(II)25.35 acres in lot 6;(III)40 acres in lot 10; and(IV)40 acres in lot 15.(xxxvi)160 acres in T. 27 N., R. 22 E., sec. 7, comprised of—(I)40 acres in the NE1⁄4 of the NE1/4;(II)40 acres in the NW1⁄4 of the SW1⁄4; and(III)80 acres in the W1⁄2 of the NW1⁄4.(xxxvii)120 acres in T. 27 N., R. 22 E., sec. 8, comprised of—(I)80 acres in the E1⁄2 of the NW1⁄4; and(II)40 acres in the NE1⁄4 of the SW1⁄4.(xxxviii)40 acres in the SW1⁄4 of the NW1⁄4 of T. 27 N., R. 22 E., sec. 9.(xxxix)40 acres in the NE1⁄4 of the SW1⁄4 of T. 27 N., R. 22 E., sec. 17.(xl)40 acres in the NW1⁄4 of the NW1⁄4 of T. 27 N., R. 22 E., sec. 19.(xli)40 acres in the SE1⁄4 of the NW1⁄4 of T. 27 N., R22 E., sec. 20.(xlii)80 acres in the W1⁄2 of the SE1⁄4 of T. 27 N., R. 22 E., sec. 31.(xliii)52.36 acres in the SE1⁄4 of the SE1⁄4 of T. 27 N., R. 22 E., sec. 33.(xliv)40 acres in the NE1⁄4 of the SW1⁄4 of T. 28 N., R. 22 E., sec. 29.(xlv)40 acres in the NE1⁄4 of the NE1⁄4 of T. 26 N., R. 21 E., sec. 7.(xlvi)40 acres in the SW1⁄4 of the NW1⁄4 of T. 26 N., R. 21 E., sec. 12.(xlvii)42.38 acres in the NW1⁄4 of the NE1⁄4 of T. 26 N., R. 22 E., sec. 6.(xlviii)320 acres in the E1⁄2 of T. 26 N., R. 22 E., sec. 17.(xlix)80 acres in the E1⁄2 of the NE1⁄4 of T. 26 N., R. 22 E., sec. 20.(l)240 acres in T. 26 N., R. 22 E., sec. 30, comprised of—(I)80 acres in the E1⁄2 of the NE1⁄4;(II)80 acres in the N1⁄2 of the SE1⁄4;(III)40 acres in the SE1⁄4 of the NW1⁄4; and(IV)40 acres in the SW1⁄4 of the NE1⁄4.(B)

Bureau of indian affairs

The parcels of approximately 3,519.3 acres of trust land that have been converted to fee land, judicially foreclosed on, acquired by the Department of Agriculture, and transferred to the Bureau of Indian Affairs, described in clauses (i) through (iii).(i)

Parcel 1

The land described in this clause is 640 acres in T. 29 N., R. 26 E., comprised of—(I)160 acres in the SW¼ of sec. 27;(II)160 acres in the NE¼ of sec. 33; and(III)320 acres in the W½ of sec. 34.(ii)

Parcel 2

The land described in this clause is 320 acres in the N½ of T. 30 N., R. 23 E., sec. 28.(iii)

Parcel 3

The land described in this clause is 2,559.3 acres, comprised of—(I)T. 28 N., R. 24 E., including—(aa)of sec. 16—(AA)5 acres in the E1/2, W1/2, E1/2, W1/2, W1/2, NE1/4;(BB)10 acres in the E1/2, E1/2, W1/2, W1/2, NE1/4;(CC)40 acres in the E1/2, W1/2, NE1/4;(DD)40 acres in the W1/2, E1/2, NE1/4;(EE)20 acres in the W1/2, E1/2, E1/2, NE1/4;(FF)5 acres in the W1/2, W1/2, E1/2, E1/2, E1/2, NE1/4; and(GG)160 acres in the SE1/4;(bb)640 acres in sec. 21;(cc)320 acres in the S1/2 of sec. 22; and(dd)320 acres in the W1/2 of sec. 27;(II)T. 29 N., R. 25 E., PMM, including—(aa)320 acres in the S1/2 of sec. 1; and(bb)320 acres in the N1/2 of sec. 12;(III)39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2;(IV)T. 30 N., R. 26 E., PMM, including—(aa)39.4 acres in sec. 3, lot 2;(bb)40 acres in the SW1/4 of the SW1/4 of sec. 4;(cc)80 acres in the E1/2 of the SE1/4 of sec. 5;(dd)80 acres in the S1/2 of the SE1/4 of sec. 7; and(ee)40 acres in the N1/2, N1/2, NE1/4 of sec. 18; and(V)40 acres in T. 31 N., R. 26 E., PMM, the NW1/4 of the SE1/4 of sec. 31.(3)

Terms and conditions

(A)

Existing authorizations

(i)

In general

Federal land transferred under this subsection shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, and rights-of-way requests an earlier termination in accordance with existing law. (ii)

Assumption by Bureau of Indian Affairs

The Bureau of Indian Affairs shall—(I)assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i); and (II)disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Fort Belknap Indian Community.(B)

Personal property

(i)

In general

Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred under this subsection shall—(I)remain the property of the holder; and (II)be removed from the land not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii)

Remaining property

Any personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall—(I)become the property of the Fort Belknap Indian Community; and (II)be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii)

Liability of previous holder

The holder of personal property described in clause (i) shall be liable to the Fort Belknap Indian Community for costs incurred by the Fort Belknap Indian Community in removing and disposing of the property under clause (ii)(II). (C)

Existing roads

If any road within the Federal land transferred under this subsection is necessary for customary access to private land, the Bureau of Indian Affairs shall offer the owner of the private land to apply for a right-of-way along the existing road, at the expense of the landowner.(D)

Limitation on the transfer of water rights

Water rights that transfer with the land described in paragraph (2) shall not become part of the Tribal water rights, unless those rights are recognized and ratified in the Compact.(4)

Withdrawal of Federal land

(A)

In general

Subject to valid existing rights, effective on the date of enactment of this Act, all Federal land within the parcels described in paragraph (2) is withdrawn from all forms of—(i)entry, appropriation, or disposal under the public land laws;(ii)location, entry, and patent under the mining laws; and(iii)disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.(B)

Expiration

The withdrawals pursuant to subparagraph (A) shall terminate on the date that the Secretary takes the land into trust for the benefit of the Fort Belknap Indian Community pursuant to paragraph (1).(C)

No new reservation of Federal water rights

Nothing in this paragraph establishes a new reservation in favor of the United States or the Fort Belknap Indian Community with respect to any water or water right on the land withdrawn by this paragraph.(5)

Technical corrections

Notwithstanding the descriptions of the parcels of Federal land in paragraph (2), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels.(6)

Survey

(A)

In general

Unless the United States or the Fort Belknap Indian Community request an additional survey for the transferred land or a technical correction is made under paragraph (5), the description of land under this subsection shall be controlling.(B)

Additional survey

If the United States or the Fort Belknap Indian Community requests an additional survey, that survey shall control the total acreage to be transferred into trust under this subsection.(C)

Assistance

The Secretary shall provide such financial or other assistance as may be necessary—(i)to conduct additional surveys under this subsection; and(ii)to satisfy administrative requirements necessary to accomplish the land transfers under this subsection.(7)

Date of transfer

The Secretary shall complete all land transfers under this subsection and shall take the land into trust for the benefit of the Fort Belknap Indian Community as expeditiously as practicable after the enforceability date, but not later than 10 years after the enforceability date.(c)

Tribally owned fee land

Not later than 10 years after the enforceability date, the Secretary shall take into trust for the benefit of the Fort Belknap Indian Community all fee land owned by the Fort Belknap Indian Community on or adjacent to the Reservation to become part of the Reservation, provided that—(1)the land is free from any liens, encumbrances, or other infirmities; and(2)no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land.(d)

Dodson land

(1)

In general

Subject to paragraph (2), as soon as practicable after the enforceability date, but not later than 10 years after the enforceability date, the Dodson Land described in paragraph (3) shall be taken into trust by the United States for the benefit of the Fort Belknap Indian Community as part of the Reservation.(2)

Restrictions

The land taken into trust under paragraph (1) shall be subject to a perpetual easement, reserved by the United States for use by the Bureau of Reclamation, its contractors, and its assigns for—(A)the right of ingress and egress for Milk River Project purposes;(B)the right to—(i)seep, flood, and overflow the transferred land for Milk River Project purposes;(ii)conduct routine and non-routine operation, maintenance, and replacement activities on the Milk River Project facilities, including modification to the headworks at the upstream end of the Dodson South Canal in support of Dodson South Canal enlargement, to include all associated access, construction, and material storage necessary to complete those activities; and(iii)prohibit the construction of permanent structures on the transferred land, except—(I)as provided in the cooperative agreement under paragraph (4); and (II)to meet the requirements of the Milk River Project.(3)

Description of Dodson land

(A)

In general

The Dodson Land referred to in paragraphs (1) and (2) is the approximately 2,500 acres of land owned by the United States that is, as of the date of enactment of this Act, under the jurisdiction of the Bureau of Reclamation and located at the northeastern corner of the Reservation (which extends to the point in the middle of the main channel of the Milk River), where the Milk River Project facilities, including the Dodson Diversion Dam, headworks to the Dodson South Canal, and Dodson South Canal, are located, and more particularly described as follows:(i)Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 and 2.(ii)Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13.(iii)Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 18, 19, 20, and 29.(iv)Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 26, 27, 35, and 36.(B)

Clarification

The supplemental plats described in clauses (i) through (iv) of subparagraph (A) are official plats, as documented by retracement boundary surveys of the General Land Office, approved on March 11, 1938, and on record at the Bureau of Land Management.(C)

Technical corrections

Notwithstanding the descriptions of the parcels of Federal land in subparagraph (A), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred.(4)

Cooperative agreement

Not later than 3 years after the enforceability date, the Bureau of Reclamation, the Malta Irrigation District, the Bureau of Indian Affairs, and the Fort Belknap Indian Community shall negotiate and enter into a cooperative agreement that identifies the uses to which the Fort Belknap Indian Community may put the land described in paragraph (3), provided that the cooperative agreement may be amended by mutual agreement of the Fort Belknap Indian Community, Bureau of Reclamation, the Malta Irrigation District, and the Bureau of Indian Affairs, including to modify the perpetual easement to narrow the boundaries of the easement or to terminate the perpetual easement and cooperative agreement.(e)

Land status

All land held in trust by the United States for the benefit of the Fort Belknap Indian Community under this section shall be—(1)beneficially owned by the Fort Belknap Indian Community; and(2)part of the Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe.

11007.

Storage allocation from Lake Elwell

(a)

Storage allocation of water to Fort Belknap Indian Community

The Secretary shall allocate to the Fort Belknap Indian Community 20,000 acre-feet per year of water stored in Lake Elwell for use by the Fort Belknap Indian Community for any beneficial purpose on or off the Reservation, under a water right held by the United States and managed by the Bureau of Reclamation for the benefit of the Fort Belknap Indian Community, as measured and diverted at the outlet works of the Tiber Dam or through direct pumping from Lake Elwell.(b)

Treatment

(1)

In general

The allocation to the Fort Belknap Indian Community under subsection (a) shall be considered to be part of the Tribal water rights.(2)

Priority date

The priority date of the allocation to the Fort Belknap Indian Community under subsection (a) shall be the priority date of the Lake Elwell water right held by the Bureau of Reclamation.(3)

Administration

The Fort Belknap Indian Community shall administer the water allocated under subsection (a) in accordance with the Compact and this division.(c)

Allocation agreement

(1)

In general

As a condition of receiving the allocation under this section, the Fort Belknap Indian Community shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this division.(2)

Inclusions

The agreement under paragraph (1) shall include provisions establishing that—(A)the agreement shall be without limit as to term;(B)the Fort Belknap Indian Community, and not the United States, shall be entitled to all consideration due to the Fort Belknap Indian Community under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d);(C)the United States shall have no obligation to monitor, administer, or account for—(i)any funds received by the Fort Belknap Indian Community as consideration under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); or(ii)the expenditure of those funds;(D)if the capacity or function of Lake Elwell facilities are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Fort Belknap Indian Community shall have the same storage rights as other storage contractors with respect to the allocation under this section;(E)the costs associated with the construction of the storage facilities at Tiber Dam allocable to the Fort Belknap Indian Community shall be nonreimbursable;(F)no water service capital charge shall be due or payable for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, regardless of whether that water is delivered for use by the Fort Belknap Indian Community or under a lease, contract, exchange, or by agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d);(G)the Fort Belknap Indian Community shall not be required to make payments to the United States for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, except for each acre-foot of stored water leased or transferred for industrial purposes as described in subparagraph (H); and(H)for each acre-foot of stored water leased or transferred by the Fort Belknap Indian Community for industrial purposes—(i)the Fort Belknap Indian Community shall pay annually to the United States an amount necessary to cover the proportional share of the annual operations, maintenance, and replacement costs allocable to the quantity of water leased or transferred by the Fort Belknap Indian Community for industrial purposes; and(ii)the annual payments of the Fort Belknap Indian Community shall be reviewed and adjusted, as appropriate, to reflect the actual operations, maintenance, and replacement costs for Tiber Dam.(d)

Agreement by fort Belknap Indian Community

The Fort Belknap Indian Community may use, lease, contract, exchange, or enter into other agreements for the use of the water allocated to the Fort Belknap Indian Community under subsection (a) if—(1)the use of water that is the subject of such an agreement occurs within the Missouri River Basin; and(2)the agreement does not permanently alienate any water allocated to the Fort Belknap Indian Community under that subsection.(e)

Effective date

The allocation under subsection (a) takes effect on the enforceability date.(f)

No carryover storage

The allocation under subsection (a) shall not be increased by any year-to-year carryover storage.(g)

Development and delivery costs

The United States shall not be required to pay the cost of developing or delivering any water allocated under this section.

11008.

Milk River Project mitigation

(a)

In general

In complete satisfaction of the Milk River Project mitigation requirements provided for in Article VI.B. of the Compact, the Secretary, acting through the Commissioner—(1)in cooperation with the State and the Blackfeet Tribe, shall carry out appropriate activities concerning the restoration of the St. Mary Canal and associated facilities, including activities relating to the—(A)planning and design to restore the St. Mary Canal and appurtenances to convey 850 cubic-feet per second; and(B)rehabilitating, constructing, and repairing of the St. Mary Canal and appurtenances; and(2)in cooperation with the State and the Fort Belknap Indian Community, shall carry out appropriate activities concerning the enlargement of Dodson South Canal and associated facilities, including activities relating to the—(A)planning and design to enlarge Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; and(B)rehabilitating, constructing, and enlarging the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second.(b)

Funding

The total amount of obligations incurred by the Secretary, prior to any adjustments provided for in section 11014(b), shall not exceed $300,000,000 to carry out activities described in subsection (c)(1).(c)

Satisfaction of mitigation requirement

Notwithstanding any provision of the Compact, the mitigation required by Article VI.B. of the Compact shall be deemed satisfied if—(1)the Secretary has—(A)restored the St. Mary Canal and associated facilities to convey 850 cubic-feet per second; and(B)enlarged the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; or(2)the Secretary—(A)has expended all of the available funding provided pursuant to section 11014(a)(1)(D) to rehabilitate the St. Mary Canal and enlarge the Dodson South Canal; and(B)despite diligent efforts, could not complete the activities described in subsection (a).(d)

Nonreimbursability of costs

The costs to the Secretary of carrying out this section shall be nonreimbursable.

11009.

Fort Belknap Indian Irrigation Project System

(a)

In general

Subject to the availability of appropriations, the Secretary shall rehabilitate, modernize, and expand the Fort Belknap Indian Irrigation Project, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019, which shall include— (1)planning, studies, and designing of the existing and expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project;(2)the rehabilitation, modernization, and construction of the existing Milk River unit; and(3)construction of the expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project.(b)

Lead agency

The Bureau of Indian Affairs, in coordination with the Bureau of Reclamation, shall serve as the lead agency with respect to any activities carried out under this section.(c)

Consultation with the Fort Belknap Indian Community

The Secretary shall consult with the Fort Belknap Indian Community on appropriate changes to the final design and costs of any activity under this section.(d)

Funding

The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 11014(b), shall not exceed $415,832,153.(e)

Nonreimbursability of costs

All costs incurred by the Secretary in carrying out this section shall be nonreimbursable.(f)

Administration

The Secretary and the Fort Belknap Indian Community shall negotiate the cost of any oversight activity carried out by the Bureau of Indian Affairs or the Bureau of Reclamation under any agreement entered into under subsection (j), subject to the condition that the total cost for the oversight shall not exceed 3 percent of the total project costs for each project.(g)

Project management committee

Not later than 1 year after the date of enactment of this Act, the Secretary shall facilitate the formation of a project management committee composed of representatives of the Bureau of Indian Affairs, the Bureau of Reclamation, and the Fort Belknap Indian Community—(1)to review and make recommendations relating to cost factors, budgets, and implementing the activities for rehabilitating, modernizing, and expanding the Fort Belknap Indian Irrigation Project; and(2)to improve management of inherently governmental activities through enhanced communication. (h)

Project efficiencies

If the total cost of planning, studies, design, rehabilitation, modernization, and construction activities relating to the projects described in subsection (a) results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under section 11012(b)(2).(i)

Treatment

Any activities carried out pursuant to this section that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project shall—(1)become a part of the Fort Belknap Indian Irrigation Project; and(2)be recorded in the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project.(j)

Applicability of ISDEAA

At the request of the Fort Belknap Indian Community, and in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), the Secretary shall enter into agreements with the Fort Belknap Indian Community to carry out all or a portion of this section.(k)

Effect

Nothing in this section—(1)alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operations and maintenance of the Fort Belknap Indian Irrigation Project; or(2)impacts the availability of amounts under section 11014.(l)

Satisfaction of Fort Belknap Indian Irrigation Project System requirement

The obligations of the Secretary under subsection (a) shall be deemed satisfied if the Secretary—(1)has rehabilitated, modernized, and expanded the Fort Belknap Indian Irrigation Project in accordance with subsection (a); or(2)(A)has expended all of the available funding provided pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and(B)despite diligent efforts, could not complete the activities described in subsection (a).

11010.

Satisfaction of claims

(a)

In general

The benefits provided under this division shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Fort Belknap Indian Community against the United States that is waived and released by the Fort Belknap Indian Community under section 11011(a).(b)

Allottees

The benefits realized by the allottees under this division shall be in complete replacement of, complete substitution for, and full satisfaction of—(1)all claims waived and released by the United States (acting as trustee for the allottees) under section 11011(a)(2); and(2)any claims of the allottees against the United States similar to the claims described in section 11011(a)(2) that the allottee asserted or could have asserted.

11011.

Waivers and releases of claims

(a)

In general

(1)

Waiver and release of claims by the fort belknap indian community and United States as trustee for the fort belknap indian community

Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), and the United States, acting as trustee for the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Fort Belknap Indian Community, or the United States acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division.(2)

Waiver and release of claims by the United States as trustee for allottees

Subject to the reservation of rights and the retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the United States, acting as trustee for the allottees, shall execute a waiver and release of all claims for water rights within the Reservation that the United States, acting as trustee for the allottees, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division.(3)

Waiver and release of claims by the Fort Belknap Indian Community against the United States

Subject to the reservation of rights and retention of claims under subsection (d), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States)—(A)first arising before the enforceability date relating to—(i)water rights within the State that the United States, acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a general stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this division;(ii)foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses);(iii)damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State;(iv)a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation;(v)damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of the Fort Belknap Indian Irrigation Project and other Federal land and facilities (including damages, losses, or injuries to Tribal fisheries, fish habitat, wildlife, and wildlife habitat);(vi)a failure to provide for operation and maintenance, or deferred maintenance, for the Fort Belknap Indian Irrigation Project or any other irrigation system or irrigation project;(vii)the litigation of claims relating to any water rights of the Fort Belknap Indian Community in the State;(viii)the negotiation, execution, or adoption of the Compact (including appendices) and this division;(ix)the taking or acquisition of land or resources of the Fort Belknap Indian Community for the construction or operation of the Fort Belknap Indian Irrigation Project or the Milk River Project; and(x)the allocation of water of the Milk River and the St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448); and(B)relating to damage, loss, or injury to water, water rights, land, or natural resources due to mining activities in the Little Rockies Mountains prior to the date of trust acquisition, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights.(b)

Effectiveness

The waivers and releases under subsection (a) shall take effect on the enforceability date.(c)

Objections in Montana water court

Nothing in this division or the Compact prohibits the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, an allottee, or the United States in any capacity from objecting to any claim to a water right filed in any general stream adjudication in the Montana Water Court.(d)

Reservation of rights and retention of claims

Notwithstanding the waivers and releases under subsection (a), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community, and the United States, acting as trustee for the Fort Belknap Indian Community and the allottees shall retain—(1)all claims relating to—(A)the enforcement of water rights recognized under the Compact, any final court decree relating to those water rights, or this division or to water rights accruing on or after the enforceability date;(B)the quality of water under—(i)CERCLA, including damages to natural resources;(ii)the Safe Drinking Water Act (42 U.S.C. 300f et seq.);(iii)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); and(iv)any regulations implementing the Acts described in clauses (i) through (iii);(C)damage, loss, or injury to land or natural resources that are—(i)not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights); and(ii)not described in subsection (a)(3); and(D)an action to prevent any person or party (as defined in sections 29 and 30 of Article II of the Compact) from interfering with the enjoyment of the Tribal water rights;(2)all claims relating to off-Reservation hunting rights, fishing rights, gathering rights, or other rights;(3)all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act;(4)all claims relating to the allocation of waters of the Milk River and the Milk River Project between the Fort Belknap Indian Community and the Blackfeet Tribe, pursuant to section 3705(e)(3) of the Blackfeet Water Rights Settlement Act (Public Law 114–322; 130 Stat. 1818);(5)all claims relating to the enforcement of this division, including the required transfer of land under section 11006; and(6)all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this division or the Compact.(e)

Effect of Compact and division

Nothing in the Compact or this division—(1)affects the authority of the Fort Belknap Indian Community to enforce the laws of the Fort Belknap Indian Community, including with respect to environmental protections;(2)affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including—(A)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);(B)the Safe Drinking Water Act (42 U.S.C. 300f et seq.);(C)CERCLA; and(D)any regulations implementing the Acts described in subparagraphs (A) through (C);(3)affects the ability of the United States to act as trustee for any other Indian Tribe or an allottee of any other Indian Tribe;(4)confers jurisdiction on any State court—(A)to interpret Federal law relating to health, safety, or the environment;(B)to determine the duties of the United States or any other party under Federal law relating to health, safety, or the environment; or(C)to conduct judicial review of any Federal agency action;(5)waives any claim of a member of the Fort Belknap Indian Community in an individual capacity that does not derive from a right of the Fort Belknap Indian Community;(6)revives any claim adjudicated in the decision in Gros Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); or(7)revives any claim released by an allottee or member of the Fort Belknap Indian Community in the settlement in Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 2012).(f)

Enforceability date

The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that—(1)the eligible members of the Fort Belknap Indian Community have voted to approve this division and the Compact by a majority of votes cast on the day of the vote;(2)(A)the Montana Water Court has approved the Compact in a manner from which no further appeal may be taken; or(B)if the Montana Water Court is found to lack jurisdiction, the appropriate district court of the United States has approved the Compact as a consent decree from which no further appeal may be taken;(3)all of the amounts authorized to be appropriated under section 11014 have been appropriated and deposited in the designated accounts;(4)the Secretary and the Fort Belknap Indian Community have executed the allocation agreement described in section 11007(c)(1);(5)the State has provided the required funding into the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund pursuant to section 11014(a)(3); and(6)the waivers and releases under subsection (a) have been executed by the Fort Belknap Indian Community and the Secretary.(g)

Tolling of claims

(1)

In general

Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the enforceability date.(2)

Effect of subsection

Nothing in this subsection revives any claim or tolls any period of limitations or time-based equitable defense that expired before the date of enactment of this Act.(h)

Expiration

(1)

In general

This division shall expire in any case in which—(A)the amounts authorized to be appropriated by this division have not been made available to the Secretary by not later than—(i)January 21, 2034; and(ii)such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary; or(B)the Secretary fails to publish a statement of findings under subsection (f) by not later than—(i)January 21, 2035; and(ii)such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary, after providing reasonable notice to the State.(2)

Consequences

If this division expires under paragraph (1)—(A)the waivers and releases under subsection (a) shall—(i)expire; and(ii)have no further force or effect;(B)the authorization, ratification, confirmation, and execution of the Compact under section 11004 shall no longer be effective;(C)any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this division shall be void;(D)any unexpended Federal funds appropriated or made available to carry out the activities authorized by this division, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this division shall be returned to the Federal Government, unless otherwise agreed to by the Fort Belknap Indian Community and the United States and approved by Congress; and(E)except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this division that were expended or withdrawn, or any funds made available to carry out this division from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States—(i)relating to—(I)water rights in the State asserted by—(aa)the Fort Belknap Indian Community; or(bb)any user of the Tribal water rights; or(II)any other matter described in subsection (a)(3); or(ii)in any future settlement of water rights of the Fort Belknap Indian Community or an allottee.

11012.

Aaniiih Nakoda Settlement Trust Fund

(a)

Establishment

The Secretary shall establish a trust fund for the Fort Belknap Indian Community, to be known as the Aaniiih Nakoda Settlement Trust Fund, to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any investment earnings, including interest, earned on those amounts, for the purpose of carrying out this division.(b)

Accounts

The Secretary shall establish in the Trust Fund the following accounts:(1)The Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account.(2)The Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account.(3)The Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account.(c)

Deposits

The Secretary shall deposit—(1)in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1), the amounts made available pursuant to paragraphs (1)(A) and (2)(A)(i) of section 11014(a);(2)in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the amounts made available pursuant to section 11014(a)(2)(A)(ii); and(3)in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the amounts made available pursuant to paragraphs (1)(B) and (2)(A)(iii) of section 11014(a).(d)

Management and interest

(1)

Management

On receipt and deposit of the funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under—(A)the first section of the Act of June 24, 1938 (25 U.S.C. 162a);(B)the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and(C)this section.(2)

Investment earnings

In addition to the amounts deposited under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund shall be available for use in accordance with subsections (e) and (g).(e)

Availability of amounts

(1)

In general

Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, earned on those amounts shall be made available—(A)to the Fort Belknap Indian Community by the Secretary beginning on the enforceability date; and(B)subject to the uses and restrictions in this section.(2)

Exceptions

Notwithstanding paragraph (1)—(A)amounts deposited in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for uses described in subparagraph (A) and (B) of subsection (g)(1);(B)amounts deposited in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2) shall be made available to the Fort Belknap Indian Community on the date on which the amounts are deposited and the Fort Belknap Indian Community has satisfied the requirements of section 11011(f)(1), for the uses described in subsection (g)(2)(A); and(C)amounts deposited in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for the uses described in subsection (g)(3)(A).(f)

Withdrawals

(1)

American Indian Trust Fund Management Reform Act of 1994

(A)

In general

The Fort Belknap Indian Community may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Fort Belknap Indian Community in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).(B)

Requirements

In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal management plan under this paragraph shall require that the Fort Belknap Indian Community spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this division.(C)

Enforcement

The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary—(i)to enforce the Tribal management plan; and(ii)to ensure that amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community under this paragraph are used in accordance with this division.(2)

Withdrawals under expenditure plan

(A)

In general

The Fort Belknap Indian Community may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan.(B)

Requirements

To be eligible to withdraw funds under an expenditure plan under this paragraph, the Fort Belknap Indian Community shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Fort Belknap Indian Community elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this division.(C)

Inclusions

An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Fort Belknap Indian Community in accordance with subsections (e) and (g).(D)

Approval

On receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan—(i)is reasonable; and(ii)is consistent with, and will be used for, the purposes of this division.(E)

Enforcement

The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this division.(g)

Uses

Amounts from the Trust Fund shall be used by the Fort Belknap Indian Community for the following purposes:(1)

Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account

Amounts in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be used to pay the cost of activities relating to—(A)planning, studies, and design of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019;(B)environmental compliance;(C)construction of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir;(D)wetlands restoration and development;(E)stock watering infrastructure; and(F)on farm development support and reacquisition of fee lands within the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation.(2)

Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account

Amounts in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities described in subparagraphs (A) through (C) as follows:(A)$9,000,000 shall be used for the establishment, operation, and capital expenditures in connection with the administration of the Tribal water resources and water rights development, including the development or enactment of a Tribal water code.(B)Only investment earnings, including interest, on $29,299,059 shall be used and be available to pay the costs of activities for administration, operations, and regulation of the Tribal water resources and water rights department, in accordance with the Compact and this division.(C)Only investment earnings, including interest, on $28,331,693 shall be used and be available to pay the costs of activities relating to a portion of the annual assessment costs for the Fort Belknap Indian Community and Tribal members, including allottees, under the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation.(3)

Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account

Amounts in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities relating to—(A)planning, studies, design, and environmental compliance of domestic water supply, and sewer collection and treatment systems, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan and dated February 2019, including the Lake Elwell Project water delivery to the southern part of the Reservation;(B)construction of domestic water supply, sewer collection, and treatment systems;(C)construction, in accordance with applicable law, of infrastructure for delivery of Lake Elwell water diverted from the Missouri River to the southern part of the Reservation; and(D)planning, studies, design, environmental compliance, and construction of a Tribal wellness center for a work force health and wellbeing project.(h)

Liability

The Secretary shall not be liable for any expenditure or investment of amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community pursuant to subsection (f).(i)

Project efficiencies

If the total cost of the activities described in subsection (g) results in cost savings and is less than the amounts authorized to be obligated under any of paragraphs (1) through (3) of that subsection required to carry out those activities, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Trust Fund to be used in accordance with that subsection.(j)

Annual report

The Fort Belknap Indian Community shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan described in this section.(k)

No per capita payments

No principal or interest amount in any account established by this section shall be distributed to any member of the Fort Belknap Indian Community on a per capita basis.(l)

Effect

Nothing in this division entitles the Fort Belknap Indian Community to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2), except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act).

11013.

Fort Belknap Indian Community Water Settlement Implementation Fund

(a)

Establishment

There is established in the Treasury of the United States a non-trust, interest-bearing account to be known as the Fort Belknap Indian Community Water Settlement Implementation Fund, to be managed and distributed by the Secretary, for use by the Secretary for carrying out this division.(b)

Accounts

The Secretary shall establish in the Implementation Fund the following accounts:(1)The Fort Belknap Indian Irrigation Project System Account.(2)The Milk River Project Mitigation Account.(c)

Deposits

The Secretary shall deposit—(1)in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1), the amount made available pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and(2)in the Milk River Project Mitigation Account established under subsection (b)(2), the amount made available pursuant to section 11014(a)(1)(D).(d)

Uses

(1)

Fort belknap indian irrigation project system account

The Fort Belknap Indian Irrigation Project Rehabilitation Account established under subsection (b)(1) shall be used to carry out section 11009, except as provided in subsection (h) of that section.(2)

Milk river project mitigation account

The Milk River Project Mitigation Account established under subsection (b)(2) may only be used to carry out section 11008.(e)

Management

(1)

In general

Amounts in the Implementation Fund shall not be available to the Secretary for expenditure until the enforceability date.(2)

Exception

Notwithstanding paragraph (1), amounts deposited in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1) shall be available to the Secretary on the date on which the amounts are deposited for uses described in paragraphs (1) and (2) of section 11009(a).(f)

Interest

In addition to the deposits under subsection (c), any interest credited to amounts unexpended in the Implementation Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (d).

11014.

Funding

(a)

Funding

(1)

Authorization of appropriations

Subject to subsection (b), there are authorized to be appropriated to the Secretary—(A)for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $89,643,100, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury;(B)for deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $331,885,220, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury;(C)for deposit in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), such sums as are necessary, but not more than $187,124,469, for the Secretary to carry out section 11009, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; and(D)for deposit in the Milk River Project Mitigation Account of the Implementation Fund established under section 11013(b)(2), such sums as are necessary, but not more than $300,000,000, for the Secretary to carry out obligations of the Secretary under section 11008, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury. (2)

Mandatory appropriations

(A)

In general

Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit—(i)in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $29,881,034, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (ii)in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account of the Trust Fund established under section 11012(b)(2), $66,630,752; (iii)in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $110,628,407; and(iv)in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), $228,707,684. (B)

Availability

Amounts deposited in the accounts under subparagraph (A) shall be available without further appropriation.(3)

State cost share

The State shall contribute $5,000,000, plus any earned interest, payable to the Secretary for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1) on approval of a final decree by the Montana Water Court for the purpose of activities relating to the Upper Peoples Creek Dam and Reservoir under subparagraphs (A) through (C) of section 11012(g)(1).(b)

Fluctuation in costs

(1)

In general

The amounts authorized to be appropriated under paragraphs (1) and (2) of subsection (a) and this subsection shall be—(A)increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend; and(B)adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved.(2)

Repetition

The adjustment process under paragraph (1) shall be repeated for each subsequent amount appropriated until the amount authorized to be appropriated under subsection (a), as adjusted, has been appropriated.(3)

Period of indexing

(A)

Trust fund

With respect to the Trust Fund, the period of indexing adjustment under paragraph (1) for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund.(B)

Implementation fund

With respect to the Implementation Fund, the period of adjustment under paragraph (1) for any increment of funding shall be annually.

11015.

Miscellaneous provisions

(a)

Waiver of sovereign immunity by the united states

Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this division waives the sovereign immunity of the United States.(b)

Other tribes not adversely affected

Nothing in this division quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Fort Belknap Indian Community.(c)

Elimination of debts or liens against allotments of the fort belknap indian community members within the fort belknap indian irrigation project

On the date of enactment of this Act, the Secretary shall cancel and eliminate all debts or liens against the allotments of land held by the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community due to construction assessments and annual operation and maintenance charges relating to the Fort Belknap Indian Irrigation Project.(d)

Effect on current law

Nothing in this division affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action.(e)

Effect on reclamation laws

The activities carried out by the Commissioner under this division shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including—(1)the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and(2)the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991).(f)

Additional funding

Nothing in this division prohibits the Fort Belknap Indian Community from seeking—(1)additional funds for Tribal programs or purposes; or(2)funding from the United States or the State based on the status of the Fort Belknap Indian Community as an Indian Tribe.(g)

Rights under state law

Except as provided in section 1 of Article III of the Compact (relating to the closing of certain water basins in the State to new appropriations in accordance with the laws of the State), nothing in this division or the Compact precludes the acquisition or exercise of a right arising under State law (as defined in section 6 of Article II of the Compact) to the use of water by the Fort Belknap Indian Community, or a member or allottee of the Fort Belknap Indian Community, outside the Reservation by—(1)purchase of the right; or(2)submitting to the State an application in accordance with State law.(h)

Water storage and importation

Nothing in this division or the Compact prevents the Fort Belknap Indian Community from participating in any project to import water to, or to add storage in, the Milk River Basin.

11016.

Antideficiency

The United States shall not be liable for any failure to carry out any obligation or activity authorized by this division, including any obligation or activity under the Compact, if—(1)adequate appropriations are not provided by Congress expressly to carry out the purposes of this division; or(2)there are not enough funds available in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a)) to carry out the purposes of this division.

L

Committee on Homeland Security and Governmental Affairs

M

Intelligence Authorization Act for Fiscal Year 2024

1.

Short title; table of contents

(a)

Short title

This division may be cited as the Intelligence Authorization Act for Fiscal Year 2024.(b)

Table of contents

The table of contents for this division is as follows:DIVISION M—Intelligence Authorization Act for Fiscal Year 2024Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Intelligence activitiesSec. 101. Authorization of appropriations.Sec. 102. Classified Schedule of Authorizations.Sec. 103. Intelligence Community Management Account.Sec. 104. Increase in employee compensation and benefits authorized by law.TITLE II—Central Intelligence Agency retirement and disability systemSec. 201. Authorization of appropriations.TITLE III—Intelligence community mattersSubtitle A—General intelligence community mattersSec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies.Sec. 302. Policy and performance framework for mobility of intelligence community workforce.Sec. 303. In-State tuition rates for active duty members of the intelligence community.Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys.Sec. 305. Improving administration of certain post-employment restrictions for intelligence community.Sec. 306. Mission of the National Counterintelligence and Security Center.Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.Sec. 308. Department of Energy science and technology risk assessments.Sec. 309. Congressional oversight of intelligence community risk assessments.Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document.Sec. 311. Office of Intelligence and Analysis.Subtitle B—Central Intelligence AgencySec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations.Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency.Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure.TITLE IV—Matters concerning foreign countriesSubtitle A—People’s Republic of ChinaSec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China.Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa.Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China.Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China.Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States.Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern.Subtitle B—Other foreign countriesSec. 411. Report on efforts to capture and detain United States citizens as hostages.Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework.TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversariesSubtitle A—General mattersSec. 501. Assignment of detailees from intelligence community to Department of Commerce.Subtitle B—Next-generation energy, biotechnology, and artificial intelligenceSec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China.Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities.Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities.TITLE VI—Whistleblower mattersSec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community.Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community.Sec. 603. Establishing process parity for adverse security clearance and access determinations.Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations.Sec. 605. Modification and repeal of reporting requirements.TITLE VII—Classification reformSubtitle A—Classification Reform Act of 2023Sec. 701. Short title.Sec. 702. Definitions.Sec. 703. Classification and declassification of information.Sec. 704. Transparency officers.Subtitle B—Sensible Classification Act of 2023Sec. 711. Short title.Sec. 712. Definitions.Sec. 713. Findings and sense of the Senate.Sec. 714. Classification authority.Sec. 715. Promoting efficient declassification review.Sec. 716. Training to promote sensible classification.Sec. 717. Improvements to Public Interest Declassification Board.Sec. 718. Implementation of technology for classification and declassification.Sec. 719. Studies and recommendations on necessity of security clearances.TITLE VIII—Security clearance and trusted workforceSec. 801. Review of shared information technology services for personnel vetting.Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting.Sec. 803. Annual report on personnel vetting trust determinations.Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0.Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis.TITLE IX—Anomalous health incidentsSec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain.Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain.Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities.Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents.TITLE X—Election securitySec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023.TITLE XI—Other mattersSec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office.Sec. 1102. Funding limitations relating to unidentified anomalous phenomena.

2.

Definitions

In this Act:(1)

Congressional intelligence committees

The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(2)

Intelligence community

The term intelligence community has the meaning given such term in such section.

Passed the Senate July 27, 2023.Secretary