[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2370-S2444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 155. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1269. OPPOSITION TO PROVISION OF ASSISTANCE TO PEOPLE'S 
                   REPUBLIC OF CHINA BY MULTILATERAL DEVELOPMENT 
                   BANKS.

       (a) Findings.--Congress makes the following findings:
       (1) The People's Republic of China is the world's second 
     largest economy and a major global lender.
       (2) In the third quarter of 2022, the foreign exchange 
     reserves of the People's Republic of China totaled more than 
     $3,000,000,000,000.
       (3) The World Bank classifies the People's Republic of 
     China as a country with an upper-middle-income economy.
       (4) On February 25, 2021, President Xi Jinping announced 
     ``complete victory'' over extreme poverty in the People's 
     Republic of China.
       (5) The Government of the People's Republic of China 
     utilizes state resources to create and promote the Asian 
     Infrastructure Investment Bank, the New Development Bank, and 
     the Belt and Road Initiative.
       (6) The People's Republic of China is the world's largest 
     official creditor.
       (7) Through a multilateral development bank, countries are 
     eligible to borrow until they can manage long-term 
     development and access to capital markets without financial 
     resources from the bank.
       (8) The World Bank reviews the graduation of a country from 
     eligibility to borrow from the International Bank for 
     Reconstruction and Development once the country reaches the 
     graduation discussion income, which is equivalent to the 
     gross national income. For fiscal year 2023, the graduation 
     discussion income is a gross national income per capita 
     exceeding $7,455.
       (9) Many of the other multilateral development banks, such 
     as the Asian Development Bank, use the gross national income 
     per capita benchmark used by the International Bank for 
     Reconstruction and Development to trigger the graduation 
     process.
       (10) The People's Republic of China exceeded the graduation 
     discussion income threshold in 2016.
       (11) Since 2016, the International Bank for Reconstruction 
     and Development has approved projects totaling $9,610,000,000 
     to the People's Republic of China.
       (12) Since 2016, the Asian Development Bank has continued 
     to approve loans and technical assistance to the People's 
     Republic of China totaling more than $10,600,000,000. The 
     Bank has also approved non-sovereign commitments in the 
     People's Republic of China totaling more than $2,400,000,000 
     since 2016.
       (13) The World Bank calculates the People's Republic of 
     China's 2019 gross national income per capita as $10,390.
       (b) Statement of Policy.--It is the policy of the United 
     States to oppose any additional lending from the multilateral 
     development banks, including the International Bank for 
     Reconstruction and Development and the Asian Development 
     Bank, to the People's Republic of China as a result of the 
     People's Republic of China's successful graduation from the 
     eligibility requirements for assistance from those banks.
       (c) Opposition to Lending to People's Republic of China.--
     The Secretary of the Treasury shall instruct the United 
     States

[[Page S2371]]

     Executive Director at each multilateral development bank to 
     use the voice, vote, and influence of the United States--
       (1) to oppose any loan or extension of financial or 
     technical assistance by the bank to the People's Republic of 
     China; and
       (2) to end lending and assistance to countries that exceed 
     the graduation discussion income of the bank.
       (d) Report Required.--Not later than one year after the 
     date of the enactment of this Act, and annually thereafter, 
     the Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report that includes--
       (1) an assessment of the status of borrowing by the 
     People's Republic of China from each multilateral development 
     bank;
       (2) a description of voting power, shares, and 
     representation by the People's Republic of China at each such 
     bank;
       (3) a list of countries that have exceeded the graduation 
     discussion income at each such bank;
       (4) a list of countries that have graduated from 
     eligibility for assistance from each such bank; and
       (5) a full description of the efforts taken by the United 
     States to graduate countries from such eligibility once they 
     exceed the graduation discussion income at each such bank.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) Multilateral development banks.--The term 
     ``multilateral development banks'' has the meaning given that 
     term in section 1701(c) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)).
                                 ______
                                 
  SA 156. Mr. ROMNEY (for himself, Mr. Van Hollen, Mr. Sullivan, Mr. 
Cornyn, Mr. Scott of South Carolina, and Mr. Braun) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. ENDING CHINA'S DEVELOPING NATION STATUS.

       (a) Short Title.--This section may be cited as the ``Ending 
     China's Developing Nation Status Act''.
       (b) Finding; Statement of Policy.--
       (1) Finding.--Congress finds that the People's Republic of 
     China is still classified as a developing nation under 
     multiple treaties and international organization structures, 
     even though China has grown to be the second largest economy 
     in the world.
       (2) Statement of policy.--It is the policy of the United 
     States--
       (A) to oppose the labeling or treatment of the People's 
     Republic of China as a developing nation in current and 
     future treaty negotiations and in each international 
     organization of which the United States and the People's 
     Republic of China are both current members;
       (B) to pursue the labeling or treatment of the People's 
     Republic of China as a developed nation in each international 
     organization of which the United States and the People's 
     Republic of China are both current members; and
       (C) to work with allies and partners of the United States 
     to implement the policies described in paragraphs (1) and 
     (2).
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (d) Report on Development Status in Current Treaty 
     Negotiations.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate committees of Congress that--
       (1) identifies all current treaty negotiations in which--
       (A) the proposed treaty would provide for different 
     treatment or standards for enforcement of the treaty based on 
     respective development status of the states that are party to 
     the treaty; and
       (B) the People's Republic of China is actively 
     participating in the negotiations, or it is reasonably 
     foreseeable that the People's Republic of China would seek to 
     become a party to the treaty; and
       (2) for each treaty negotiation identified pursuant to 
     paragraph (1), describes how the treaty under negotiation 
     would provide different treatment or standards for 
     enforcement of the treaty based on development status of the 
     states parties.
       (e) Report on Development Status in Existing Organizations 
     and Treaties.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the appropriate committees of Congress that--
       (1) identifies all international organizations or treaties, 
     of which the United States is a member, that provide 
     different treatment or standards for enforcement based on the 
     respective development status of the member states or states 
     parties;
       (2) describes the mechanisms for changing the country 
     designation for each relevant treaty or organization; and
       (3) for each of the organizations or treaties identified 
     pursuant to paragraph (1)--
       (A) includes a list of countries that--
       (i) are labeled as developing nations or receive the 
     benefits of a developing nation under the terms of the 
     organization or treaty; and
       (ii) meet the World Bank classification for upper middle 
     income or high-income countries; and
       (B) describes how the organization or treaty provides 
     different treatment or standards for enforcement based on 
     development status of the member states or states parties.
       (f) Mechanisms for Changing Development Status.--
       (1) In general.--In any international organization of which 
     the United States and the People's Republic of China are both 
     current members, the Secretary, in consultation with allies 
     and partners of the United States, shall pursue--
       (A) changing the status of the People's Republic of China 
     from developing nation to developed nation if a mechanism 
     exists in such organization to make such status change; or
       (B) proposing the development of a mechanism described in 
     paragraph (1) to change the status of the People's Republic 
     of China in such organization from developing nation to 
     developed nation.
       (2) Waiver.--The President may waive the application of 
     subparagraph (A) or (B) of paragraph (1) with respect to any 
     international organization if the President notifies the 
     appropriate committees of Congress that such a waiver is in 
     the national interests of the United States.
                                 ______
                                 
  SA 157. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Weatherization Readiness Fund.--Section 414 of the 
     Energy Conservation and Production Act (42 U.S.C. 6864) is 
     amended by adding at the end the following:
       ``(d) Weatherization Readiness Fund.--
       ``(1) In general.--The Secretary shall establish a fund, to 
     be known as the `Weatherization Readiness Fund', from which 
     the Secretary shall distribute funds to States receiving 
     financial assistance under this part, in accordance with 
     subsection (a).
       ``(2) Use of funds.--
       ``(A) In general.--A State receiving funds under paragraph 
     (1) shall use the funds for repairs to dwelling units 
     described in subparagraph (B) that will remediate the 
     applicable structural defects or hazards of the dwelling unit 
     so that weatherization measures may be installed.
       ``(B) Dwelling unit.--A dwelling unit referred to in 
     subparagraph (A) is a dwelling unit occupied by a low-income 
     person that, on inspection pursuant to the program under this 
     part, was found to have significant defects or hazards that 
     prevented the installation of weatherization measures under 
     the program.
       ``(3) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated under section 422, 
     there is authorized to be appropriated to the Secretary to 
     carry out this subsection $30,000,000 for each of fiscal 
     years 2024 through 2028.''.
       (b) State Average Cost Per Unit.--
       (1) In general.--Section 415(c) of the Energy Conservation 
     and Production Act (42 U.S.C. 6865(c)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

       (I) in the first sentence, by striking ``$6,500'' and 
     inserting ``$12,000''; and
       (II) by striking ``(c)(1) Except as provided in paragraphs 
     (3) and (4)'' and inserting the following:

       ``(c) Financial Assistance.--
       ``(1) In general.--Except as provided in paragraphs (3), 
     (4), and (6)'';
       (ii) by conforming the margins of subparagraphs (A) through 
     (D) to the margin of subparagraph (E);
       (iii) in subparagraph (D), by striking ``, and'' and 
     inserting ``; and''; and
       (iv) in subparagraph (E), by adding a period at the end;
       (B) in paragraph (2), in the first sentence, by striking 
     ``weatherized (including dwelling units partially 
     weatherized)'' and inserting ``fully weatherized'';
       (C) in paragraph (4), by striking ``$3,000'' and inserting 
     ``$6,000'';
       (D) in paragraph (5)--
       (i) in subparagraph (A)(i), by striking ``(6)(A)(ii)'' and 
     inserting ``(7)(A)(ii)''; and
       (ii) by striking ``(6)(A)(i)(I)'' each place it appears and 
     inserting ``(7)(A)(i)(I)'';

[[Page S2372]]

       (E) by redesignating paragraph (6) as paragraph (7); and
       (F) by inserting after paragraph (5) the following:
       ``(6) Limit increase.--The Secretary may increase the 
     amount of financial assistance provided per dwelling unit 
     under this part beyond the limit specified in paragraph (1) 
     if the Secretary determines that market conditions require 
     such an increase to achieve the purposes of this part.''.
       (2) Conforming amendment.--Section 414D(b)(1)(C) of the 
     Energy Conservation and Production Act (42 U.S.C. 
     6864d(b)(1)(C)) is amended by striking ``415(c)(6)(A)'' and 
     inserting ``415(c)(7)''.
                                 ______
                                 
  SA 158. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle A of title X, add the following:

     SEC. 1005. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD 
                   BUREAU AS REIMBURSEMENT FROM STATES.

       Section 710 of title 32, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Treatment of Reimbursed Funds.--Any funds received by 
     the National Guard Bureau from a State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands as reimbursement under this section for the use of 
     military property shall be credited to--
       ``(1) the appropriation, fund, or account used in incurring 
     the obligation; or
       ``(2) an appropriate appropriation, fund, or account 
     currently available for the purposes for which the 
     expenditures were made.''.
                                 ______
                                 
  SA 159. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12___. REPORT ON ALLIED CONTRIBUTIONS TO THE COMMON 
                   DEFENSE.

       (a) Finding.--Congress finds that section 1003 of the 
     Department of Defense Authorization Act, 1985 (Public Law 98-
     525; 63 Stat. 2241)--
       (1) expresses the sense of Congress that, due to threats 
     that are ever-changing, Congress must be informed with 
     respect to allied contributions to the common defense to 
     properly assess the readiness of the United States and the 
     countries described in subsection (c)(2) for threats; and
       (2) requires the Secretary of Defense to submit to Congress 
     an annual report on the contributions of allies to the common 
     defense.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the threats facing the United States--
       (A) extend beyond the global war on terror; and
       (B) include near-peer threats; and
       (2) the President should seek from each country described 
     in subsection (c)(2) acceptance of international security 
     responsibilities and agreements to make contributions to the 
     common defense in accordance with the collective defense 
     agreements or treaties to which such country is a party.
       (c) Reports on Allied Contributions to the Common 
     Defense.--
       (1) In general.--Not later than March 1 each year, the 
     Secretary, in coordination with the heads of other Federal 
     agencies, as the Secretary determines to be necessary, shall 
     submit to the appropriate committees of Congress a report 
     containing a description of--
       (A) the annual defense spending by each country described 
     in paragraph (2), including available data on nominal budget 
     figures and defense spending as a percentage of the gross 
     domestic products of each such country for the fiscal year 
     immediately preceding the fiscal year in which the report is 
     submitted;
       (B) the activities of each such country to contribute to 
     military or stability operations in which the Armed Forces of 
     the United States are a participant or may be called upon in 
     accordance with a cooperative defense agreement to which the 
     United States is a party;
       (C) any limitations placed by any such country on the use 
     of such contributions; and
       (D) any actions undertaken by the United States or by other 
     countries to minimize such limitations.
       (2) Countries described.--The countries described in this 
     paragraph are the following:
       (A) Each member country of the North Atlantic Treaty 
     Organization.
       (B) Each member country of the Gulf Cooperation Council.
       (C) Each country party to the Inter-American Treaty of 
     Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro 
     September 2, 1947, and entered into force December 3, 1948 
     (TIAS 1838).
       (D) Australia.
       (E) Japan.
       (F) New Zealand.
       (G) The Philippines.
       (H) South Korea.
       (I) Thailand.
       (3) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (4) Availability.--A report submitted under paragraph (1) 
     shall be made available on request to any Member of Congress.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 160. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TRANSPARENCY FOR 2001 AUTHORIZATION FOR USE OF 
                   MILITARY FORCE.

       Not later than 90 days after the date of the enactment of 
     this Act, and annually thereafter, the President shall 
     publish a declassified list of nations, organizations, or 
     persons the United States is using force against or 
     authorized to use force against pursuant to section 2(a) of 
     the Authorization for Use of Military Force (Public Law 107-
     40; 115 Stat. 224; 50 U.S.C. 1541 note) (commonly known as 
     the ``2001 AUMF'').
                                 ______
                                 
  SA 161. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     SEC. __. SEPARATE VOTE REQUIREMENT FOR INDUCTION OF MEN AND 
                   WOMEN.

       (a) Findings.--Congress makes the following findings:
       (1) Clause 12 of section 8 of article I of the Constitution 
     of the United States empowers Congress with the 
     responsibility to ``raise and support Armies''.
       (2) The United States first required military conscription 
     in the American Civil War under the Civil War Military Draft 
     Act of 1863.
       (3) The Selective Services Act of 1917 authorized the 
     President to draft additional forces beyond the volunteer 
     force to support exceedingly high demand for additional 
     forces when the U.S. entered the first World War.
       (4) The Selective Training and Service Act of 1940 was the 
     first authorization by Congress for conscription in peacetime 
     but limited the President's induction authority to ``no 
     greater number of men than the Congress shall hereafter make 
     specific appropriation for from time to time''.
       (5) Congress allowed induction authority to lapse in 1947.
       (6) Congress reinstated the President's induction authority 
     under the Selective Service Act of 1948 to raise troops for 
     United States participation in the Korean War.
       (7) Congress maintained the President's induction authority 
     under the Selective Service Act of 1948 through the beginning 
     of the Vietnam War.
       (8) Congress passed additional reforms to the draft under 
     the Military Selective Service Act of 1967 in response to 
     issues arising from United States engagement in the Vietnam 
     War.
       (9) Congress prohibited any further use of the draft after 
     July 1, 1973.
       (10) If a president seeks to reactivate the use of the 
     draft, Congress would have to enact a law providing 
     authorization for this purpose.
       (b) Amendment.--Section 17 of the Military Selective 
     Service Act (50 U.S.C. 3815) is amended by adding at the end 
     the following new subsection:
       ``(d) No person shall be inducted for training and service 
     in the Armed Forces unless Congress first passes and there is 
     enacted--
       ``(1) a law expressly authorizing such induction into 
     service; and
       ``(2) a law authorizing separately--
       ``(A) the number of male persons subject to such induction 
     into service; and
       ``(B) the number of female persons subject to such 
     induction into service.''.

[[Page S2373]]

       (c) Effective Date.--The amendment made by this section 
     shall take effect 1 year after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 162. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. __. PROHIBITION ON USE OF FORCE AGAINST THE RUSSIAN 
                   FEDERATION.

       (a) No Authority for Use of Force.--No provision of law 
     enacted before the date of the enactment of this Act may be 
     construed to provide authorization for the use of military 
     force against the Russian Federation.
       (b) Prohibition on Funding for Use of Military Force 
     Against the Russian Federation.--
       (1) In general.-- No Federal funds may be made available 
     for the use of military force in or against the Russian 
     Federation unless--
       (A) Congress has declared war; or
       (B) there is enacted specific statutory authorization for 
     such use of military force that meets the requirements of the 
     War Powers Resolution (50 U.S.C. 1541 et seq.).
       (2) Commander-in-chief exception.--The prohibition under 
     paragraph (1) does not apply to a use of military force that 
     is consistent with section 2(c) of the War Powers Resolution 
     (50 U.S.C. 1541(c)).
       (c) Rules of Construction.--Nothing in this section may be 
     construed--
       (1) to prevent the President from using necessary and 
     appropriate force to defend United States allies and partners 
     if Congress enacts specific statutory authorization for such 
     use of force consistent with the requirements of the War 
     Powers Resolution (50 U.S.C. 1541 et seq.);
       (2) to relieve the executive branch of restrictions on the 
     use of force, reporting, or consultation requirements set 
     forth in the War Powers Resolution (50 U.S.C. 1541 et seq.); 
     or
       (3) to authorize the use of military force.
       (d) Scope of Military Force.--In this section, the term 
     ``military force''--
       (1) includes--
       (A) sharing intelligence with Ukraine for the purpose of 
     enabling offensive strikes against the Russian Federation;
       (B) providing logistical support to Ukraine for offensive 
     strikes against the Russian Federation; and
       (C) any situation involving any use of lethal or 
     potentially lethal force by United States forces against 
     Russian forces, irrespective of the domain, whether such 
     force is deployed remotely, or the intermittency thereof; and
       (2) does not include activities undertaken pursuant to 
     section 503 of the National Security Act of 1947 (50 U.S.C. 
     3093).
                                 ______
                                 
  SA 163. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

               Subtitle __--Spectrum Valuation and Audit

     SEC. __01. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

       (a) In General.--Part A of the National Telecommunications 
     and Information Administration Organization Act (47 U.S.C. 
     901 et seq.) is amended--
       (1) by redesignating section 105 (47 U.S.C. 904) as section 
     106; and
       (2) by inserting after section 104 (47 U.S.C. 903) the 
     following:

     ``SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

       ``(a) Definitions.--In this section--
       ``(1) the term `covered band' means the band of frequencies 
     between 3 kilohertz and 95 gigahertz;
       ``(2) the term `Federal entity' has the meaning given the 
     term in section 113(l); and
       ``(3) the term `OMB' means the Office of Management and 
     Budget.
       ``(b) Estimates Required.--The Assistant Secretary, in 
     consultation with the Commission and OMB, shall estimate the 
     value of electromagnetic spectrum in the covered band that is 
     assigned or otherwise allocated to each Federal entity as of 
     the date of the estimate, in accordance with the schedule 
     under subsection (c).
       ``(c) Schedule.--The Assistant Secretary shall conduct the 
     estimates under subsection (b) for the frequencies between--
       ``(1) 3 kilohertz and 33 gigahertz not later than 1 year 
     after the date of enactment of this section, and every 3 
     years thereafter;
       ``(2) 33 gigahertz and 66 gigahertz not later than 2 years 
     after the date of enactment of this section, and every 3 
     years thereafter; and
       ``(3) 66 gigahertz and 95 gigahertz not later than 3 years 
     after the date of enactment of this section, and every 3 
     years thereafter.
       ``(d) Basis for Estimate.--
       ``(1) In general.--The Assistant Secretary shall base each 
     value estimate under subsection (b) on the value that the 
     electromagnetic spectrum would have if the spectrum were 
     reallocated for the use with the highest potential value of 
     licensed or unlicensed commercial wireless services that do 
     not have access to that spectrum as of the date of the 
     estimate.
       ``(2) Consideration of government capabilities.--In 
     estimating the value of spectrum under subsection (b), the 
     Assistant Secretary may consider the spectrum needs of 
     commercial interests while preserving the spectrum access 
     necessary to satisfy mission requirements and operations of 
     Federal entities.
       ``(3) Dynamic scoring.--To the greatest extent practicable, 
     the Assistant Secretary shall incorporate dynamic scoring 
     methodology into the value estimate under subsection (b).
       ``(4) Disclosure.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Assistant Secretary shall publicly disclose how the Assistant 
     Secretary arrived at each value estimate under subsection 
     (b), including any findings made under paragraph (2) of this 
     subsection.
       ``(B) Classified, law enforcement-sensitive, and 
     proprietary information.--If any information involved in a 
     value estimate under subsection (b), including any finding 
     made under paragraph (2) of this subsection, is classified, 
     law enforcement-sensitive, or proprietary, the Assistant 
     Secretary--
       ``(i) may not publicly disclose the classified, law 
     enforcement-sensitive, or proprietary information; and
       ``(ii) shall make the classified, law enforcement-
     sensitive, or proprietary information available to any Member 
     of Congress, upon request, in a classified annex.
       ``(e) Agency Report on Value of Electromagnetic Spectrum.--
     A Federal entity that has been assigned or otherwise 
     allocated use of electromagnetic spectrum within the covered 
     band shall report the value of the spectrum as most recently 
     estimated under subsection (b)--
       ``(1) in the budget of the Federal entity to be included in 
     the budget of the United States Government submitted by the 
     President under section 1105 of title 31, United States Code; 
     and
       ``(2) in the annual financial statement of the Federal 
     entity required to be filed under section 3515 of title 31, 
     United States Code.''.
       (b) Technical and Conforming Amendments.--Section 103(b) of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 902(b)) is 
     amended--
       (1) in paragraph (1), by striking ``section 105(d)'' and 
     inserting ``section 106(d)''; and
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``section 105(d)'' and inserting ``section 
     106(d)''.

     SEC. __02. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

       (a) Definitions.--In this section--
       (1) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information;
       (2) the term ``Department'' means the Department of 
     Defense; and
       (3) the term ``Federal entity'' has the meaning given the 
     term in section 113(l) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(l)).
       (b) Audit and Report.--Not later than 18 months after the 
     date of enactment of this Act, the Assistant Secretary, in 
     consultation with the Secretary of Defense, shall--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to the Department as of 
     the date of the audit; and
       (2) submit to Congress, and make available to each Member 
     of Congress upon request, a report containing the results of 
     the audit conducted under paragraph (1).
       (c) Contents of Report.--The Assistant Secretary shall 
     include in the report submitted under subsection (b)(2), with 
     respect to the electromagnetic spectrum that is assigned or 
     otherwise allocated to the Department as of the date of the 
     audit--
       (1) each particular band of spectrum being used by the 
     Department;
       (2) a description of each purpose for which a particular 
     band described in paragraph (1) is being used, and how much 
     of the band is being used for that purpose;
       (3) the State or other geographic area in which a 
     particular band described in paragraph (1) is assigned or 
     allocated for use;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Department or shared with another 
     Federal entity or a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Department.
       (d) Form of Report.--The report required under subsection 
     (b)(2) shall be submitted in unclassified form but may 
     include a classified annex.
                                 ______
                                 
  SA 164. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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

[[Page S2374]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title IV, insert the following:

     SEC. __. REPORTING ON END STRENGTH RATIONALES.

       Section 115a(b) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``The Secretary'';
       (2) by inserting ``, including an assessment of the most 
     important threats facing the United States by regional 
     command and how personnel end strength level requests address 
     those specific threats'' after ``in effect at the time''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Not later than May 1 each year, the Secretary shall 
     provide a briefing to Congress including--
       ``(A) the rationale for recommended increases or decreases 
     in active, reserve, and civilian personnel for each component 
     of the Department of Defense;
       ``(B) the rationale for recommended increases or decreases 
     in active, reserve, and civilian personnel for each of the 
     regional combatant commands;
       ``(C) the primary functions or missions of military and 
     civilian personnel in each regional combatant command; and
       ``(D) an assessment of any areas in which decreases in 
     active, reserve, or civilian personnel would not result in a 
     decrease in readiness.''.
                                 ______
                                 
  SA 165. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. PRIORITIZING EXCESS DEFENSE ARTICLE TRANSFERS FOR 
                   THE INDO-PACIFIC REGION.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States Government should--
       (1) prioritize the review of excess defense article 
     transfers to Indo-Pacific allies and partners;
       (2) coordinate and align excess defense article transfers 
     with capacity building efforts of Indo-Pacific allies and 
     partners; and
       (3) assist Taiwan to develop asymmetric capability through 
     excess defense article transfers under section 516(c)(2) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(c)(2)).
       (b) Plan Required.--Not later than February 15, 2024, and 
     annually thereafter, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit a 
     report to the congressional defense committees on planned 
     future activities and the resources needed to accomplish the 
     purposes described in subsection (a) that includes--
       (1) a summary of the progress made towards achieving the 
     purposes described in subsection (a); and
       (2) an evaluation of potential excess defense articles 
     scheduled for decommissioning that could be transferred under 
     the Excess Defense Articles program administered by the 
     Defense Security Cooperation Agency to allies and partners, 
     including Taiwan regarding its asymmetric capability 
     development.
                                 ______
                                 
  SA 166. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. __. TWO-YEAR TIME LIMIT FOR AUTHORIZATIONS FOR USE OF 
                   MILITARY FORCE.

       (a) In General.--Any law authorizing the use of military 
     force that is enacted on or after the date of the enactment 
     of this Act shall terminate two years after the date of the 
     enactment of such law unless a joint resolution of extension 
     is enacted pursuant to subsection (b) extending such 
     authority prior to such termination date.
       (b) Consideration of Joint Resolution of Extension.--
       (1) Joint resolution of extension defined.--In this 
     subsection, the term ``joint resolution of extension'' means 
     only a joint resolution of either House of Congress--
       (A) the title of which is as follows: ``A joint resolution 
     extending the [_________] for a two-year period beginning on 
     the date of the enactment of this joint resolution.'', with 
     the blank being filled with the title of the law authorizing 
     the use of military force that is being extended pursuant to 
     subsection (a); and
       (B) the sole matter after the resolving clause of which is 
     the following: ``Congress extends the authority for the use 
     of military force provided under [_________] for a two-year 
     period beginning on the date of the enactment of this joint 
     resolution.'', with the blank being filled with the title of 
     the law authorizing the use of military force that is being 
     extended pursuant to subsection (a).
       (2) Introduction.--A joint resolution of extension may be 
     introduced by any member of Congress.
       (3) Floor consideration in house of representatives.--If a 
     committee of the House of Representatives to which a joint 
     resolution of extension has been referred has not reported 
     the joint resolution within 10 calendar days after the date 
     of referral, that committee shall be discharged from further 
     consideration of the joint resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--A joint resolution of extension 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations.
       (B) Reporting and discharge.--If the Committee on Foreign 
     Relations has not reported the joint resolution within 10 
     calendar days after the date of referral of the joint 
     resolution, that committee shall be discharged from further 
     consideration of the joint resolution and the joint 
     resolution shall be placed on the appropriate calendar.
       (C) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the Committee of Foreign Relations reports a joint 
     resolution of extension to the Senate or has been discharged 
     from consideration of such a joint resolution (even though a 
     previous motion to the same effect has been disagreed to) to 
     move to proceed to the consideration of the joint resolution, 
     and all points of order, excluding budgetary points of order, 
     against the joint resolution (and against consideration of 
     the joint resolution) are waived. The motion to proceed is 
     not debatable. The motion is not subject to a motion to 
     postpone. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution of extension shall be decided 
     without debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a joint resolution of 
     extension, including all debatable motions and appeals in 
     connection with the joint resolution, shall be limited to 10 
     hours, to be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate joint resolution in house.--In the 
     House of Representatives, the following procedures shall 
     apply to a joint resolution of extension received from the 
     Senate (unless the House has already passed a joint 
     resolution relating to the same proposed action):
       (i) The joint resolution shall be referred to the 
     appropriate committees.
       (ii) If a committee to which a joint resolution has been 
     referred has not reported the joint resolution within 2 
     calendar days after the date of referral, that committee 
     shall be discharged from further consideration of the joint 
     resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a joint resolution has been referred 
     reports the joint resolution to the House or has been 
     discharged from further consideration thereof, it shall be in 
     order to move to proceed to consider the joint resolution in 
     the House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       (iv) The joint resolution shall be considered as read. All 
     points of order, excluding budgetary points of order, against 
     the joint resolution and against its consideration are 
     waived. The previous question shall be considered as ordered 
     on the joint resolution to final passage without intervening 
     motion except 2 hours of debate equally divided and 
     controlled by the sponsor of the joint resolution (or a 
     designee) and an opponent. A motion to reconsider the vote on 
     passage of the joint resolution shall not be in order.
       (B) Treatment of house joint resolution in senate.--
       (i) If, before the passage by the Senate of a joint 
     resolution of extension, the Senate receives an identical 
     joint resolution from the House of Representatives, the 
     following procedures shall apply:

       (I) That joint resolution shall not be referred to a 
     committee.
       (II) With respect to that joint resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     joint resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the joint resolution 
     from the House of Representatives.
       (ii) If, following passage of a joint resolution of 
     extension in the Senate, the Senate receives an identical 
     joint resolution from the House of Representatives, that 
     joint resolution shall be placed on the appropriate Senate 
     calendar.

[[Page S2375]]

       (iii) If a joint resolution of extension is received from 
     the House, and no companion joint resolution has been 
     introduced in the Senate, the Senate procedures under this 
     subsection shall apply to the House joint resolution.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating 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.
                                 ______
                                 
  SA 167. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. EXPIRATION OF SPECIAL PRESIDENTIAL DRAWDOWN 
                   AUTHORITY.

       Section 506(a)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(a)(1)) is amended, in the undesignated matter 
     following subparagraph (B), by inserting before the period at 
     the end the following: ``, provided that the authority for 
     any drawdown authorized under this paragraph shall expire on 
     the last day of the fiscal year of such authorization, after 
     which date no defense articles or equipment may be delivered 
     to a foreign country or international organization without 
     another authorization''.
                                 ______
                                 
  SA 168. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10___. UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS 
                   ADMINISTRATION EXCHANGE.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     Utah School and Institutional Trust Lands Administration.
       (2) Agreement.--The term ``Agreement'' means the agreement 
     between the Administration, the State, and the Secretary to 
     exchange certain Federal land and interests in Federal land 
     for certain State land and interests in State land managed by 
     the Administration entitled ``Memorandum of Understanding--
     Exchange of Lands'' and dated March 17, 2023.
       (3) Legal description.--The term ``Legal Description'' 
     means a legal description that is included in Exhibit A to 
     the Agreement and that is part of the Agreement as of the 
     date of the conveyance of the applicable land under this 
     section.
       (4) Map.--The term ``Map'' means the map described in the 
     Agreement.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Utah.
       (b) Ratification of Agreement Between the Administration, 
     the State of Utah, and the Secretary of the Interior.--
       (1) Ratification.--All terms, conditions, procedures, 
     covenants, reservations, and other provisions included in the 
     Agreement--
       (A) shall be considered to be in the public interest;
       (B) are incorporated by reference into this section;
       (C) are ratified and confirmed by Congress; and
       (D) set forth the obligations of the United States, the 
     State, and the Administration under the Agreement as a matter 
     of Federal law.
       (2) Implementation.--The Secretary shall implement the 
     Agreement.
       (c) Conveyances.--
       (1) Public interest determination.--The land exchange 
     directed by the Agreement shall be considered to be in the 
     public interest.
       (2) Authorization.--
       (A) Conveyances.--Notwithstanding any other provision of 
     law, the conveyances of land and interests in land described 
     in paragraphs (2), (3), and (5) of the Agreement shall be 
     executed in accordance with this section and the Agreement.
       (B) Deadline for certain conveyances.--The conveyances of 
     land and interests in land described in paragraphs (2) and 
     (3) of the Agreement shall be completed not later than 45 
     days after the date of enactment of this Act.
       (C) Requirement.--If necessary, the conveyances of land and 
     interests in land described in the Agreement shall be 
     equalized in accordance with subsection (d)(2).
       (3) Map and legal descriptions.--
       (A) Public availability.--The Map and Legal Descriptions 
     shall be on file and available for public inspection in the 
     offices of the Secretary and the State Director of the Bureau 
     of Land Management.
       (B) Conflict.--In the case of any conflict between the Map 
     and the Legal Descriptions, the Legal Descriptions shall 
     control.
       (C) Technical corrections.--Nothing in this section 
     prevents the Secretary and the Administration from agreeing 
     to the correction of technical errors or omissions in the Map 
     or Legal Descriptions.
       (4) Adequacy of applicable plans.--A conveyance of Federal 
     land or an interest in Federal land to the State under the 
     Agreement shall be considered to comply with any applicable 
     land use plan developed under section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712).
       (d) Equalization of the Exchange.--
       (1) Appraisal.--
       (A) In general.--Not later than 18 months after the date of 
     execution of the exchange under subsection (c), the total 
     value of the land exchanged shall be determined by an 
     appraisal in accordance with paragraph (5) of the Agreement, 
     that shall--
       (i) be based on land and mineral values determined as of 
     the date of enactment of this Act;
       (ii) be conducted in accordance with section 206(d) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(d)); and
       (iii) use nationally recognized appraisal standards, 
     including--

       (I) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (II) the Uniform Standards of Professional Appraisal 
     Practice.

       (B) Minerals.--
       (i) Mineral reports.--The appraisals conducted under 
     subparagraph (A) may take into account mineral and technical 
     reports provided by the Secretary and the Administration in 
     the evaluation of mineral deposits in the land and interests 
     in land exchanged under the Agreement.
       (ii) Mining claims.--The appraisal of any parcel of Federal 
     land or interest in Federal land that is encumbered by a 
     mining claim, mill site, or tunnel site located under the 
     mining laws shall be conducted in accordance with standard 
     appraisal practices, including, as appropriate, the Uniform 
     Appraisal Standards for Federal Land Acquisition.
       (iii) Validity examinations.--Nothing in this subparagraph 
     requires the United States to conduct a mineral examination 
     for any mining claim on the Federal land or interest in 
     Federal land conveyed under the Agreement.
       (C) Adjustment.--
       (i) In general.--If value is attributed to any parcel of 
     Federal land or interest in Federal land through an appraisal 
     under subparagraph (A) based on the presence of minerals 
     subject to leasing under the Mineral Leasing Act (30 U.S.C. 
     181 et seq.), the value of the parcel or interest in Federal 
     land (as otherwise established under this paragraph) shall be 
     reduced by the percentage of the applicable Federal revenue 
     sharing obligation under section 35(a) of the Mineral Leasing 
     Act (30 U.S.C. 191(a)).
       (ii) Limitation.--Any adjustment under clause (i) shall not 
     be considered to be a property right of the State.
       (D) Approval; duration.--An appraisal conducted under 
     subparagraph (A) shall--
       (i) be submitted to the Secretary and the Administration 
     for approval; and
       (ii) remain valid for 3 years after the date on which the 
     appraisal is approved by the Secretary and the Administration 
     under clause (i).
       (E) Dispute resolution.--If, by the date that is 90 days 
     after the date of submission of an appraisal for review and 
     approval under subparagraph (D)(i), the Secretary and the 
     Administration do not agree to accept the findings of the 
     appraisal with respect to any parcel of land or interest in 
     land to be exchanged, the dispute shall be resolved in 
     accordance with section 206(d)(2) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1716(d)(2)).
       (2) Equalization of values.--If the total value of the 
     State land described in paragraph (2) of the Agreement and 
     the total value of the Federal land and interests in Federal 
     land described in paragraph (3) of the Agreement, as 
     determined under paragraph (1), are not equal--
       (A) the value shall be equalized in accordance with 
     paragraph (5) of the Agreement; and
       (B) the conveyance of equalization parcels, in accordance 
     with paragraph (5) of the Agreement, shall occur not later 
     than 45 days after the date of the identification of the 
     appraised equalization parcels or portions of parcels to be 
     conveyed to ensure that the exchange is of equal value.
       (e) Withdrawals.--
       (1) Withdrawal of federal land from mineral entry prior to 
     exchange.--Subject to valid existing rights, the Federal land 
     and interests in Federal land to be conveyed to the State 
     under subsection (c)(2) are withdrawn from mineral location, 
     entry, and patent under the mining laws pending conveyance of 
     the Federal land and interests in Federal land to the State.
       (2) Withdrawal of state land conveyed to the united 
     states.--Subject to valid existing rights, on the date of 
     acquisition by

[[Page S2376]]

     the United States, the State land described in paragraph (2) 
     of the Agreement acquired by the United States under 
     subsection (c)(2), to the extent not subject to previous 
     withdrawals, is permanently withdrawn from all forms of 
     appropriation and disposal under--
       (A) the public land laws (including the mining and mineral 
     leasing laws); and
       (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
     seq.).
       (3) Withdrawal revocation.--Any withdrawal of the parcels 
     of Federal land and interests in Federal land described in 
     paragraph (3) of the Agreement to be conveyed to the State 
     under subsection (c)(2) from appropriation or disposal under 
     a public land law shall be revoked to the extent necessary to 
     permit the conveyance of the Federal land parcel to the State 
     free of any encumbrances associated with power site reserves 
     or classifications.
       (f) Sunnyside, Utah, Water Supply Provisions.--The Act of 
     January 7, 1921 (41 Stat. 1087, chapter 13), is amended by 
     adding at the end the following:

     ``SEC. 5. CERTAIN EXCLUSIONS.

       ``Notwithstanding any other provision of this Act, the 
     provisions of this Act of shall not apply to the following:
       ``(1) S\1/2\SW\1/4\ sec 34, T. 13 S., R. 14 E., of the Salt 
     Lake Meridian.
       ``(2) Lots 1-4, T. 14 S., R. 14 E., sec. 11, S\1/2\N\1/2\ 
     and S\1/2\, of the Salt Lake Meridian.
       ``(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S\1/
     2\NW\1/4\ and SW\1/4\, of the Salt Lake Meridian.
       ``(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE\1/4\, 
     W\1/2\, and N\1/2\SE\1/4\, of the Salt Lake Meridian.
       ``(5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake 
     Meridian.''.
                                 ______
                                 
  SA 169. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. TERMINATION OF DESIGNATION OF RUSSIAN INVASION OF 
                   UKRAINE AS AN UNFORESEEN EMERGENCY UNDER 
                   SECTION 506(A)(1) OF THE FOREIGN ASSISTANCE ACT 
                   OF 1961.

       Beginning on the date of the enactment of this Act, the 
     President may not designate the Russian invasion of Ukraine, 
     which began in February 2022, as an unforeseen emergency for 
     purposes of section 506(a)(1) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2318(a)(1)).
                                 ______
                                 
  SA 170. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

             Subtitle __--Military Humanitarian Operations

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Military Humanitarian 
     Operations Act of 2023''.

     SEC. __2. MILITARY HUMANITARIAN OPERATION DEFINED.

       (a) In General.--In this subtitle, the term ``military 
     humanitarian operation'' means a military operation involving 
     the deployment of members or weapons systems of the United 
     States Armed Forces where hostile activities are reasonably 
     anticipated and with the aim of preventing or responding to a 
     humanitarian catastrophe, including its regional 
     consequences, or addressing a threat posed to international 
     peace and security. The term includes--
       (1) operations undertaken pursuant to the principle of the 
     ``responsibility to protect'' as referenced in United Nations 
     Security Council Resolution 1674 (2006);
       (2) operations specifically authorized by the United 
     Nations Security Council, or other international 
     organizations; and
       (3) unilateral deployments and deployments made in 
     coordination with international organizations, treaty-based 
     organizations, or coalitions formed to address specific 
     humanitarian catastrophes.
       (b) Operations Not Included.--The term ``military 
     humanitarian operation'' does not mean a military operation 
     undertaken for the following purposes:
       (1) Responding to or repelling attacks, or preventing 
     imminent attacks, on the United States or any of its 
     territorial possessions, embassies, or consulates, or members 
     of the United States Armed Forces.
       (2) Direct acts of reprisal for attacks on the United 
     States or any of its territorial possessions, embassies, or 
     consulates, or members of the United States Armed Forces.
       (3) Invoking the inherent right to individual or collective 
     self-defense in accordance with Article 51 of the Charter of 
     the United Nations.
       (4) Military missions to rescue United States citizens or 
     military or diplomatic personnel abroad.
       (5) Humanitarian missions in response to natural disasters 
     where no civil unrest or combat with hostile forces is 
     reasonably anticipated, and where such operation is for not 
     more than 30 days.
       (6) Actions to maintain maritime freedom of navigation, 
     including actions aimed at combating piracy.
       (7) Training exercises conducted by the United States Armed 
     Forces abroad where no combat with hostile forces is 
     reasonably anticipated.

     SEC. __3. REQUIREMENT FOR CONGRESSIONAL AUTHORIZATION.

       The President may not deploy members of the United States 
     Armed Forces into the territory, airspace, or waters of a 
     foreign country for a military humanitarian operation not 
     previously authorized by statute unless--
       (1) the President submits to Congress a formal request for 
     authorization to use members of the Armed Forces for the 
     military humanitarian operation; and
       (2) Congress enacts a specific authorization for such use 
     of forces.

     SEC. __4. SEVERABILITY.

       If any provision of this subtitle is held to be 
     unconstitutional, the remainder of the subtitle shall not be 
     affected.
                                 ______
                                 
  SA 171. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XII, add the following:

     SEC. 12___. PROHIBITION ON USE OF FUNDS TO PROVIDE ASSISTANCE 
                   TO VETTED SYRIAN OPPOSITION.

       None of the funds authorized to be appropriated by this Act 
     may be obligated or expended for activities under section 
     1209 of the Carl Levin and Howard P. ``Buck'' McKeon National 
     Defense Authorization Act for Fiscal Year 2015 (Public Law 
     113-291; 127 Stat. 3541).
                                 ______
                                 
  SA 172. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. __. REPORT ON THE DEMILITARIZATION ABROAD OF 
                   UNSERVICEABLE MUNITIONS LOCATED OUTSIDE THE 
                   UNITED STATES.

       (a) In General.--Not later than 180 days after the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth an assessment of the 
     feasibility and advisability of demilitarizing abroad 
     unserviceable munitions that are located outside the United 
     States in order to avoid the costs of transporting such 
     munitions to the United States for demilitarization.
       (b) Considerations.--In preparing the evaluation required 
     for the report, the Secretary shall take into account the 
     following:
       (1) The need for mitigation of adverse environmental 
     impacts, or impacts to the health and safety of local 
     populations, in the demilitarization of unserviceable 
     munitions.
       (2) The availability and ease of use of munitions 
     demilitarization technologies and mechanisms abroad, whether 
     or not currently in use by the Army, including available non-
     incineration technologies.
       (3) Any costs savings achievable through demilitarization 
     of unserviceable munitions abroad.
       (c) Technologies.--If the Secretary determines for purposes 
     of the report that the demilitarization abroad of 
     unserviceable munitions located outside the United States is 
     feasible and advisable, the report shall include a 
     description and assessment of various technologies and other 
     mechanisms that would be suitable for such demilitarization.
                                 ______
                                 
  SA 173. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10____. LIMITATION ON THE EXTENSION OR ESTABLISHMENT OF 
                   NATIONAL MONUMENTS IN THE STATE OF UTAH.

       Section 320301(d) of title 54, United States Code, is 
     amended--
       (1) in the heading, by striking ``Wyoming'' and inserting 
     ``the State of Wyoming or Utah''; and

[[Page S2377]]

       (2) by striking ``Wyoming'' and inserting ``the State of 
     Wyoming or Utah''.
                                 ______
                                 
  SA 174. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10___. CONFIRMATION OF USE OF CERTAIN NON-FEDERAL LAND 
                   IN SALT LAKE CITY, UTAH, FOR VALID PUBLIC 
                   PURPOSES.

       (a) Confirmation of Uses.--
       (1) In general.--The use by the University of Utah of the 
     land described in subsection (b) as a University research 
     park, as approved by the letter from the Secretary of the 
     Interior to the University of Utah dated December 10, 1970, 
     and any modifications of the approved plan of development and 
     management approved by the Department of the Interior prior 
     to the date of enactment of this Act, is confirmed as a valid 
     public purpose consistent with the requirements of the Act of 
     June 14, 1926 (commonly known as the ``Recreation and Public 
     Purposes Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et 
     seq.), subject to the terms and conditions included in the 
     letter and approvals.
       (2) Other uses.--Any other uses of the land described in 
     subsection (b) by the University of Utah that are consistent 
     with use as a University research park and related university 
     purposes (including development of student housing and a 
     transit hub) are confirmed as valid public purposes 
     consistent with the requirements of the Act of June 14, 1926 
     (commonly known as the ``Recreation and Public Purposes 
     Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), 
     subject to the terms and conditions referred to in paragraph 
     (1).
       (b) Description of Non-Federal Land.--The land referred to 
     in subsection (a) is the approximately 593.54 acres of land 
     conveyed to the University of Utah under the Act of June 14, 
     1926 (commonly known as the ``Recreation and Public Purposes 
     Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), by 
     patent numbered 43-99-0012 and dated October 18, 1968, and 
     more particularly described as tracts D (excluding parcels 
     numbered 1, 2, 3, 4, and 5), G, and J, T. 1 S., R. 1 E., Salt 
     Lake Meridian.
                                 ______
                                 
  SA 175. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. GREATER SAGE-GROUSE PROTECTION AND RECOVERY; 
                   LESSER-PRAIRIE CHICKEN CONSERVATION; AMERICAN 
                   BURYING BEETLE LISTING STATUS.

       (a) Greater Sage-grouse Protection and Recovery.--
       (1) Purposes.--The purposes of this subsection are--
       (A) to facilitate implementation of State management plans 
     over a period of multiple, consecutive greater sage-grouse 
     life cycles; and
       (B) to demonstrate the efficacy of the State management 
     plans for the protection and recovery of the greater sage-
     grouse.
       (2) Definitions.--In this subsection:
       (A) Federal resource management plan.--The term ``Federal 
     resource management plan'' means--
       (i) a land use plan prepared by the Bureau of Land 
     Management for public land pursuant to section 202 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1712); and
       (ii) a land and resource management plan prepared by the 
     Forest Service for National Forest System land pursuant to 
     section 6 of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1604).
       (B) Greater sage-grouse.--The term ``greater sage-grouse'' 
     means a sage-grouse of the species Centrocercus urophasianus.
       (C) State management plan.--The term ``State management 
     plan'' means a State-approved plan for the protection and 
     recovery of the greater sage-grouse.
       (3) Protection and recovery of greater sage-grouse.--
       (A) Endangered species act of 1973 findings.--
       (i) Delay required.--The Secretary of the Interior may not 
     modify or invalidate the finding of the Director of the 
     United States Fish and Wildlife Service announced in the 
     proposed rule entitled ``Endangered and Threatened Wildlife 
     and Plants; 12-Month Finding on a Petition to List Greater 
     Sage-Grouse (Centrocercus urophasianus) as an Endangered or 
     Threatened Species'' (80 Fed. Reg. 59858 (October 2, 2015)) 
     during the 10-year period beginning on the date of enactment 
     of this Act.
       (ii) Effect on other laws.--The delay required under clause 
     (i) is and shall remain effective without regard to any other 
     statute, regulation, court order, legal settlement, or any 
     other provision of law or in equity.
       (iii) Effect on conservation status.--The conservation 
     status of the greater sage-grouse shall be considered not to 
     warrant listing of the greater sage-grouse as an endangered 
     species or threatened species under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) during the 10-year 
     period beginning on the date of enactment of this Act.
       (B) Coordination of federal land management and state 
     conservation and management plans.--
       (i) Prohibition on withdrawal and modification of federal 
     resource management plans.--On notification by the Governor 
     of a State with a State management plan, the Secretary of the 
     Interior and the Secretary of Agriculture may not make, 
     modify, or extend any withdrawal or amend or otherwise modify 
     any Federal resource management plan applicable to Federal 
     land in the State in a manner inconsistent with the State 
     management plan for, as specified by the Governor in the 
     notification, a period of not fewer than 5 years beginning on 
     the date of the notification.
       (ii) Retroactive effect.--In the case of any State that 
     provides notification under clause (i), if any withdrawal was 
     made, modified, or extended or any amendment or modification 
     of a Federal resource management plan applicable to Federal 
     land in the State was issued after June 1, 2014, and the 
     withdrawal, amendment, or modification altered the management 
     of the greater sage-grouse or the habitat of the greater 
     sage-grouse--

       (I) implementation and operation of the withdrawal, 
     amendment, or modification shall be stayed to the extent that 
     the withdrawal, amendment, or modification is inconsistent 
     with the State management plan; and
       (II) the Federal resource management plan, as in effect 
     immediately before the withdrawal, amendment, or 
     modification, shall apply instead with respect to the 
     management of the greater sage-grouse and the habitat of the 
     greater sage-grouse, to the extent consistent with the State 
     management plan.

       (iii) Determination of inconsistency.--Any disagreement 
     regarding whether a withdrawal, amendment, or other 
     modification of a Federal resource management plan is 
     inconsistent with a State management plan shall be resolved 
     by the Governor of the affected State.
       (C) Relation to national environmental policy act of 
     1969.--With regard to any major Federal action consistent 
     with a State management plan, any findings, analyses, or 
     conclusions regarding the greater sage-grouse and the habitat 
     of the greater sage-grouse under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) shall not have a preclusive effect on the 
     approval or implementation of the major Federal action in 
     that State.
       (D) Reporting requirement.--Not later than 1 year after the 
     date of enactment of this Act, and annually thereafter 
     through the date that is 10 years after that date of 
     enactment, the Secretary of the Interior and the Secretary of 
     Agriculture shall jointly submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Natural Resources of the House of Representatives a report 
     describing the implementation by the Secretaries of, and the 
     effectiveness of, systems to monitor the status of greater 
     sage-grouse on Federal land under the jurisdiction of the 
     Secretaries.
       (E) Judicial review.--Notwithstanding any other provision 
     of law (including regulations), this paragraph, including any 
     determination made under subparagraph (B)(iii), shall not be 
     subject to judicial review.
       (b) Implementation of Lesser Prairie-chicken Range-wide 
     Conservation Plan and Other Conservation Measures.--
       (1) Definitions.--In this subsection:
       (A) Candidate conservation agreement; candidate 
     conservation agreement with assurances.--The terms 
     ``Candidate Conservation Agreement'' and ``Candidate 
     Conservation Agreement with Assurances'' have the meanings 
     given those terms in the announcement of the Department of 
     the Interior and the Department of Commerce entitled 
     ``Announcement of Final Policy for Candidate Conservation 
     Agreements with Assurances'' (64 Fed. Reg. 32726 (June 17, 
     1999)).
       (B) Lesser prairie-chicken.--The term ``lesser prairie-
     chicken'' means a prairie-chicken of the species Tympanuchus 
     pallidicinctus.
       (C) Range-wide plan.--The term ``Range-Wide Plan'' means 
     the lesser prairie-chicken Range-Wide Conservation Plan of 
     the Western Association of Fish and Wildlife Agencies, as 
     described in the proposed rule of the United States Fish and 
     Wildlife Service entitled ``Endangered and Threatened 
     Wildlife and Plants; Listing the Lesser-Prairie Chicken as a 
     Threatened Species with a Special Rule'' (79 Fed. Reg. 4652 
     (January 29, 2014)).
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Prohibition on treatment as threatened or endangered 
     species.--
       (A) In general.--Notwithstanding any prior action by the 
     Secretary, the lesser prairie-chicken shall not be treated as 
     a threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     before the date that is 10

[[Page S2378]]

     years after the date of enactment of this Act.
       (B) Prohibition on proposal.--Effective beginning on the 
     date that is 10 years after the date of enactment of this 
     Act, the lesser prairie-chicken may not be treated as a 
     threatened species or an endangered species under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
     unless the Secretary publishes a determination, based on the 
     totality of the scientific evidence, that conservation (as 
     that term is used in that Act) under the Range-Wide Plan and 
     the agreements, programs, and efforts described in paragraph 
     (3) have not achieved the conservation goals established by 
     the Range-Wide Plan.
       (3) Monitoring of progress of conservation programs.--The 
     Secretary shall monitor and annually submit to Congress a 
     report on the conservation progress of the lesser prairie-
     chicken under the Range-Wide Plan and all related--
       (A) Candidate Conservation Agreements and Candidate 
     Conservation Agreements with Assurances;
       (B) Federal conservation programs administered by the 
     Director of the United States Fish and Wildlife Service, the 
     Director of the Bureau of Land Management, and the Secretary 
     of Agriculture;
       (C) State conservation programs; and
       (D) private conservation efforts.
       (c) Removal of Endangered Species Status for American 
     Burying Beetle.--Notwithstanding the final rule of the United 
     States Fish and Wildlife Service entitled ``Endangered and 
     Threatened Wildlife and Plants; Determination of Endangered 
     Status for the American Burying Beetle'' (54 Fed. Reg. 29652 
     (July 13, 1989)), the American burying beetle (Nicrophorus 
     americanus) may not be listed as a threatened species or an 
     endangered species under the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).
                                 ______
                                 
  SA 176. Mr. TESTER (for himself, Mr. Cassidy, and Mr. Grassley) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title XII, add the following:

     SEC. 1299L. MODIFICATION OF DESCRIPTION OF INTEREST FOR 
                   PURPOSES OF CERTAIN DISTRIBUTIONS OF 
                   ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES.

       (a) In General.--Section 605(c)(1) of the Trade 
     Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 
     4401(c)(1)) is amended--
       (1) by striking subparagraphs (A) and (B); and
       (2) by striking ``October 1, 2014, by U.S. Customs and 
     Border Protection under, or in connection with--'' and 
     inserting ``October 1, 2000, by U.S. Customs and Border 
     Protection.''.
       (b) Funding.--In carrying out the amendments made by 
     subsection (a), the Commissioner of U.S. Customs and Border 
     Protection may use amounts available in the ``Refund of 
     Moneys Erroneously Received and Covered'' account of the 
     Department of the Treasury.
                                 ______
                                 
  SA 177. Mr. MARSHALL (for himself, Mr. Durbin, and Mr. Welch) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title VI, add the following:

     SEC. 633. REPORT ON CREDIT AND DEBIT CARD USER FEES IMPOSED 
                   ON VETERANS AND CAREGIVERS AT COMMISSARY STORES 
                   AND MWR FACILITIES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of the Treasury, shall submit 
     to Congress a report on the imposition of user fees under 
     subsection (g) of section 1065 of title 10, United States 
     Code, with respect to the use of credit or debit cards at 
     commissary stores and MWR facilities by individuals eligible 
     to use commissary stores and MWR facilities under that 
     section.
       (b) Elements.--The report required by subsection (a) shall 
     provide the following, for the fiscal year preceding 
     submission of the report:
       (1) The total amount of expenses borne by the Department of 
     the Treasury on behalf of commissary stores and MWR 
     facilities associated with the use of credit or debit cards 
     for customer purchases by individuals described in subsection 
     (a), including expenses related to card network use and 
     related transaction processing fees.
       (2) The total amount of fees related to credit and debit 
     card network use and related transaction processing paid by 
     the Department of the Treasury on behalf of commissary stores 
     and MWR facilities to credit and debit card networks and 
     issuers.
       (3) An identification of all credit and debit card networks 
     to which the Department of the Treasury paid fees described 
     in paragraph (2).
       (4) An identification of the 10 credit card issuers and the 
     10 debit card issuers to which the Department of the Treasury 
     paid the most fees described in paragraph (2).
       (5) The total amount of user fees imposed on individuals 
     under section 1065(g) of title 10, United States Code, who 
     are--
       (A) veterans who were awarded the Purple Heart;
       (B) veterans who were Medal of Honor recipients;
       (C) veterans who are former prisoners of war;
       (D) veterans with a service-connected disability; and
       (E) caregivers or family caregivers of a veteran.
       (6) The total amount of fees described in paragraph (2) 
     that were reimbursed to the Department of the Treasury by 
     credit and debit card networks and issuers in order to spare 
     individuals described in subsection (a) from being charged 
     user fees for credit and debit card use at commissary stores 
     or MWR retail facilities.
       (c) Definitions.--In this section, the terms ``caregiver'', 
     ``family caregiver'', and ``MWR facilities'' have the 
     meanings given those terms in section 1065(h) of title 10, 
     United States Code.
                                 ______
                                 
  SA 178. Mr. KING (for himself and Mr. Rounds) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to 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; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title VII, insert the 
     following:

     SEC. 7__. HEALTH CARE FROM DEPARTMENT OF VETERANS AFFAIRS FOR 
                   MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY 
                   DURING PERIOD PRIOR TO DISCHARGE, RELEASE, 
                   RETIREMENT, OR SEPARATION.

       (a) Care for Members of the Armed Forces on Active Duty.--
       (1) In general.--Subchapter VIII of chapter 17 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1790. Care for members of the Armed Forces on active 
       duty

       ``(a) In General.--The Secretary shall furnish hospital 
     care and medical services that the Secretary determines to be 
     needed--
       ``(1) to a member of the armed forces throughout the 90-day 
     period immediately preceding discharge or release of such 
     member from the armed forces upon completion by such member 
     of 180 or more continuous days of active duty; and
       ``(2) to a member of the armed forces throughout the 90-day 
     period immediately preceding retirement or separation of such 
     member from active duty for disability without regard to 
     duration of service of such member on active duty.
       ``(b) Manner of Providing Care.--In carrying out subsection 
     (a), the Secretary shall furnish hospital care and medical 
     services in the same or similar manner and subject to the 
     same or similar limitations as hospital care and medical 
     services furnished to veterans eligible for such care and 
     services, by--
       ``(1) establishing processes and procedures to complete 
     enrollment in the patient enrollment system under section 
     1705(a)(9) of this title of members of the armed forces 
     described in subsection (a) prior to the 90-day authorization 
     window for hospital care and medical services under such 
     subsection;
       ``(2) establishing access standards for furnishing hospital 
     care and medical services to such members; and
       ``(3) ensuring that such access standards mitigate the 
     absence of service-connected disability determinations for 
     such members.
       ``(c) Annual Report.--
       ``(1) In general.--Not later than April 30 of each year, 
     the Secretary shall submit to the Committee on Veterans' 
     Affairs of the Senate and the Committee on Veterans' Affairs 
     of the House of Representatives a report on hospital care and 
     medical services furnished under subsection (a) during the 
     previous calendar year.
       ``(2) Elements.--Each report required under paragraph (1) 
     shall include, for the year covered by the report--
       ``(A) the number of individuals who received hospital care 
     or medical services under subsection (a);
       ``(B) demographic information for such individuals;
       ``(C) the types of such care or services furnished or paid 
     for by the Department; and
       ``(D) the total cost to the Department of providing such 
     care or services.
       ``(d) Armed Forces Defined.--In this section, the term 
     `armed forces' has the meaning given that term in section 101 
     of title 10.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``1790. Care for members of the Armed Forces on active duty.''.

[[Page S2379]]

       (b) Enrollment of Members.--Section 1705(a) of title 38, 
     United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``enrollment of veterans'' and inserting ``enrollment of 
     individuals under such system''; and
       (2) by adding at the end the following new paragraph:
       ``(9) Members of the Armed Forces for purposes of 
     furnishing hospital care and medical services under section 
     1790(a) of this title.''.
       (c) Implementation Date.--The Secretary of Veterans Affairs 
     shall begin furnishing care and services under section 1790 
     of title 38, United States Code, as added by subsection (a), 
     by not later than one year after the date of the enactment of 
     this Act.
       (d) Progress Briefing.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall 
     provide to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives a briefing regarding the progress of the 
     Secretary in meeting the requirements under section 1790 of 
     title 38, United States Code, as added by subsection (a).
                                 ______
                                 
  SA 179. Mr. KING (for himself and Mr. Cassidy) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. IMPROVEMENTS TO DEPARTMENT OF VETERANS AFFAIRS-
                   DEPARTMENT OF DEFENSE JOINT EXECUTIVE 
                   COMMITTEE.

       (a) Short Title.--This section may be cited as the 
     ``Ensuring Interagency Cooperation to Support Veterans Act of 
     2023''.
       (b) In General.--Section 320 of title 38, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following new subparagraphs:
       ``(C) the Assistant Secretary of Labor for Veterans' 
     Employment and Training and such other officers and employees 
     of the Department of Labor as the Secretary of Labor may 
     designate; and
       ``(D) such officers and employees of other Executive 
     agencies as the Secretary of Veterans Affairs and the 
     Secretary of Defense jointly determine, with the consent of 
     the heads of the Executive agencies of such officers and 
     employees, necessary to carry out the goals and objectives of 
     the Committee.'';
       (B) by adding at the end the following new paragraph:
       ``(3) The co-chairs of the Committee are the Deputy 
     Secretary of Veterans Affairs and the Under Secretary of 
     Defense for Personnel and Readiness.'';
       (2) in subsection (b)(2), by striking ``Job Training and 
     Post-Service Placement Executive Committee'' and inserting 
     ``Transition Executive Committee'';
       (3) in subsection (d), by adding at the end the following 
     new paragraph:
       ``(6) Develop, implement, and oversee such other joint 
     actions, initiatives, programs, and policies as the two 
     Secretaries determine appropriate and consistent with the 
     purpose of the Committee.''; and
       (4) in subsection (e)--
       (A) in the subsection heading, by striking ``Job Training 
     and Post-Service Placement'' and inserting ``Transition'';
       (B) in the matter before paragraph (1)--
       (i) by striking ``Job Training and Post-Service Placement'' 
     and inserting ``Transition'';
       (ii) by inserting ``, in addition to such other activities 
     as may assigned to the committee under subsection (d)(6)'' 
     after ``shall''; and
       (C) in paragraph (2), by inserting ``, transition from life 
     in the Armed Forces to civilian life,'' after ``job 
     training''.
                                 ______
                                 
  SA 180. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       Strike sections 1702 and 1703 and insert the following:

     SEC. 1702. COMPREHENSIVE ASSESSMENT OF SPACE FORCE EQUITIES 
                   IN THE NATIONAL GUARD.

       (a) Study Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     seek to enter into an agreement with a Federally funded 
     research and development center under which such center will 
     conduct an independent study to determine the a cost benefit 
     analysis of the range of feasible options for the future of 
     State National Guard units with space based missions and 
     provide to the Secretary a report on the findings of the 
     study. The conduct of such study shall include--
       (1) an analysis of the current model of National Guard 
     units with space-based missions, the potential plan to 
     transition these aforementioned National Guard units in to 
     the Space Force, and the potential creation of a Space Force 
     National Guard.
       (2) a cost-benefit analysis for each of the analyzed 
     courses of action; and
       (3) an analysis of the best replacement missions or units 
     for the State National Guards that would lose a mission or 
     unit under any of the proposed plans analyzed.
       (b) Deadline for Completion.--An agreement entered into 
     pursuant to subsection (a) shall specify that the study 
     conducted under the agreement shall be completed by not later 
     than February 1, 2025.
       (c) Briefing and Report.--
       (1) In general.--Upon completion of a study conducted under 
     an agreement entered into pursuant to subsection (a), the 
     Secretary shall provide to the Committees on Armed Services 
     of the Senate and House of Representatives a briefing and 
     report on the findings of the study.
       (2) Classification of report.--The report required under 
     paragraph (1) shall be submitted in unclassified form but may 
     include classified appendices as required.
       In section 1743--
       (1) in the section heading, strike ``and the air national 
     guard'';
       (2) strike ``or the Air National Guard'' each place it 
     appears;
       (3) in subsection (d)(2), strike ``and the Air National 
     Guard''; and
       (4) in subsection (e)(1), strike ``, the Air National 
     Guard,''.
       In section 1744(a), strike ``or the Air National Guard''.
                                 ______
                                 
  SA 181. Mr. SCHUMER (for himself and Mr. McConnell) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1083. SENATE NATIONAL SECURITY WORKING GROUP.

       (a) In General.--Section 21 of Senate Resolution 64 (113th 
     Congress), agreed to March 5, 2013, is amended by striking 
     subsection (d).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as though enacted on December 31, 2022.
                                 ______
                                 
  SA 182. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                     Subtitle H--Dream Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Dream Act of 2023''.

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) In general.--Except as otherwise specifically provided, 
     any term used in this subtitle that is used in the 
     immigration laws shall have the meaning given such term in 
     the immigration laws.
       (2) DACA.--The term ``DACA'' means deferred action granted 
     to an alien pursuant to the Deferred Action for Childhood 
     Arrivals program announced by President Obama on June 15, 
     2012.
       (3) Disability.--The term ``disability'' has the meaning 
     given such term in section 3(1) of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102(1)).
       (4) Early childhood education program.--The term ``early 
     childhood education program'' has the meaning given such term 
     in section 103 of the Higher Education Act of 1965 (20 U.S.C. 
     1003).
       (5) Elementary school; high school; secondary school.--The 
     terms ``elementary school'', ``high school'', and ``secondary 
     school'' have the meanings given such terms in section 8101 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7801).
       (6) Immigration laws.--The term ``immigration laws'' has 
     the meaning given such term in section 101(a)(17) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
       (7) Institution of higher education.--The term 
     ``institution of higher education''--
       (A) except as provided in subparagraph (B), has the meaning 
     given such term in section 102 of the Higher Education Act of 
     1965 (20 U.S.C. 1002); and
       (B) does not include an institution of higher education 
     outside of the United States.
       (8) Permanent resident status on a conditional basis.--The 
     term ``permanent resident status on a conditional basis'' 
     means

[[Page S2380]]

     status as an alien lawfully admitted for permanent residence 
     on a conditional basis under this subtitle.
       (9) Poverty line.--The term ``poverty line'' has the 
     meaning given such term in section 673 of the Community 
     Services Block Grant Act (42 U.S.C. 9902).
       (10) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Homeland 
     Security.
       (11) Uniformed services.--The term ``Uniformed Services'' 
     has the meaning given the term ``uniformed services'' in 
     section 101(a) of title 10, United States Code.

     SEC. 1093. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS 
                   FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Conditional Basis for Status.--Notwithstanding any 
     other provision of law, an alien shall be considered, at the 
     time of obtaining the status of an alien lawfully admitted 
     for permanent residence under this section, to have obtained 
     such status on a conditional basis subject to the provisions 
     under this subtitle.
       (b) Requirements.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall cancel the removal of, and adjust to 
     the status of an alien lawfully admitted for permanent 
     residence on a conditional basis, an alien who is 
     inadmissible or deportable from the United States or is in 
     temporary protected status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a), if--
       (A) the alien has been continuously physically present in 
     the United States since the date that is 4 years before the 
     date of the enactment of this Act;
       (B) the alien was younger than 18 years of age on the date 
     on which the alien initially entered the United States;
       (C) subject to paragraphs (2) and (3), the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     (6)(G), (8), (10)(A), (10)(C), or (10)(D) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) has not ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion; and
       (iii) has not been convicted of--

       (I) any offense under Federal or State law, other than a 
     State offense for which an essential element is the alien's 
     immigration status, that is punishable by a maximum term of 
     imprisonment of more than 1 year; or
       (II) 3 or more offenses under Federal or State law, other 
     than State offenses for which an essential element is the 
     alien's immigration status, for which the alien was convicted 
     on different dates for each of the 3 offenses and imprisoned 
     for an aggregate of 90 days or more; and

       (D) the alien--
       (i) has been admitted to an institution of higher 
     education;
       (ii) has earned a high school diploma or a commensurate 
     alternative award from a public or private high school, or 
     has obtained a general education development certificate 
     recognized under State law or a high school equivalency 
     diploma in the United States; or
       (iii) is enrolled in secondary school or in an education 
     program assisting students in--

       (I) obtaining a regular high school diploma or its 
     recognized equivalent under State law; or
       (II) in passing a general educational development exam, a 
     high school equivalence diploma examination, or other similar 
     State-authorized exam.

       (2) Waiver.--With respect to any benefit under this 
     subtitle, the Secretary may waive the grounds of 
     inadmissibility under paragraph (2), (6)(E), (6)(G), or 
     (10)(D) of section 212(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)) for humanitarian purposes or family 
     unity or if the waiver is otherwise in the public interest.
       (3) Treatment of expunged convictions.--An expunged 
     conviction shall not automatically be treated as an offense 
     under paragraph (1). The Secretary shall evaluate expunged 
     convictions on a case-by-case basis according to the nature 
     and severity of the offense to determine whether, under the 
     particular circumstances, the Secretary determines that the 
     alien should be eligible for cancellation of removal, 
     adjustment to permanent resident status on a conditional 
     basis, or other adjustment of status.
       (4) DACA recipients.--The Secretary shall cancel the 
     removal of, and adjust to the status of an alien lawfully 
     admitted for permanent residence on a conditional basis, an 
     alien who was granted DACA unless the alien has engaged in 
     conduct since the alien was granted DACA that would make the 
     alien ineligible for DACA.
       (5) Application fee.--
       (A) In general.--The Secretary may require an alien 
     applying for permanent resident status on a conditional basis 
     under this section to pay a reasonable fee that is 
     commensurate with the cost of processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, accumulated $10,000 or more in debt as a result of 
     unreimbursed medical expenses incurred by the alien or an 
     immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (6) Submission of biometric and biographic data.--The 
     Secretary may not grant an alien permanent resident status on 
     a conditional basis under this section unless the alien 
     submits biometric and biographic data, in accordance with 
     procedures established by the Secretary. The Secretary shall 
     provide an alternative procedure for aliens who are unable to 
     provide such biometric or biographic data because of a 
     physical impairment.
       (7) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien seeking permanent resident status on a 
     conditional basis under this section; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for such status.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary grants 
     such alien permanent resident status on a conditional basis 
     under this section.
       (8) Medical examination.--
       (A) Requirement.--An alien applying for permanent resident 
     status on a conditional basis under this section shall 
     undergo a medical examination.
       (B) Policies and procedures.--The Secretary, with the 
     concurrence of the Secretary of Health and Human Services, 
     shall prescribe policies and procedures for the nature and 
     timing of the examination required under subparagraph (A).
       (9) Military selective service.--An alien applying for 
     permanent resident status on a conditional basis under this 
     section shall establish that the alien has registered under 
     the Military Selective Service Act (50 U.S.C. 3801 et seq.), 
     if the alien is subject to registration under such Act.
       (c) Determination of Continuous Presence.--
       (1) Termination of continuous period.--Any period of 
     continuous physical presence in the United States of an alien 
     who applies for permanent resident status on a conditional 
     basis under this section shall not terminate when the alien 
     is served a notice to appear under section 239(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1229(a)).
       (2) Treatment of certain breaks in presence.--
       (A) In general.--Except as provided in subparagraphs (B) 
     and (C), an alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under subsection (b)(1)(A) if the alien has departed from the 
     United States for any period exceeding 90 days or for any 
     periods, in the aggregate, exceeding 180 days.
       (B) Extensions for extenuating circumstances.--The 
     Secretary may extend the time periods described in 
     subparagraph (A) for an alien who demonstrates that the 
     failure to timely return to the United States was due to 
     extenuating circumstances beyond the alien's control, 
     including the serious illness of the alien, or death or 
     serious illness of a parent, grandparent, sibling, or child 
     of the alien.
       (C) Travel authorized by the secretary.--Any period of 
     travel outside of the United States by an alien that was 
     authorized by the Secretary may not be counted toward any 
     period of departure from the United States under subparagraph 
     (A).
       (d) Limitation on Removal of Certain Aliens.--
       (1) In general.--The Secretary or the Attorney General may 
     not remove an alien who appears prima facie eligible for 
     relief under this section.
       (2) Aliens subject to removal.--The Secretary shall provide 
     a reasonable opportunity to apply for relief under this 
     section to any alien who requests such an opportunity or who 
     appears prima facie eligible for relief under this section if 
     the alien is in removal proceedings, is the subject of a 
     final removal order, or is the subject of a voluntary 
     departure order.
       (3) Certain aliens enrolled in elementary or secondary 
     school.--
       (A) Stay of removal.--The Attorney General shall stay the 
     removal proceedings of an alien who--
       (i) meets all the requirements under subparagraphs (A), 
     (B), and (C) of subsection

[[Page S2381]]

     (b)(1), subject to paragraphs (2) and (3) of such subsection;
       (ii) is at least 5 years of age; and
       (iii) is enrolled in an elementary school, a secondary 
     school, or an early childhood education program.
       (B) Commencement of removal proceedings.--The Secretary may 
     not commence removal proceedings for an alien described in 
     subparagraph (A).
       (C) Employment.--An alien whose removal is stayed pursuant 
     to subparagraph (A) or who may not be placed in removal 
     proceedings pursuant to subparagraph (B) shall, upon 
     application to the Secretary, be granted an employment 
     authorization document.
       (D) Lift of stay.--The Secretary or Attorney General may 
     not lift the stay granted to an alien under subparagraph (A) 
     unless the alien ceases to meet the requirements under such 
     subparagraph.
       (e) Exemption From Numerical Limitations.--Nothing in this 
     section or in any other law may be construed to apply a 
     numerical limitation on the number of aliens who may be 
     granted permanent resident status on a conditional basis 
     under this subtitle.

     SEC. 1094. TERMS OF PERMANENT RESIDENT STATUS ON A 
                   CONDITIONAL BASIS.

       (a) Period of Status.--Permanent resident status on a 
     conditional basis is--
       (1) valid for a period of 8 years, unless such period is 
     extended by the Secretary; and
       (2) subject to termination under subsection (c).
       (b) Notice of Requirements.--At the time an alien obtains 
     permanent resident status on a conditional basis, the 
     Secretary shall provide notice to the alien regarding the 
     provisions of this subtitle and the requirements to have the 
     conditional basis of such status removed.
       (c) Termination of Status.--The Secretary may terminate the 
     permanent resident status on a conditional basis of an alien 
     only if the Secretary--
       (1) determines that the alien ceases to meet the 
     requirements under paragraph (1)(C) of section 1093(b), 
     subject to paragraphs (2) and (3) of that section; and
       (2) prior to the termination, provides the alien--
       (A) notice of the proposed termination; and
       (B) the opportunity for a hearing to provide evidence that 
     the alien meets such requirements or otherwise contest the 
     termination.
       (d) Return to Previous Immigration Status.--
       (1) In general.--Except as provided in paragraph (2), an 
     alien whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     shall return to the immigration status that the alien had 
     immediately before receiving permanent resident status on a 
     conditional basis or applying for such status, as 
     appropriate.
       (2) Special rule for temporary protected status.--An alien 
     whose permanent resident status on a conditional basis 
     expires under subsection (a)(1) or is terminated under 
     subsection (c) or whose application for such status is denied 
     and who had temporary protected status under section 244 of 
     the Immigration and Nationality Act (8 U.S.C. 1254a) 
     immediately before receiving or applying for such permanent 
     resident status on a conditional basis, as appropriate, may 
     not return to such temporary protected status if--
       (A) the relevant designation under section 244(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1254a(b)) has been 
     terminated; or
       (B) the Secretary determines that the reason for 
     terminating the permanent resident status on a conditional 
     basis renders the alien ineligible for such temporary 
     protected status.

     SEC. 1095. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT 
                   STATUS.

       (a) Eligibility for Removal of Conditional Basis.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall remove the conditional basis of an alien's permanent 
     resident status granted under this subtitle and grant the 
     alien status as an alien lawfully admitted for permanent 
     residence if the alien--
       (A) is described in paragraph (1)(C) of section 1093(b), 
     subject to paragraphs (2) and (3) of that section;
       (B) has not abandoned the alien's residence in the United 
     States; and
       (C)(i) has acquired a degree from an institution of higher 
     education or has completed at least 2 years, in good 
     standing, in a program for a bachelor's degree or higher 
     degree in the United States;
       (ii) has served in the Uniformed Services for at least 2 
     years and, if discharged, received an honorable discharge; or
       (iii) has been employed for periods totaling at least 3 
     years and at least 75 percent of the time that the alien has 
     had a valid employment authorization, except that any period 
     during which the alien is not employed while having a valid 
     employment authorization and is enrolled in an institution of 
     higher education, a secondary school, or an education program 
     described in section 1093(b)(1)(D)(iii), shall not count 
     toward the time requirements under this clause.
       (2) Hardship exception.--The Secretary shall remove the 
     conditional basis of an alien's permanent resident status and 
     grant the alien status as an alien lawfully admitted for 
     permanent residence if the alien--
       (A) satisfies the requirements under subparagraphs (A) and 
     (B) of paragraph (1);
       (B) demonstrates compelling circumstances for the inability 
     to satisfy the requirements under subparagraph (C) of such 
     paragraph; and
       (C) demonstrates that--
       (i) the alien has a disability;
       (ii) the alien is a full-time caregiver of a minor child; 
     or
       (iii) the removal of the alien from the United States would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent, or child who is a national of the United 
     States or is lawfully admitted for permanent residence.
       (3) Citizenship requirement.--
       (A) In general.--Except as provided in subparagraph (B), 
     the conditional basis of an alien's permanent resident status 
     granted under this subtitle may not be removed unless the 
     alien demonstrates that the alien satisfies the requirements 
     under section 312(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1423(a)).
       (B) Exception.--Subparagraph (A) shall not apply to an 
     alien who is unable to meet the requirements under such 
     section 312(a) due to disability.
       (4) Application fee.--
       (A) In general.--The Secretary may require aliens applying 
     for lawful permanent resident status under this section to 
     pay a reasonable fee that is commensurate with the cost of 
     processing the application.
       (B) Exemption.--An applicant may be exempted from paying 
     the fee required under subparagraph (A) if the alien--
       (i)(I) is younger than 18 years of age;
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; and
       (III) is in foster care or otherwise lacking any parental 
     or other familial support;
       (ii) is younger than 18 years of age and is homeless;
       (iii)(I) cannot care for himself or herself because of a 
     serious, chronic disability; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line; or
       (iv)(I) during the 12-month period immediately preceding 
     the date on which the alien files an application under this 
     section, the alien accumulated $10,000 or more in debt as a 
     result of unreimbursed medical expenses incurred by the alien 
     or an immediate family member of the alien; and
       (II) received total income, during the 12-month period 
     immediately preceding the date on which the alien files an 
     application under this section, that is less than 150 percent 
     of the poverty line.
       (5) Submission of biometric and biographic data.--The 
     Secretary may not remove the conditional basis of an alien's 
     permanent resident status unless the alien submits biometric 
     and biographic data, in accordance with procedures 
     established by the Secretary. The Secretary shall provide an 
     alternative procedure for applicants who are unable to 
     provide such biometric data because of a physical impairment.
       (6) Background checks.--
       (A) Requirement for background checks.--The Secretary shall 
     utilize biometric, biographic, and other data that the 
     Secretary determines appropriate--
       (i) to conduct security and law enforcement background 
     checks of an alien applying for removal of the conditional 
     basis of the alien's permanent resident status; and
       (ii) to determine whether there is any criminal, national 
     security, or other factor that would render the alien 
     ineligible for removal of such conditional basis.
       (B) Completion of background checks.--The security and law 
     enforcement background checks of an alien required under 
     subparagraph (A) shall be completed, to the satisfaction of 
     the Secretary, before the date on which the Secretary removes 
     the conditional basis of the alien's permanent resident 
     status.
       (b) Treatment for Purposes of Naturalization.--
       (1) In general.--For purposes of title III of the 
     Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an 
     alien granted permanent resident status on a conditional 
     basis shall be considered to have been admitted to the United 
     States, and be present in the United States, as an alien 
     lawfully admitted for permanent residence.
       (2) Limitation on application for naturalization.--An alien 
     may not apply for naturalization while the alien is in 
     permanent resident status on a conditional basis.

     SEC. 1096. DOCUMENTATION REQUIREMENTS.

       (a) Documents Establishing Identity.--An alien's 
     application for permanent resident status on a conditional 
     basis may include, as proof of identity--
       (1) a passport or national identity document from the 
     alien's country of origin that includes the alien's name and 
     the alien's photograph or fingerprint;
       (2) the alien's birth certificate and an identity card that 
     includes the alien's name and photograph;
       (3) a school identification card that includes the alien's 
     name and photograph, and school records showing the alien's 
     name and that the alien is or was enrolled at the school;
       (4) a Uniformed Services identification card issued by the 
     Department of Defense;

[[Page S2382]]

       (5) any immigration or other document issued by the United 
     States Government bearing the alien's name and photograph; or
       (6) a State-issued identification card bearing the alien's 
     name and photograph.
       (b) Documents Establishing Continuous Physical Presence in 
     the United States.--To establish that an alien has been 
     continuously physically present in the United States, as 
     required under section 1093(b)(1)(A), or to establish that an 
     alien has not abandoned residence in the United States, as 
     required under section 1095(a)(1)(B), the alien may submit 
     documents to the Secretary, including--
       (1) employment records that include the employer's name and 
     contact information;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) records of service from the Uniformed Services;
       (4) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (5) passport entries;
       (6) a birth certificate for a child who was born in the 
     United States;
       (7) automobile license receipts or registration;
       (8) deeds, mortgages, or rental agreement contracts;
       (9) tax receipts;
       (10) insurance policies;
       (11) remittance records;
       (12) rent receipts or utility bills bearing the alien's 
     name or the name of an immediate family member of the alien, 
     and the alien's address;
       (13) copies of money order receipts for money sent in or 
     out of the United States;
       (14) dated bank transactions; or
       (15) 2 or more sworn affidavits from individuals who are 
     not related to the alien who have direct knowledge of the 
     alien's continuous physical presence in the United States, 
     that contain--
       (A) the name, address, and telephone number of the affiant; 
     and
       (B) the nature and duration of the relationship between the 
     affiant and the alien.
       (c) Documents Establishing Initial Entry Into the United 
     States.--To establish under section 1093(b)(1)(B) that an 
     alien was younger than 18 years of age on the date on which 
     the alien initially entered the United States, an alien may 
     submit documents to the Secretary, including--
       (1) an admission stamp on the alien's passport;
       (2) records from any educational institution the alien has 
     attended in the United States;
       (3) any document from the Department of Justice or the 
     Department of Homeland Security stating the alien's date of 
     entry into the United States;
       (4) hospital or medical records showing medical treatment 
     or hospitalization, the name of the medical facility or 
     physician, and the date of the treatment or hospitalization;
       (5) rent receipts or utility bills bearing the alien's name 
     or the name of an immediate family member of the alien, and 
     the alien's address;
       (6) employment records that include the employer's name and 
     contact information;
       (7) official records from a religious entity confirming the 
     alien's participation in a religious ceremony;
       (8) a birth certificate for a child who was born in the 
     United States;
       (9) automobile license receipts or registration;
       (10) deeds, mortgages, or rental agreement contracts;
       (11) tax receipts;
       (12) travel records;
       (13) copies of money order receipts sent in or out of the 
     country;
       (14) dated bank transactions;
       (15) remittance records; or
       (16) insurance policies.
       (d) Documents Establishing Admission to an Institution of 
     Higher Education.--To establish that an alien has been 
     admitted to an institution of higher education, the alien 
     shall submit to the Secretary a document from the institution 
     of higher education certifying that the alien--
       (1) has been admitted to the institution; or
       (2) is currently enrolled in the institution as a student.
       (e) Documents Establishing Receipt of a Degree From an 
     Institution of Higher Education.--To establish that an alien 
     has acquired a degree from an institution of higher education 
     in the United States, the alien shall submit to the Secretary 
     a diploma or other document from the institution stating that 
     the alien has received such a degree.
       (f) Documents Establishing Receipt of High School Diploma, 
     General Educational Development Certificate, or a Recognized 
     Equivalent.--To establish that an alien has earned a high 
     school diploma or a commensurate alternative award from a 
     public or private high school, or has obtained a general 
     educational development certificate recognized under State 
     law or a high school equivalency diploma in the United 
     States, the alien shall submit to the Secretary--
       (1) a high school diploma, certificate of completion, or 
     other alternate award;
       (2) a high school equivalency diploma or certificate 
     recognized under State law; or
       (3) evidence that the alien passed a State-authorized exam, 
     including the general educational development exam, in the 
     United States.
       (g) Documents Establishing Enrollment in an Educational 
     Program.--To establish that an alien is enrolled in any 
     school or education program described in section 
     1093(b)(1)(D)(iii), 1093(d)(3)(A)(iii), or 1095(a)(1)(C), the 
     alien shall submit school records from the United States 
     school that the alien is currently attending that include--
       (1) the name of the school; and
       (2) the alien's name, periods of attendance, and current 
     grade or educational level.
       (h) Documents Establishing Exemption From Application 
     Fees.--To establish that an alien is exempt from an 
     application fee under section 1093(b)(5)(B) or 1095(a)(4)(B), 
     the alien shall submit to the Secretary the following 
     relevant documents:
       (1) Documents to establish age.--To establish that an alien 
     meets an age requirement, the alien shall provide proof of 
     identity, as described in subsection (a), that establishes 
     that the alien is younger than 18 years of age.
       (2) Documents to establish income.--To establish the 
     alien's income, the alien shall provide--
       (A) employment records that have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency;
       (B) bank records; or
       (C) at least 2 sworn affidavits from individuals who are 
     not related to the alien and who have direct knowledge of the 
     alien's work and income that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien.
       (3) Documents to establish foster care, lack of familial 
     support, homelessness, or serious, chronic disability.--To 
     establish that the alien was in foster care, lacks parental 
     or familial support, is homeless, or has a serious, chronic 
     disability, the alien shall provide at least 2 sworn 
     affidavits from individuals who are not related to the alien 
     and who have direct knowledge of the circumstances that 
     contain--
       (A) a statement that the alien is in foster care, otherwise 
     lacks any parental or other familiar support, is homeless, or 
     has a serious, chronic disability, as appropriate;
       (B) the name, address, and telephone number of the affiant; 
     and
       (C) the nature and duration of the relationship between the 
     affiant and the alien.
       (4) Documents to establish unpaid medical expense.--To 
     establish that the alien has debt as a result of unreimbursed 
     medical expenses, the alien shall provide receipts or other 
     documentation from a medical provider that--
       (A) bear the provider's name and address;
       (B) bear the name of the individual receiving treatment; 
     and
       (C) document that the alien has accumulated $10,000 or more 
     in debt in the past 12 months as a result of unreimbursed 
     medical expenses incurred by the alien or an immediate family 
     member of the alien.
       (i) Documents Establishing Qualification for Hardship 
     Exemption.--To establish that an alien satisfies one of the 
     criteria for the hardship exemption set forth in section 
     1095(a)(2)(C), the alien shall submit to the Secretary at 
     least 2 sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the 
     circumstances that warrant the exemption, that contain--
       (1) the name, address, and telephone number of the affiant; 
     and
       (2) the nature and duration of the relationship between the 
     affiant and the alien.
       (j) Documents Establishing Service in the Uniformed 
     Services.--To establish that an alien has served in the 
     Uniformed Services for at least 2 years and, if discharged, 
     received an honorable discharge, the alien shall submit to 
     the Secretary--
       (1) a Department of Defense form DD-214;
       (2) a National Guard Report of Separation and Record of 
     Service form 22;
       (3) personnel records for such service from the appropriate 
     Uniformed Service; or
       (4) health records from the appropriate Uniformed Service.
       (k) Documents Establishing Employment.--
       (1) In general.--An alien may satisfy the employment 
     requirement under section 1095(a)(1)(C)(iii) by submitting 
     records that--
       (A) establish compliance with such employment requirement; 
     and
       (B) have been maintained by the Social Security 
     Administration, the Internal Revenue Service, or any other 
     Federal, State, or local government agency.
       (2) Other documents.--An alien who is unable to submit the 
     records described in paragraph (1) may satisfy the employment 
     requirement by submitting at least 2 types of reliable 
     documents that provide evidence of employment, including--
       (A) bank records;
       (B) business records;
       (C) employer records;
       (D) records of a labor union, day labor center, or 
     organization that assists workers in employment;
       (E) sworn affidavits from individuals who are not related 
     to the alien and who have direct knowledge of the alien's 
     work, that contain--
       (i) the name, address, and telephone number of the affiant; 
     and
       (ii) the nature and duration of the relationship between 
     the affiant and the alien; and

[[Page S2383]]

       (F) remittance records.
       (l) Authority To Prohibit Use of Certain Documents.--If the 
     Secretary determines, after publication in the Federal 
     Register and an opportunity for public comment, that any 
     document or class of documents does not reliably establish 
     identity or that permanent resident status on a conditional 
     basis is being obtained fraudulently to an unacceptable 
     degree, the Secretary may prohibit or restrict the use of 
     such document or class of documents.

     SEC. 1097. RULEMAKING.

       (a) Initial Publication.--Not later than 90 days after the 
     date of the enactment of this Act, the Secretary shall 
     publish regulations implementing this subtitle in the Federal 
     Register. Such regulations shall allow eligible individuals 
     to immediately apply affirmatively for the relief available 
     under section 1093 without being placed in removal 
     proceedings.
       (b) Interim Regulations.--Notwithstanding section 553 of 
     title 5, United States Code, the regulations published 
     pursuant to subsection (a) shall be effective, on an interim 
     basis, immediately upon publication in the Federal Register, 
     but may be subject to change and revision after public notice 
     and opportunity for a period of public comment.
       (c) Final Regulations.--Not later than 180 days after the 
     date on which interim regulations are published under this 
     section, the Secretary shall publish final regulations 
     implementing this subtitle.
       (d) Paperwork Reduction Act.--The requirements under 
     chapter 35 of title 44, United States Code (commonly known as 
     the ``Paperwork Reduction Act''), shall not apply to any 
     action to implement this subtitle.

     SEC. 1098. CONFIDENTIALITY OF INFORMATION.

       (a) In General.--The Secretary may not disclose or use 
     information provided in applications filed under this 
     subtitle or in requests for DACA for the purpose of 
     immigration enforcement.
       (b) Referrals Prohibited.--The Secretary may not refer any 
     individual who has been granted permanent resident status on 
     a conditional basis or who was granted DACA to U.S. 
     Immigration and Customs Enforcement, U.S. Customs and Border 
     Protection, or any designee of either such entity.
       (c) Limited Exception.--Notwithstanding subsections (a) and 
     (b), information provided in an application for permanent 
     resident status on a conditional basis or a request for DACA 
     may be shared with Federal security and law enforcement 
     agencies--
       (1) for assistance in the consideration of an application 
     for permanent resident status on a conditional basis;
       (2) to identify or prevent fraudulent claims;
       (3) for national security purposes; or
       (4) for the investigation or prosecution of any felony not 
     related to immigration status.
       (d) Penalty.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.

     SEC. 1099. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect as if included in the original enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 110 Stat. 3009-
     546).
                                 ______
                                 
  SA 183. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title X, add the following:

     SEC. 1035. EXTENSION OF ANNUAL REPORT ON STRIKES UNDERTAKEN 
                   BY THE UNITED STATES AGAINST TERRORIST TARGETS 
                   OUTSIDE AREAS OF ACTIVE HOSTILITIES.

       Section 1723 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1811) is 
     amended--
       (1) in subsection (a), by striking ``until 2022'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``The report'' and inserting ``Each report''; and
       (B) in paragraph (1), by striking the semicolon and 
     inserting ``; and''; and
       (3) in subsection (d), by striking ``The report'' and 
     inserting ``Each report''.
                                 ______
                                 
  SA 184. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       Strike sections 1031 through 1034 and insert the following:

     SEC. 1031. PROHIBITION ON USE OF FUNDS TO OPERATE THE 
                   DETENTION FACILITY AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER 
                   30, 2025.

       None of the funds authorized to be appropriated or 
     otherwise made available by this Act or any other Act may be 
     used to operate the detention facility at United States Naval 
     Station, Guantanamo Bay, Cuba, after September 30, 2025.

     SEC. 1032. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT 
                   AND CLOSURE OF UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

       (a) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to the United States.--Section 1033 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1953), as most recently 
     amended by section 1031 of the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023 (Public Law 
     117-263), is repealed.
       (b) Use of Funds to Construct or Modify Facilities in the 
     United States to House Detainees Transferred From United 
     States Naval Station, Guantanamo Bay, Cuba.--Section 1034 of 
     the John S. McCain National Defense Authorization Act for 
     Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as 
     most recently amended by section 1032 of the James M. Inhofe 
     National Defense Authorization Act for Fiscal Year 2023 
     (Public Law 117-263), is repealed.
       (c) Use of Funds for Transfer or Release of Individuals 
     Detained at United States Naval Station, Guantanamo Bay, 
     Cuba, to Certain Countries.--Section 1035 of the John S. 
     McCain National Defense Authorization Act for Fiscal Year 
     2019 (Public Law 115-232; 132 Stat. 1954), as most recently 
     amended by section 1033 of the James M. Inhofe National 
     Defense Authorization Act for Fiscal Year 2023 (Public Law 
     117-263), is repealed.

     SEC. 1033. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS 
                   AND NOTIFICATIONS RELATING TO TRANSFER OF 
                   DETAINEES AT UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND 
                   OTHER FOREIGN ENTITIES.

       (a) Certification.--Section 1034 of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 
     129 Stat. 969; 10 U.S.C. 801 note) is repealed.
       (b) Notification.--Section 308 of the Intelligence 
     Authorization Act for Fiscal Year 2012 (Public Law 112-87; 
     125 Stat. 1883; 10 U.S.C. 801 note) is repealed.

     SEC. 1034. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES 
                   CODE.

       (a) In General.--Subchapters I through VI and subchapter 
     VIII of chapter 47A of title 10, United States Code, are 
     repealed.
       (b) Conforming Amendments to Subchapter VII.--
       (1) In general.--Subchapter VII of chapter 47A of such 
     title is amended--
       (A) in section 950d(a)(3), by inserting ``(as in effect on 
     the day before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2024)'' after ``of 
     this title'';
       (B) in section 950f--
       (i) in subsection (b)--

       (I) in paragraph (2), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2024)'' after ``of this 
     title''; and
       (II) in paragraph (6)(B), by striking ``section 949b(b)(4) 
     of this title'' and inserting ``paragraph (7)''; and

       (ii) by adding at the end the following new paragraph:
       ``(7) No appellate military judge on the United States 
     Court of Military Commission Review may be reassigned to 
     other duties, except under circumstances as follows:
       ``(A) The appellate military judge voluntarily requests to 
     be reassigned to other duties and the Secretary of Defense, 
     or the designee of the Secretary, in consultation with the 
     Judge Advocate General of the armed force of which the 
     appellate military judge is a member, approves such 
     reassignment.
       ``(B) The appellate military judge retires or otherwise 
     separates from the armed forces.
       ``(C) The appellate military judge is reassigned to other 
     duties by the Secretary of Defense, or the designee of the 
     Secretary, in consultation with the Judge Advocate General of 
     the armed force of which the appellate military judge is a 
     member, based on military necessity and such reassignment is 
     consistent with service rotation regulations (to the extent 
     such regulations are applicable).
       ``(D) The appellate military judge is withdrawn by the 
     Secretary of Defense, or the designee of the Secretary, in 
     consultation with the Judge Advocate General of the armed 
     force of which the appellate military judge is a member, for 
     good cause consistent with applicable procedures under 
     chapter 47 of this title (the Uniform Code of Military 
     Justice).'';
       (C) in section 950h(c), by inserting ``(as in effect on the 
     day before the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2024)'' after ``of this 
     title''; and
       (D) by adding at the end the following new section:

[[Page S2384]]

  


     ``Sec. 950k. Definition

       ``In this subchapter, the term `military commission under 
     this chapter' means a military commission under this chapter 
     as in effect on the day before the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 
     2024.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter VII of chapter 47A of such title is 
     amended by adding at the end the following new item:

``950k. Definition.''.
       (c) Clerical Amendment.--The table of subchapters at the 
     beginning of chapter 47A of such title is amended by striking 
     the items relating to subchapters I through VI and subchapter 
     VIII.
                                 ______
                                 
  SA 185. Mr. DURBIN (for himself, Mr. Cornyn, and Ms. Duckworth) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle F of title V, insert 
     the following:

     SEC. __. IMPACT AID ELIGIBILITY FOR CERTAIN LOCAL EDUCATIONAL 
                   AGENCIES.

       (a) Certain Heavily Impacted Local Educational Agencies.--
     Section 7003(b)(2) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 7703(b)(2)) is amended--
       (1) in subparagraph (B)(i)(IV)(aa), by striking ``35'' and 
     inserting ``20''; and
       (2) in the matter preceding item (aa) of subparagraph 
     (D)(i)(II), by striking ``35'' and inserting ``20''.
       (b) Agencies Affected by Privatization or Closure of 
     Military Housing.--Section 7003(b)(2)(G) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(G)) 
     is amended--
       (1) in clause (i), by striking ``clause (iii)'' and 
     inserting ``clause (iv)'';
       (2) by redesignating clause (iii) as clause (iv); and
       (3) by inserting after clause (ii) the following:
       ``(iii) Special rule.--Notwithstanding any other provision 
     of this section, a local educational agency that was eligible 
     for, and received, a basic support payment under this 
     paragraph for fiscal year 2023 through the application of 
     clause (i) shall remain eligible for a basic support payment 
     under this paragraph for fiscal year 2024 and any succeeding 
     fiscal year. The amount of a payment under this clause shall 
     be calculated in accordance with clause (ii).''.
                                 ______
                                 
  SA 186. Mrs. CAPITO submitted an amendment intended to be proposed by 
her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RECYCLING INFRASTRUCTURE AND ACCESSIBILITY PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Curbside recycling.--The term ``curbside recycling'' 
     means the process by which residential recyclable materials 
     are picked up curbside.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) a State (as defined in section 1004 of the Solid Waste 
     Disposal Act (42 U.S.C. 6903));
       (B) a unit of local government;
       (C) an Indian Tribe; and
       (D) a public-private partnership.
       (4) 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).
       (5) Materials recovery facility.--
       (A) In general.--The term ``materials recovery facility'' 
     means a recycling facility where primarily residential 
     recyclables, which are diverted from disposal by a generator 
     and collected separately from municipal solid waste, are 
     mechanically or manually sorted into commodities for further 
     processing into specification-grade commodities for sale to 
     end users.
       (B) Exclusion.--The term ``materials recovery facility'' 
     does not include a solid waste management facility that may 
     process municipal solid waste to remove recyclable materials.
       (6) Pilot grant program.--The term ``pilot grant program'' 
     means the Recycling Infrastructure and Accessibility Program 
     established under subsection (b).
       (7) Recyclable material.--The term ``recyclable material'' 
     means obsolete, previously used, off-specification, surplus, 
     or incidentally produced material for processing into a 
     specification-grade commodity for which a market exists.
       (8) Transfer station.--The term ``transfer station'' means 
     a facility that--
       (A) receives and consolidates recyclable material from 
     curbside recycling or drop-off facilities; and
       (B) loads the recyclable material onto tractor trailers, 
     railcars, or barges for transport to a distant materials 
     recovery facility or another recycling-related facility.
       (9) Underserved community.--The term ``underserved 
     community'' means a community, including an unincorporated 
     area, without access to full recycling services because--
       (A) transportation, distance, or other reasons render 
     utilization of available processing capacity at an existing 
     materials recovery facility cost prohibitive; or
       (B) the processing capacity of an existing materials 
     recovery facility is insufficient to manage the volume of 
     recyclable materials produced by that community.
       (b) Establishment.--Not later than 18 months after the date 
     of enactment of this Act, the Administrator shall establish a 
     pilot grant program, to be known as the ``Recycling 
     Infrastructure and Accessibility Program'', to award grants, 
     on a competitive basis, to eligible entities to improve 
     recycling accessibility in a community or communities within 
     the same geographic area.
       (c) Goal.--The goal of the pilot grant program is to fund 
     eligible projects that will significantly improve 
     accessibility to recycling systems through investments in 
     infrastructure in underserved communities through the use of 
     a hub-and-spoke model for recycling infrastructure 
     development.
       (d) Applications.--To be eligible to receive a grant under 
     the pilot grant program, an eligible entity shall submit to 
     the Administrator an application at such time, in such 
     manner, and containing such information as the Administrator 
     may require.
       (e) Considerations.--In selecting eligible entities to 
     receive a grant under the pilot grant program, the 
     Administrator shall consider--
       (1) whether the community or communities in which the 
     eligible entity is seeking to carry out a proposed project 
     has curbside recycling;
       (2) whether the proposed project of the eligible entity 
     will improve accessibility to recycling services in a single 
     underserved community or multiple underserved communities; 
     and
       (3) if the eligible entity is a public-private partnership, 
     the financial health of the private entity seeking to enter 
     into that public-private partnership.
       (f) Priority.--In selecting eligible entities to receive a 
     grant under the pilot grant program, the Administrator shall 
     give priority to eligible entities seeking to carry out a 
     proposed project in a community in which there is not more 
     than 1 materials recovery facility within a 75-mile radius of 
     that community.
       (g) Use of Funds.--An eligible entity awarded a grant under 
     the pilot grant program may use the grant funds for projects 
     to improve recycling accessibility in communities, including 
     in underserved communities, by--
       (1) increasing the number of transfer stations;
       (2) expanding curbside recycling collection programs where 
     appropriate; and
       (3) leveraging public-private partnerships to reduce the 
     costs associated with collecting and transporting recyclable 
     materials in underserved communities.
       (h) Prohibition on Use of Funds.--An eligible entity 
     awarded a grant under the pilot grant program may not use the 
     grant funds for projects relating to recycling education 
     programs.
       (i) Minimum and Maximum Grant Amount.--A grant awarded to 
     an eligible entity under the pilot grant program shall be in 
     an amount--
       (1) not less than $500,000; and
       (2) not more than $15,000,000.
       (j) Set-Aside.--The Administrator shall set aside not less 
     than 70 percent of the amounts made available to carry out 
     the pilot grant program for each fiscal year to award grants 
     to eligible entities to carry out a proposed project or 
     program in a single underserved community or multiple 
     underserved communities.
       (k) Federal Share.--
       (1) In general.--Subject to paragraph (2), the Federal 
     share of the cost of a project or program carried out by an 
     eligible entity using grant funds shall be not more than 90 
     percent.
       (2) Waiver.--The Administrator may waive the Federal share 
     requirement under paragraph (1) if the Administrator 
     determines that an eligible entity would experience 
     significant financial hardship as a result of that 
     requirement.
       (l) Report.--Not later than 2 years after the date on which 
     the first grant is awarded under the pilot grant program, the 
     Administrator shall submit to Congress a report describing 
     the implementation of the pilot grant program, which shall 
     include--
       (1) a list of eligible entities that have received a grant 
     under the pilot grant program;
       (2) the actions taken by each eligible entity that received 
     a grant under the pilot grant program to improve recycling 
     accessibility with grant funds; and
       (3) to the extent information is available, a description 
     of how grant funds received under the pilot grant program 
     improved recycling rates in each community in which a project 
     or program was carried out under the pilot grant program.

[[Page S2385]]

       (m) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Administrator to carry out the pilot grant program 
     $30,000,000 for each of fiscal years 2023 through 2027, to 
     remain available until expended.
       (2) Administrative costs and technical assistance.--Of the 
     amounts made available under paragraph (1), the Administrator 
     may use up to 5 percent--
       (A) for administrative costs relating to carrying out the 
     pilot grant program; and
       (B) to provide technical assistance to eligible entities 
     applying for a grant under the pilot grant program.
                                 ______
                                 
  SA 187. Mr. LEE (for himself and Ms. Hirono) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to 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; which was 
ordered to lie on the table; as follows:

        At the end of subtitle A of title X, add the following:

     SEC. 1005. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD 
                   BUREAU AS REIMBURSEMENT FROM STATES.

       Section 710 of title 32, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(g) Treatment of Reimbursed Funds.--Any funds received by 
     the National Guard Bureau from a State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands as reimbursement under this section for the use of 
     military property shall be credited to--
       ``(1) the appropriation, fund, or account used in incurring 
     the obligation; or
       ``(2) an appropriate appropriation, fund, or account 
     currently available for the purposes for which the 
     expenditures were made.''.
                                 ______
                                 
  SA 188. Mr. CRUZ (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. __. 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.
                                 ______
                                 
  SA 189. Mr. DURBIN (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the end of subtitle E of title I, add the following:

     SEC. 144. SENSE OF THE SENATE ON USE OF TOTAL COST OF 
                   OWNERSHIP MODEL FOR PROCUREMENT OF NONTACTICAL 
                   VEHICLES.

       (a) Findings.--Congress finds the following:
       (1) It is financially prudent for the Department of Defense 
     to procure cost-effective zero-emission vehicles by 
     considering the total cost of ownership (referred to in this 
     section as ``TCO'') of such vehicles.
       (2) A TCO procurement model would account for operating 
     costs of vehicles, including fuel, maintenance, and public 
     health savings.
       (3) Use of a TCO procurement model by the Department of 
     Defense in the procurement of nontactical vehicles would 
     maximize cost savings and bolster energy and national 
     security.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Department of Defense should calculate and consider 
     the TCO when procuring a nontactical vehicle; and
       (2) the Department of Defense, when conducting any action 
     with the Government Services Administration relating to the 
     procurement or requisition of a nontactical vehicle, should--
       (A) work with the Department of Energy to develop a TCO 
     procurement model that uses State-wide, regional, and 
     inventory variables to estimate the cost of converting the 
     nontactical vehicle fleet of the Department of Defense to 
     zero-emission vehicles;
       (B) submit to Congress a report summarizing such 
     procurement or requisition that, at a minimum, identifies--
       (i) types of vehicles by--

       (I) size; and
       (II) fuel source; and

       (ii) the total estimated cost savings and avoided emissions 
     that result or would have resulted from the purchase or lease 
     of a zero-emission vehicle instead of an internal combustion 
     engine vehicle;
       (C) incorporate the TCO procurement model developed under 
     subparagraph (A) into any such procurement or requisition 
     action; and
       (D) authorize any exemptions from use of the TCO 
     procurement model developed under subparagraph (A) as the 
     Secretary of Defense considers appropriate, including by--
       (i) authorizing exemptions for certain categories of 
     vehicles, including emergency vehicles or other nontactical 
     vehicles as determined by the Secretary, when a vehicle type 
     is not available for the needed application;
       (ii) authorizing exemptions upon finding that a zero-
     emission vehicle is not a practicable alternative to an 
     internal combustion engine vehicle for a particular use, or 
     for some other compelling reason; and
       (iii) developing guidance regarding procedures for 
     requesting such exemptions, including the criteria for 
     evaluating such exemption requests, which should be published 
     on the website of the Department of Defense and given a 30-
     day period for public review and comment before the 
     Department adopts or revises such guidance.
                                 ______
                                 
  SA 190. Mr. DURBIN submitted an amendment intended to be proposed by

[[Page S2386]]

him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10___. DEPARTMENT OF ENERGY CENTER OF EXCELLENCE FOR 
                   ASSESSING PERFLUOROALKYL AND POLYFLUOROALKYL 
                   SUBSTANCES IN WATER SOURCES AND PERFLUOROALKYL 
                   AND POLYFLUOROALKYL SUBSTANCE REMEDIATION 
                   SOLUTIONS.

       (a) Purpose.--The purpose of this section is to dedicate 
     resources to advancing, and expanding access to, 
     perfluoroalkyl and polyfluoroalkyl substance detection and 
     remediation science, research, and technologies through a 
     Center of Excellence for Assessing Perfluoroalkyl and 
     Polyfluoroalkyl Substances in Water Sources and 
     Perfluoroalkyl and Polyfluoroalkyl Substance Remediation 
     Solutions.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional defense committees (as defined in 
     section 101(a) of title 10, United States Code);
       (B) the Committee on Energy and Natural Resources, the 
     Committee on Environment and Public Works, and the Committee 
     on Veterans' Affairs of the Senate; and
       (C) the Committee on Energy and Commerce, the Committee on 
     Natural Resources, the Committee on Science, Space, and 
     Technology, and the Committee on Veterans' Affairs of the 
     House of Representatives.
       (2) Center.--The term ``Center'' means the Center of 
     Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl 
     Substances in Water Sources and Perfluoroalkyl and 
     Polyfluoroalkyl Substance Remediation Solutions established 
     under subsection (c).
       (3) Eligible research university.--The term ``eligible 
     research university'' means an institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))) that--
       (A) has annual research expenditures of not less than 
     $750,000,000; and
       (B) is located near a population center of not fewer than 
     5,000,000 individuals.
       (4) EPA method 533.--The term ``EPA Method 533'' means the 
     method described in the document of the Environmental 
     Protection Agency entitled ``Method 533: Determination of 
     Per- and Polyfluoroalkyl Substances in Drinking Water by 
     Isotope Dilution Anion Exchange Solid Phase Extraction and 
     Liquid Chromatography/Tandem mass Spectrometry'' (or a 
     successor document).
       (5) EPA method 537.1.--The term ``EPA Method 537.1'' means 
     the method described in the document of the Environmental 
     Protection Agency entitled ``Determination of Selected Per- 
     and Polyfluorinated Alkyl Substances in Drinking Water by 
     Solid Phase Extraction and Liquid Chromatography/Tandem Mass 
     Spectrometry (LC/MS/MS)'' (or a successor document).
       (6) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (c) Establishment.--
       (1) In general.--The Secretary shall--
       (A) select from among the applications submitted under 
     paragraph (2) an eligible research university and a National 
     Laboratory applying jointly for the establishment of a 
     center, to be known as the ``Center of Excellence for 
     Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in 
     Water Sources and Perfluoroalkyl and Polyfluoroalkyl 
     Substance Remediation Solutions'', which shall be a bi-
     institutional collaboration between the eligible research 
     university and National Laboratory co-applicants; and
       (B) guide and assist the eligible research university and 
     National Laboratory in the establishment of the Center.
       (2) Applications.--
       (A) In general.--An eligible research university and 
     National Laboratory desiring to establish the Center shall 
     jointly submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require.
       (B) Criteria.--In evaluating applications submitted under 
     subparagraph (A), the Secretary shall only consider 
     applications that--
       (i) include evidence of an existing partnership between the 
     co-applicants that is dedicated to supporting and expanding 
     shared scientific goals with a clear pathway to collaborating 
     on furthering science and research relating to perfluoroalkyl 
     and polyfluoroalkyl substances;
       (ii) demonstrate a history of collaboration between the co-
     applicants on the advancement of shared research 
     capabilities, including instrumentation and research 
     infrastructure relating to perfluoroalkyl and polyfluoroalkyl 
     substances;
       (iii) indicate that the co-applicants have the capacity to 
     expand education and research opportunities for undergraduate 
     and graduate students to prepare a generation of experts in 
     sciences relating to perfluoroalkyl and polyfluoroalkyl 
     substances;
       (iv) demonstrate that the National Laboratory co-applicant 
     is equipped to scale up newly discovered materials and 
     methods for perfluoroalkyl and polyfluoroalkyl substance 
     detection and perfluoroalkyl and polyfluoroalkyl substance 
     removal processes for low-risk, cost-effective, and validated 
     commercialization; and
       (v) identify 1 or more staff members of the eligible 
     research university co-applicant and 1 or more staff members 
     of the National Laboratory co-applicant who--

       (I) have expertise in sciences relevant to perfluoroalkyl 
     or polyfluoroalkyl substance detection and remediation; and
       (II) have been jointly selected, and will be jointly 
     appointed, by the co-applicants to lead, and carry out the 
     purposes of, the Center.

       (3) Timing.--
       (A) In general.--Subject to subparagraph (B), the Center 
     shall be established not later than 1 year after the date of 
     enactment of this Act.
       (B) Delay.--If the Secretary determines that a delay in the 
     establishment of the Center is necessary, the Secretary--
       (i) not later than the date described in subparagraph (A), 
     shall submit a notification to the appropriate committees of 
     Congress explaining the necessity of the delay; and
       (ii) shall ensure that the Center is established not later 
     than 3 years after the date of enactment of this Act.
       (4) Requirement.--The Secretary shall carry out 
     subparagraphs (A) and (B) of paragraph (1)--
       (A) in coordination with the Administrator of the 
     Environmental Protection Agency, as the Secretary determines 
     to be appropriate; and
       (B) in consultation with the Strategic Environmental 
     Research and Development Program and the Environmental 
     Security Technology Certification Program of the Department 
     of Defense.
       (d) Duties and Capabilities of the Center.--
       (1) In general.--The Center shall develop and maintain--
       (A) capabilities for measuring, using methods certified by 
     the Environmental Protection Agency, perfluoroalkyl and 
     polyfluoroalkyl substance contamination in drinking water, 
     ground water, and any other relevant environmental, 
     municipal, industrial, or residential water samples; and
       (B) capabilities for--
       (i) evaluating emerging perfluoroalkyl and polyfluoroalkyl 
     substance removal and destruction technologies and methods; 
     and
       (ii) benchmarking those technologies and methods relative 
     to existing technologies and methods.
       (2) Requirements.--
       (A) In general.--In carrying out paragraph (1), the Center 
     shall, at a minimum--
       (i) develop instruments and personnel capable of analyzing 
     perfluoroalkyl and polyfluoroalkyl substance contamination in 
     water using EPA method 533, EPA method 537.1, or other 
     relevant methods for detecting perfluoroalkyl and 
     polyfluoroalkyl substances in water;
       (ii) develop and maintain capabilities for evaluating the 
     removal of perfluoroalkyl and polyfluoroalkyl substances from 
     water using newly developed adsorbents or membranes;
       (iii) develop and maintain capabilities to evaluate the 
     degradation of perfluoroalkyl and polyfluoroalkyl substances 
     in water or other media;
       (iv) make the capabilities and instruments developed under 
     clauses (i) through (iii) available to researchers throughout 
     the region in which the Center is located; and
       (v) make reliable perfluoroalkyl and polyfluoroalkyl 
     substance measurement capabilities and instruments available 
     to municipalities and individuals in the region in which the 
     Center is located at reasonable cost.
       (B) Open-access research.--The Center shall provide open 
     access to the research findings of the Center.
       (e) Coordination With Other Federal Agencies.--The 
     Secretary may, as the Secretary determines to be necessary, 
     use staff and other resources from other Federal agencies in 
     carrying out this section.
       (f) Reports.--
       (1) Report on establishment of center.--Not later than 1 
     year after the date on which the Center is established under 
     subsection (c), the Secretary, in coordination with the 
     Center, shall submit to the appropriate committees of 
     Congress a report describing--
       (A) the establishment of the Center; and
       (B) the activities of the Center since the date on which 
     the Center was established.
       (2) Annual reports.--Not later than 1 year after the date 
     on which the report under paragraph (1) is submitted, and 
     annually thereafter until the date on which the Center is 
     terminated under subsection (g), the Secretary, in 
     coordination with the Center, shall submit to the appropriate 
     committees of Congress a report describing--
       (A) the activities of the Center during the year covered by 
     the report; and
       (B) any policy, research, or funding recommendations 
     relating to the purposes or activities of the Center.
       (g) Termination.--
       (1) In general.--Subject to paragraph (2), the Center shall 
     terminate on October 1, 2033.
       (2) Extension.--If the Secretary, in consultation with the 
     Center, determines that

[[Page S2387]]

     the continued operation of the Center beyond the date 
     described in paragraph (1) is necessary to advance science 
     and technologies to address perfluoroalkyl or polyfluoroalkyl 
     substance contamination--
       (A) the Secretary shall submit to the appropriate 
     committees of Congress--
       (i) a notification of that determination; and
       (ii) a description of the funding necessary for the Center 
     to continue in operation and fulfill its purpose; and
       (B) subject to the availability of funds, may extend the 
     duration of the Center for such time as the Secretary 
     determines to be appropriate.
       (h) Funding.--
       (1) In general.--Of the amounts authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2024 by this Act, $15,000,000 shall be made available to the 
     Secretary to carry out this section, to remain available 
     until September 30, 2033.
       (2) Administrative costs.--Not more than 4 percent of the 
     amounts made available to the Secretary under paragraph (1) 
     shall be used by the Secretary for the administrative costs 
     of carrying out this section.
                                 ______
                                 
  SA 191. Mr. MANCHIN (for himself, Mr. Barrasso, and Ms. Hirono) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 12___. 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.

       (a) Findings.--Congress finds that--
       (1) in 1947, the United Nations entrusted the United States 
     with the defense and security of the region that now 
     comprises--
       (A) the Republic of Palau;
       (B) the Federated States of Micronesia; and
       (C) the Republic of the Marshall Islands;
       (2) in 1983, the United States signed Compacts of Free 
     Association with the Federated States of Micronesia and the 
     Republic of the Marshall Islands;
       (3) in 1985, the United States signed a Compact of Free 
     Association with the Republic of Palau;
       (4) in 1986, Congress--
       (A) enacted the Compact of Free Association Act of 1985 (48 
     U.S.C. 1901 note; Public Law 99-239), which approved the 
     Compacts of Free Association with the Federated States of 
     Micronesia and the Republic of the Marshall Islands; and
       (B) enacted Public Law 99-658 (48 U.S.C. 1931 note), which 
     approved the Compact of Free Association with the Republic of 
     Palau;
       (5) in 2003, Congress enacted the Compact of Free 
     Association Amendments Act of 2003 (48 U.S.C. 1921 note; 
     Public Law 108-188), which approved and renewed the Compacts 
     of Free Association with the Federated States of Micronesia 
     and the Republic of the Marshall Islands;
       (6) in 2010, the United States and the Republic of Palau 
     agreed to terms for renewing the Compact of Free Association 
     with the Republic of Palau in the Palau Compact Review 
     Agreement, which was approved by Congress in section 1259C of 
     the National Defense Authorization Act for Fiscal Year 2018 
     (48 U.S.C. 1931 note; Public Law 115-91);
       (7) on January 11, 2023, the United States signed a 
     Memorandum of Understanding with the Republic of the Marshall 
     Islands on funding priorities for the Compact of Free 
     Association with the Republic of the Marshall Islands;
       (8) on May 22, 2023, the United States signed the U.S.-
     Palau 2023 Agreement, following the Compact of Free 
     Association Section 432 Review;
       (9) on May 23, 2023, the United States signed 3 agreements 
     relating to the U.S.-FSM Compact of Free Association, which 
     included--
       (A) an Agreement to Amend the Compact, as amended;
       (B) a new fiscal procedures agreement; and
       (C) a new trust fund agreement; and
       (10) the United States is undergoing negotiations relating 
     to the Compact of Free Association with the Republic of the 
     Marshall Islands.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress--
       (1) acknowledges that the close alliance of the United 
     States with the Republic of Palau, the Federated States of 
     Micronesia, and the Republic of the Marshall Islands is vital 
     to international peace and security in the Indo-Pacific 
     region;
       (2) supports the Compacts of Free Association with the 
     Republic of Palau, the Federated States of Micronesia, and 
     the Republic of the Marshall Islands, since the Compacts of 
     Free Association form the political, economic, and security 
     architecture that bolsters and sustains security and drives 
     regional development and the prosperity of the larger Indo-
     Pacific community of nations;
       (3) recognizes that--
       (A) certain provisions of the current Compacts of Free 
     Association with the Federated States of Micronesia and the 
     Republic of the Marshall Islands expire on September 30, 
     2023; and
       (B) certain provisions of the Compact of Free Association 
     with the Republic of Palau expire on September 30, 2024;
       (4) affirms that it is in the national interest of the 
     United States to successfully renegotiate and renew the 
     Compacts of Free Association with the Republic of Palau, the 
     Federated States of Micronesia, and the Republic of the 
     Marshall Islands; and
       (5) understands that Congress must enact legislation to 
     approve amended Compacts of Free Association with the 
     Republic of Palau, the Federated States of Micronesia, and 
     the Republic of the Marshall Islands.
                                 ______
                                 
  SA 192. Mr. DURBIN (for himself, Mr. Murphy, and Mr. Merkley) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1299L. DISBURSEMENT OF FOREIGN MILITARY FINANCING FUNDS 
                   FOR EGYPT TO FOREIGN MILITARY SALES TRUST FUND.

       Notwithstanding any other provision of law, funds 
     appropriated pursuant to the Foreign Military Financing 
     Program for assistance for Egypt for fiscal years 2023 and 
     2024 shall be disbursed to the Foreign Military Sales Trust 
     Fund.
                                 ______
                                 
  SA 193. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

            Subtitle H--Crimes Against Humanity and Torture

     SEC. 1091. ACCOUNTABILITY FOR CRIMES AGAINST HUMANITY.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 25 the following:

                 ``CHAPTER 25A--CRIMES AGAINST HUMANITY

``Sec.
``515. Crimes against humanity.

     ``Sec. 515. Crimes against humanity

       ``(a) Offense.--It shall be unlawful for any person to 
     commit, or attempt or conspire to commit, as part of a 
     widespread or systematic attack directed against any civilian 
     population, and with knowledge of the attack or with intent 
     that the conduct be part of the attack--
       ``(1) conduct that, if it occurred in the United States or 
     in the special maritime and territorial jurisdiction of the 
     United States, would violate--
       ``(A) section 1581(a) (relating to peonage);
       ``(B) section 1583(a)(1) (relating to kidnapping or 
     carrying away individuals for involuntary servitude or 
     slavery);
       ``(C) section 1584(a) (relating to sale into involuntary 
     servitude);
       ``(D) section 1589(a) (relating to forced labor);
       ``(E) section 1590(a) (relating to trafficking with respect 
     to peonage, slavery, involuntary servitude, or forced labor);
       ``(F) section 1111 (relating to murder);
       ``(G) section 1591(a) (relating to sex trafficking of 
     children or by force, fraud, or coercion);
       ``(H) section 2241 (relating to aggravated sexual abuse by 
     force, threat, or other means);
       ``(I) section 2242 (relating to sexual abuse);
       ``(J) section 1201(a)(relating to kidnapping), without 
     regard to whether the offender is the parent of the victim;
       ``(K) section 1203(a) (relating to hostage taking), 
     notwithstanding any exception under subsection (b) of that 
     section; or
       ``(L) section 2340A (relating to torture), whether or not 
     committed under the color of law; or
       ``(2) conduct that would, regardless of whether the conduct 
     occurred in the context of an armed conflict, constitute--
       ``(A) cruel or inhuman treatment, as described in section 
     2441(d)(1)(B);
       ``(B) performing biological experiments, as described in 
     section 2441(d)(1)(C);
       ``(C) mutilation or maiming, as described in section 
     2441(d)(1)(E); or
       ``(D) intentionally causing serious bodily injury, as 
     described in section 2441(d)(1)(F).
       ``(b) Penalty.--Any person who violates subsection (a)--
       ``(1) shall be fined under this title, imprisoned not more 
     than 20 years, or both; and
       ``(2) if the death of any person results, shall be fined 
     under this title and imprisoned for any term of years or for 
     life.
       ``(c) Jurisdiction.--There is jurisdiction over an offense 
     under subsection (a) if--

[[Page S2388]]

       ``(1) the offense occurs in whole or in part within the 
     United States; or
       ``(2) regardless of where the offense occurs--
       ``(A) the victim or alleged offender is--
       ``(i) a national of the United States or an alien lawfully 
     admitted for permanent residence, regardless of--

       ``(I) nationality at the time of the alleged offense;
       ``(II) whether the alleged offender had been granted that 
     status at the time of the alleged offense; and
       ``(III) whether the alleged offender was entitled to that 
     status; or

       ``(ii) a member of the Armed Forces of the United States, 
     regardless of nationality; or
       ``(B) the alleged offender is present in the United States, 
     regardless of the nationality of the victim or alleged 
     offender.
       ``(d) Nonapplicability of Certain Limitations.--
     Notwithstanding section 3282, in the case of an offense under 
     this section, an indictment may be found or an information 
     may be instituted at any time without limitation.
       ``(e) Certification Requirement.--
       ``(1) In general.--No prosecution for an offense described 
     in subsection (a) shall be undertaken by the United States 
     except on written certification of the Attorney General, the 
     Deputy Attorney General, or an Assistant Attorney General, 
     which function of approving prosecutions may not be 
     delegated, that a prosecution by the United States is in the 
     public interest and necessary to secure substantial justice.
       ``(2) Offender present in united states.--For an offense 
     for which jurisdiction exists under subsection (c)(2)(B) (and 
     does not exist under any other provision of subsection (c)), 
     the written certification required under paragraph (1) of 
     this subsection that a prosecution by the United States is in 
     the public interest and necessary to secure substantial 
     justice shall be made by the Attorney General or the Deputy 
     Attorney General, which function may not be delegated. In 
     issuing such certification, the same official shall weigh and 
     consider, among other relevant factors--
       ``(A) whether the alleged offender can be removed from the 
     United States for purposes of prosecution in another 
     jurisdiction; and
       ``(B) potential adverse consequences for nationals, 
     servicemembers, or employees of the United States.
       ``(f) Input From Other Agency Heads.--The Secretary of 
     Defense and Secretary of State may submit to the Attorney 
     General for consideration their views generally regarding 
     potential benefits, or potential adverse consequences for 
     nationals, servicemembers, or employees of the United States, 
     of prosecutions of offenses for which jurisdiction exists 
     under subsection (c)(2)(B).
       ``(g) No Judicial Review.--Certifications under subsection 
     (e) and input from other agency heads under subsection (f) 
     are not subject to judicial review.
       ``(h) No Limitation on Conduct in Accordance With the Law 
     of War.--Nothing in this section shall be construed to 
     penalize conduct--
       ``(1) to which the law of war applies;
       ``(2) that is undertaken during and in the context of an 
     armed conflict; and
       ``(3) that is not prohibited by the law of war.
       ``(i) Rules of Construction.--Nothing in this section shall 
     be construed as--
       ``(1) support for ratification of or accession to the Rome 
     Statute of the International Criminal Court, which entered 
     into force on July 1, 2002; or
       ``(2) consent by the United States to any assertion or 
     exercise of jurisdiction by any international, hybrid, or 
     foreign court.
       ``(j) Definitions.--In this section:
       ``(1) Alien; lawfully admitted for permanent residence; 
     national of the united states.--The terms `alien', `lawfully 
     admitted for permanent residence', and `national of the 
     United States' have the meanings given those terms in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(2) Armed force or group.--The term `armed force or 
     group'--
       ``(A) means any military, militia, paramilitary, security 
     force, or similar organization or group that takes up arms, 
     whether or not the entity is state-sponsored; and
       ``(B) does not include any group assembled for the purpose 
     of nonviolent association.
       ``(3) Intentionally targets any civilian population as 
     such.--The term `intentionally targets any civilian 
     population as such' does not include conduct undertaken 
     during and in the context of an armed conflict that results 
     in death, damage, or injury incident to a lawful attack 
     targeting a military objective.
       ``(4) Widespread or systematic attack directed against any 
     civilian population.--The term `widespread or systematic 
     attack directed against any civilian population' means a 
     course of conduct that--
       ``(A) involves the multiple commission of acts referred to 
     in subsection (a);
       ``(B) intentionally targets any civilian population as 
     such; and
       ``(C) is pursuant to or in furtherance of a policy, plan, 
     or program of a state or armed force or group to commit acts 
     described in subparagraph (A).''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 25 the following:

``25A. Crimes against humanity...............................515''.....

     SEC. 1092. TORTURE OF A UNITED STATES NATIONAL.

       Section 2340A(b)(1) of title 18, United States Code, is 
     amended by inserting ``or victim'' after ``offender''.
                                 ______
                                 
  SA 194. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1083. RETROACTIVE FOREIGN AGENTS REGISTRATION.

       (a) Short Title.--This section may be cited as the 
     ``Retroactive Foreign Agents Registration Act''.
       (b) Clarifying Obligation to Register Retroactively as 
     Agents of Foreign Principals.--
       (1) Obligation.--The third sentence of section 2(a) of the 
     Foreign Agents Registration Act of 1938, as amended (22 
     U.S.C. 612(a)) is amended by striking ``for the period'' and 
     inserting ``covering the period''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to any individual who serves as the 
     agent of a foreign principal under the Foreign Agents 
     Registration Act of 1938, as amended, at any time before, on, 
     or after the date of enactment of this Act.
       (c) Permitting Order Requiring Compliance to Apply 
     Retroactively.--
       (1) Retroactive compliance.--Section 8(f) of the Foreign 
     Agents Registration Act of 1938, as amended (22 U.S.C. 
     618(f)) is amended--
       (A) by inserting after the first sentence the following: 
     ``The Attorney General may make application for an order 
     requiring a person to comply with any appropriate provision 
     of this Act or any regulation thereunder while the person 
     acts as an agent of a foreign principal or at any time 
     thereafter.''; and
       (B) by striking the period at the end and inserting the 
     following: ``, including an order requiring a person to 
     comply with section 2 with respect to any period during which 
     the person acts as the agent of a foreign principal 
     notwithstanding that the person does not act as the agent of 
     a foreign principal at the time the court issues the 
     order.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply with respect to any individual who serves as the 
     agent of a foreign principal under the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) 
     at any time before, on, or after the date of enactment of 
     this Act.
                                 ______
                                 
  SA 195. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. FACILITATING REVIEW BY THE SENATE OF CLASSIFIED 
                   DOCUMENTATION.

       (a) Facilitation Required.--
       (1) In general.--The Director of National Intelligence 
     shall facilitate the review of classified documentation when 
     requested to do so by any Senator.
       (2) Period of facilitation.--The Director shall facilitate 
     for a Senator a review under paragraph (1) not later than 15 
     days after the date on which the review is requested by the 
     Senator.
       (b) Fair Treatment.--Notwithstanding any other provision of 
     law, whenever the Director facilitates the review of 
     classified documentation for one Senator, the Director shall 
     facilitate the review of that documentation for any other 
     Senator who requests such documentation.
                                 ______
                                 
  SA 196. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EX OFFICIO MEMBERS OF SELECT COMMITTEE ON 
                   INTELLIGENCE OF THE SENATE.

       (a) In General.--
       (1) Membership.--Section 2(a)(3) of Senate Resolution 400 
     (94th Congress), agreed to May 19, 1976, is amended to read 
     as follows:
       ``(3) Each Member of the Senate (if not already a member of 
     the select committee) shall be an ex officio member of the 
     select committee but shall have no vote in the select 
     committee and shall not be counted for purposes of 
     determining a quorum.''.

[[Page S2389]]

       (2) Conforming amendment.--Rule XXV of the Standing Rules 
     of the Senate is amended--
       (A) in paragraph 3 (b), in the item relating to the Select 
     Committee on Intelligence, by striking ``19'' and inserting 
     ``100''; and
       (B) in paragraph 4 (a)(2), by striking ``each Senator'' and 
     all that follows, and inserting ``a Senator may not serve on 
     both the Special Committee on Aging and the Joint Economic 
     Committee.''.
       (b) Rulemaking.--Subsection (a) is enacted--
       (1) as an exercise of the rulemaking power of the Senate 
     and as such it is deemed a part of the rules of the Senate 
     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 
     the Senate to change the rules (so far as relating to the 
     procedure of the Senate) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of the 
     Senate.
                                 ______
                                 
  SA 197. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1240A. POINT OF ORDER AGAINST RESOLUTION ADVISING AND 
                   CONSENTING TO THE RATIFICATION OF A TREATY OR 
                   OTHER AGREEMENT TO ADMIT UKRAINE TO THE NORTH 
                   ATLANTIC TREATY ORGANIZATION.

       It shall not be in order in the Senate to proceed to the 
     consideration of any resolution advising and consenting to 
     the ratification of a treaty or other agreement to admit 
     Ukraine to the North Atlantic Treaty Organization until the 
     Secretary of State and the Secretary of Defense certify to 
     Congress that Ukraine has settled any international dispute 
     in which they are involved by peaceful means consistent with 
     the 1995 Study on NATO Enlargement conducted by the North 
     Atlantic Treaty Organization.
                                 ______
                                 
  SA 198. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XII, add the following:

     SEC. 1259. RULE OF CONSTRUCTION REGARDING THE TAIWAN 
                   RELATIONS ACT AND THE POWER OF CONGRESS TO 
                   DECLARE WAR.

       Nothing in the Taiwan Relations Act (22 U.S.C. 3301 et 
     seq.) supersedes the power of Congress to declare war under 
     article I, section 8 of the Constitution of the United 
     States.
                                 ______
                                 
  SA 199. Mr. WARNOCK submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

    DIVISION _____ FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS

     SEC. ___01. SHORT TITLE.

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

     SEC. ___02. 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).''.

     SEC. ___03. 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.
                                 ______
                                 
  SA 200. Mr. WARNOCK submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle A of title VI, add the following:

     SEC. 612. INCREASE IN BASIC ALLOWANCE FOR HOUSING INSIDE THE 
                   UNITED STATES FOR MEMBERS OF THE UNIFORMED 
                   SERVICES.

       Paragraph (3) of section 403(b) of title 37, United States 
     Code, is amended to read as follows:
       ``(3) The monthly amount of the basic allowance for housing 
     for an area of the United States for a member of a uniformed 
     service shall be the amount of the monthly cost of adequate 
     housing in that area, as determined by the Secretary of 
     Defense, for members of the uniformed services serving in the 
     same pay grade and with the same dependency status as the 
     member.''.
                                 ______
                                 
  SA 201. Mr. SCHMITT submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title I, insert the following:

     SEC. __. SENSE OF SENATE ON PROCUREMENT OF OUTSTANDING F/A-18 
                   SUPER HORNET PLATFORMS.

       (a) Findings.--Congress finds that Congress appropriated 
     funds for twelve F/A-18 Super Hornet platforms in fiscal year 
     2022 and eight F/A-18 Super Hornet platforms in fiscal year 
     2023, but the Navy has yet to enter into any contracts for 
     the procurement of such platforms.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Secretary of the Navy should expeditiously enter 
     into contractual agreements to procure the twenty F/A-18 
     Super Hornet platforms for which funds have been 
     appropriated; and
       (2) the Senate urges the Secretary of the Navy to comply 
     with congressional intent and applicable law with appropriate 
     expediency to bolster the Navy's fleet of strike fighter 
     aircraft and avoid further disruption to the defense 
     industrial base.
                                 ______
                                 
  SA 202. Mr. SCHMITT submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. __. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO 
                   CENSORSHIP OR BLACKLISTING OF NEWS SOURCES 
                   BASED ON SUBJECTIVE CRITERIA OR POLITICAL 
                   BIASES.

       (a) Prohibition on Availability of Funds.--None of the 
     funds authorized to be appropriated by this Act or otherwise 
     made available for any fiscal year for the Department of 
     Defense may be obligated or expended to--

[[Page S2390]]

       (1) enter into any contract or other agreement with any 
     entity described in subsection (b) or with any advertising or 
     marketing agency that uses the functions described in 
     subsection (b)(4) of such an entity; or
       (2) provide any form of support to an entity described in 
     subsection (b).
       (b) Entities Described.--The entities described in this 
     subsection are the following:
       (1) NewsGuard Technologies Inc., or any company owned or 
     controlled by such entity.
       (2) The Global Disinformation Index, incorporated in the 
     United Kingdom as ``Disinformation Index LTD''.
       (3) Graphika Technologies Inc. or any company owned or 
     controlled by such entity.
       (4) Any other entity the function of which is to advise the 
     censorship or blacklisting of news sources based on 
     subjective criteria or political biases, under the stated 
     function of ``fact checking'' or otherwise removing 
     ``misinformation''.
       (c) Certification Requirement.--Prior to the Secretary of 
     Defense entering into any contract or other agreement (or 
     extending, renewing, or otherwise modifying an existing 
     contract or other agreement) with an entity for the purpose 
     of that entity implementing military recruitment 
     advertisements on behalf of the Department of Defense, the 
     Secretary shall require, as a condition of such contract or 
     agreement, that the entity certify to the Secretary that the 
     entity is in compliance with subsection (a).
                                 ______
                                 
  SA 203. Mr. WARNOCK submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title III, insert the 
     following:

     SEC. 3__. REPORT ON INITIATIVES OF DEPARTMENT OF DEFENSE TO 
                   SOURCE LOCALLY AND REGIONALLY PRODUCED FOODS 
                   FOR INSTALLATIONS OF THE DEPARTMENT.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the appropriate committees of 
     Congress a report detailing--
       (1) current procurement practices of the Department of 
     Defense regarding food for consumption or distribution on 
     installations of the Department;
       (2) efforts by the Department to establish and strengthen 
     ``farm to base'' initiatives to source locally and regionally 
     produced foods, including seafood, for consumption or 
     distribution at installations of the Department;
       (3) efforts by the Department of Defense to collaborate 
     with relevant Federal agencies, including the Department of 
     Veterans Affairs, the Department of Agriculture, and the 
     Department of Commerce, to procure locally and regionally 
     produced foods;
       (4) opportunities where procurement of locally and 
     regionally produced foods would be beneficial to members of 
     the Armed Forces, their families, military readiness by 
     improving health outcomes, and farmers near installations of 
     the Department of Defense;
       (5) barriers currently preventing the Department from 
     increasing procurement of locally and regionally produced 
     foods or preventing producers from partnering with nearby 
     installations of the Department; and
       (6) recommendations for how the Department can improve 
     procurement practices to increase offerings of locally and 
     regionally produced foods.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Committee on 
     Agriculture, Nutrition, and Forestry of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Natural Resources, and the Committee on Agriculture of the 
     House of Representatives.
                                 ______
                                 
  SA 204. Mr. WARNOCK submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XII, insert the 
     following:

     SEC. _____. JUSTICE FOR UNITED STATES VICTIMS OF STATE 
                   SPONSORED TERRORISM.

       Subsection (d)(4)(D)(iv)(IV) of the Justice for United 
     States Victims of State Sponsored Terrorism Act (34 U.S.C. 
     20144(d)(4)(D)(iv)(IV)) is amended--
       (1) by redesignating item (bb) as item (dd);
       (2) by inserting after item (aa) the following:
       ``(bb) Iran hostages.--There are authorized to be 
     appropriated and there are appropriated to the Fund such sums 
     as are necessary to make lump sum payments for amounts 
     outstanding and unpaid on claims under subparagraphs (B) and 
     (C) of subsection (c)(2).
       ``(cc) Limitation.--Amounts appropriated pursuant to item 
     (bb) may not be used for a purpose other than to make lump 
     sum payments under this clause.'';
       (3) in item (cc), as so redesignated, by inserting ``item 
     (bb) or'' before ``sublcauses''; and
       (4) in item (aa), by striking ``disperses'' and inserting 
     ``disburses''.
                                 ______
                                 
  SA 205. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. __. 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.
                                 ______
                                 
  SA 206. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. 6__. IMPROVEMENTS TO FINANCIAL LITERACY TRAINING.

       (a) In General.--Subsection (a) of section 992 of title 10, 
     United States Code, is amended--
       (1) in paragraph (2)(C), by striking ``grade E-4'' and 
     inserting ``grade E-6'';
       (2) by adding at the end the following new paragraph:
       ``(5) In carrying out the program to provide training under 
     this subsection, the Secretary concerned shall--
       ``(A) require the development of a standard curriculum 
     across all military departments for such training that--
       ``(i) focuses on ensuring that members of the armed forces 
     who receive such training develop proficiency in financial 
     literacy rather than focusing on completion of training 
     modules;
       ``(ii) is based on best practices in the financial services 
     industry, such as the use of a social learning approach and 
     the incorporation of elements of behavioral economics or 
     gamification; and
       ``(iii) is designed to address the needs of members and 
     their families;
       ``(B) ensure that such training--
       ``(i) is conducted by a financial services counselor who is 
     qualified as described in paragraph (3) of subsection (b) or 
     by other means as described in paragraph (2)(A)(ii) of that 
     subsection;
       ``(ii) is provided, to the extent practicable--
       ``(I) in a class held in person with fewer than 50 
     attendees; or
       ``(II) one-on-one between the member and a financial 
     services counselor or a qualified representative described in 
     subclause (III) or (IV) of subsection (b)(2)(A)(ii); and
       ``(iii) is provided using computer-based methods only if 
     methods described in clause (ii) are impractical or 
     unavailable;
       ``(C) ensure that--
       ``(i) an in-person class described in subparagraph 
     (B)(i)(I) is available to the spouse of a member; and
       ``(ii) if a spouse of a member is unable to attend such a 
     class in person--
       ``(I) training is available to the spouse through Military 
     OneSource; and
       ``(II) the member is informed during the in-person training 
     of the member under subparagraph (B)(i) with respect to how 
     the member's spouse can access the training;
       ``(D) ensure that such training, and all documents and 
     materials provided in relation to such training, are 
     presented or written in manner that the Secretary determines 
     can be understood by the average enlisted member.''.
       (b) Qualified Representatives for Counseling for Members 
     and Spouses.--Subsection (b)(2)(A)(ii) of such section is 
     amended by adding at the end the following:
       ``(IV) Through qualified representatives of banks or credit 
     unions operating on military installations pursuant to an 
     operating agreement with the Department of Defense or a 
     military department.''.
       (c) Provision of Retirement Information.--Such section is 
     further amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):

[[Page S2391]]

       ``(d) Provision of Retirement Information.--In each 
     training under subsection (a) and in each meeting to provide 
     counseling under subsection (b), a member of the armed forces 
     shall be provided with--
       ``(1) all forms relating to retirement that are relevant to 
     the member, including with respect to the Thrift Savings 
     Plan;
       ``(2) information with respect to how to find additional 
     information; and
       ``(3) contact information for counselors provided through--
       ``(A) the Personal Financial Counselor program, the 
     Personal Financial Management program, or Military OneSource; 
     or
       ``(B) nonprofit organizations or agencies that have in 
     effect agreements with the Department of Defense to provide 
     financial services counseling.''.
       (d) Advisory Council on Financial Readiness.--Such section 
     is further amended by inserting after subsection (e), as 
     redesignated by subsection (c)(1), the following new 
     subsection:
       ``(f) Advisory Council on Financial Readiness.--
       ``(1) Establishment.--There is established an Advisory 
     Council on Financial Readiness (in this section referred to 
     as the `Council').
       ``(2) Membership.--
       ``(A) In general.--The Council shall consist of 12 members 
     appointed by the Secretary of Defense, as follows:
       ``(i) Three shall be representatives of military support 
     organizations.
       ``(ii) Three shall be representatives of veterans service 
     organizations.
       ``(iii) Three shall be representatives of private, 
     nonprofit organizations with a vested interest in education 
     and communication of financial education and financial 
     services.
       ``(iv) Three shall be representatives of governmental 
     entities with a vested interest in education and 
     communication of financial education and financial services.
       ``(B) Qualifications.--The Secretary shall appoint members 
     to the Council from among individuals qualified to appraise 
     military compensation, military retirement, and financial 
     literacy training.
       ``(C) Terms.--Members of the Council shall serve for terms 
     of three years, except that, of the members first appointed--
       ``(i) four shall be appointed for terms of one year;
       ``(ii) four shall be appointed for terms of two years; and
       ``(iii) four shall be appointed for terms of three years.
       ``(D) Reappointment.--A member of the Council may be 
     reappointed for additional terms.
       ``(E) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term of office for 
     which such member's predecessor was appointed shall be 
     appointed only for the remainder of such term.
       ``(3) Duties and functions.--The Council shall--
       ``(A) advise the Secretary with respect to matters relating 
     to the financial literacy and financial readiness of members 
     of the armed forces; and
       ``(B) submit to the Secretary recommendations with respect 
     to those matters.
       ``(4) Meetings.--
       ``(A) In general.--The Council shall meet not less 
     frequently than twice each year and at such other times as 
     the Secretary requests.
       ``(B) Quorum.--A majority of members shall constitute a 
     quorum and action shall be taken only by a majority vote of 
     the members present and voting.
       ``(5) Support services.--The Secretary--
       ``(A) shall provide to the Council an executive secretary 
     and such secretarial, clerical, and other support services as 
     the Council considers necessary to carry out the duties of 
     the Council; and
       ``(B) may request that other Federal agencies provide 
     statistical data, reports, and other information that is 
     reasonably accessible to assist the Council in the 
     performance of the duties of the Council.
       ``(6) Compensation.--While away from their homes or regular 
     places of business in the performance of services for the 
     Council, members of the Council shall be allowed travel 
     expenses, including per diem in lieu of subsistence, in the 
     same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5.
       ``(7) Annual report.--Not less frequently than annually, 
     the Secretary shall submit to Congress a report that--
       ``(A) describes each recommendation received from the 
     Council during the preceding year; and
       ``(B) includes a statement, with respect to each such 
     recommendation, of whether the Secretary has implemented the 
     recommendation and, if not, a description of why the 
     Secretary has not implemented the recommendation.
       ``(8) Termination.--Section 1013 of title 5 (relating to 
     termination) shall not apply to the Council.
       ``(9) Definitions.--In this subsection:
       ``(A) Military support organization.--The term `military 
     support organization' means an organization that provides 
     support to members of the armed forces and their families 
     with respect to education, finances, health care, employment, 
     and overall well-being.
       ``(B) Veterans service organization.--The term `veterans 
     service organization' means any organization recognized by 
     the Secretary for the representation of veterans under 
     section 5902 of title 38.''.
       (e) Report on Effectiveness of Financial Services 
     Counseling.--Not later than 3 years after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees (as defined in 
     section 101 of title 10, United States Code) a report on 
     financial literacy training and financial services counseling 
     provided under section 992 of title 10, United States Code, 
     as amended by this section, that assesses--
       (1) the effectiveness of such training and counseling, 
     which shall be determined using actual localized data similar 
     to the Unit Risk Inventory Survey of the Army; and
       (2) whether additional training or counseling is necessary 
     for enlisted members of the Armed Forces or for officers.
       (f) Regulations.--The Secretary of Defense may prescribe 
     such regulations as are necessary to carry out the amendments 
     made by this section.
                                 ______
                                 
  SA 207. Mr. DURBIN (for himself, Mr. Ossoff, and Mr. Welch) submitted 
an amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place- in title X, insert the following:

     SEC. ___. TERMINATION OF AUTHORIZATIONS FOR THE USE OF 
                   MILITARY FORCE AND DECLARATIONS OF WAR.

       (a) Future Authorizations for the Use of Military Force and 
     Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted into law after 
     the date of the enactment of this Act shall terminate on the 
     date that is 10 years after the date of the enactment of such 
     authorization or declaration.
       (b) Existing Authorizations for the Use of Military Force 
     and Declarations of War.--Any authorization for the use of 
     military force or declaration of war enacted before the date 
     of the enactment of this Act shall terminate on the date that 
     is 6 months after the date of such enactment.
                                 ______
                                 
  SA 208. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title VI, add the following:

     SEC. 633. VERIFICATION OF THE FINANCIAL INDEPENDENCE OF 
                   FINANCIAL SERVICES COUNSELORS IN THE DEPARTMENT 
                   OF DEFENSE.

       (a) Verification of Financial Independence.--Section 992(b) 
     of title 10, United States Code, is amended--
       (1) in paragraph (2)(A)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii)--
       (i) by striking ``may'' and inserting ``shall'';
       (ii) by striking ``installation by any means elected by the 
     Secretary from among the following:'' and inserting 
     ``installation--'';
       (iii) in subclause (I)--

       (I) by striking ``Through'' and inserting ``through''; and
       (II) by striking ``Defense.'' and inserting ``Defense;'';

       (iv) in subclause (II)--

       (I) by striking ``By contract'' and inserting ``by 
     contract''; and
       (II) by striking ``Internet.'' and inserting ``Internet; 
     or''; and

       (v) in subclause (III)--

       (I) by striking ``Through'' and inserting ``through''; and
       (II) by striking ``counseling.'' and inserting 
     ``counseling; and''; and

       (C) by adding at the end the following new clause:
       ``(iii) may not provide financial services through any 
     individual unless such individual agrees to submit financial 
     disclosures annually to the Secretary.'';
       (2) in paragraph (2)(B), by striking ``installation by any 
     of the means set forth in subparagraph (A)(ii), as elected by 
     the Secretary concerned.'' and inserting ``installation in 
     accordance with the requirements established under clauses 
     (ii) and (iii) of subparagraph (A).''; and
       (3) in paragraph (4)--
       (A) by inserting ``(A)'' before ``The Secretary''; and
       (B) by inserting at the end the following new 
     subparagraphs:
       ``(B) In carrying out the requirements of subparagraph (A), 
     the Secretary concerned shall establish a requirement that 
     each financial services counselor under paragraph (2)(A)(i), 
     and any other individual providing counseling on financial 
     services under paragraph (2), submit financial disclosures 
     annually to the Secretary.
       ``(C) The Secretary concerned shall review all financial 
     disclosures submitted pursuant

[[Page S2392]]

     to subparagraph (B) to ensure the counselor, or the 
     individual providing counseling, is free from conflict as 
     required under this paragraph.
       ``(D) If the Secretary concerned determines that a 
     financial services counselor under paragraph (2)(A)(i), or 
     any other individual providing counseling on financial 
     services under paragraph (2), is not free from conflict as 
     required under this paragraph, the Secretary shall ensure 
     that the counselor, or the individual providing counseling, 
     does not provide such services until such time as the 
     Secretary determines that such conflict is resolved.''.
       (b) Report on Financial Independence.--Not later than 180 
     days after the date of the enactment of this Act, and 
     annually thereafter, each Secretary concerned shall submit to 
     Congress a report on the percentage of financial services 
     counselors under paragraph (2)(A)(i) of section 992(b) of 
     title 10, United States Code (as amended by subsection (a)), 
     and other individuals providing counseling on financial 
     services under paragraph (2) of such section (as amended by 
     subsection (a)), whom the Secretary determined to be free 
     from conflicts as required under paragraph (4) of such 
     section (as amended by subsection (a)).
       (c) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' has the meaning given to such term in 
     section 101 of title 10, United States Code.
                                 ______
                                 
  SA 209. Mrs. FEINSTEIN (for herself and Mr. Kaine) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. LIMITATIONS ON EXCEPTING POSITIONS FROM COMPETITIVE 
                   SERVICE AND TRANSFERRING POSITIONS.

       (a) Definitions.--In this section--
       (1) the term ``agency'' means any department, agency, or 
     instrumentality of the Federal Government;
       (2) the term ``competitive service'' has the meaning given 
     the term in section 2102 of title 5, United States Code;
       (3) the term ``Director'' means the Director of the Office 
     of Personnel Management; and
       (4) the term ``excepted service'' has the meaning given the 
     term in section 2103 of title 5, United States Code.
       (b) Limitations.--A position in the competitive service may 
     not be excepted from the competitive service unless that 
     position is placed--
       (1) in any of schedules A through E, as described in 
     section 6.2 of title 5, Code of Federal Regulations, as in 
     effect on September 30, 2020; and
       (2) under the terms and conditions under part 6 of title 5, 
     Code of Federal Regulations, as in effect on September 30, 
     2020.
       (c) Transfers.--
       (1) Within excepted service.--A position in the excepted 
     service may not be transferred to any schedule other than a 
     schedule described in subsection (b)(1).
       (2) OPM consent required.--An agency may not transfer any 
     occupied position from the competitive service or the 
     excepted service into schedule C of subpart C of part 213 of 
     title 5, Code of Federal Regulations, or any successor 
     regulations, without the prior consent of the Director.
       (3) Limit during presidential term.--During any 4-year 
     presidential term, an agency may not transfer from a position 
     in the competitive service to a position in the excepted 
     service the greater of the following:
       (A) A total number of employees that is more than 1 percent 
     of the total number of employees employed by that agency, as 
     of the first day of that presidential term.
       (B) 5 employees.
       (4) Employee consent required.--Notwithstanding any other 
     provision of this section--
       (A) an employee who occupies a position in the excepted 
     service may not be transferred to an excepted service 
     schedule other than the schedule in which that position is 
     located without the prior written consent of the employee; 
     and
       (B) an employee who occupies a position in the competitive 
     service may not be transferred to the excepted service 
     without the prior written consent of the employee.
       (d) Other Matters.--
       (1) Application.--Notwithstanding section 7425(b) of title 
     38, United States Code, this section shall apply to a 
     position under chapter 73 or 74 of that title.
       (2) Report.--Not later than March 15 of each calendar year, 
     the Director shall submit to Congress a report on the 
     immediately preceding calendar year that lists--
       (A) each position that, during the year covered by the 
     report, was transferred from the competitive service to the 
     excepted service and a justification as to why each such 
     position was so transferred; and
       (B) any violation of this section that occurred during the 
     year covered by the report.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall issue regulations 
     to implement this section.
                                 ______
                                 
  SA 210. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of division A, add the following:

TITLE XVIII--ENERGY SECURITY COOPERATION WITH ALLIED PARTNERS IN EUROPE 
                              ACT OF 2023

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Energy Security 
     Cooperation with Allied Partners in Europe Act of 2023''.

     SEC. 1802. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to reduce the dependency of allies and partners of the 
     United States on Russian energy resources, especially natural 
     gas, in order for those countries to achieve lasting and 
     dependable energy security;
       (2) to condemn the Government of the Russian Federation 
     for, and to deter that government from, using its energy 
     resources as a geopolitical weapon to coerce, intimidate, and 
     influence other countries;
       (3) to improve energy security in Europe by increasing 
     access to diverse, reliable, and affordable energy;
       (4) to promote energy security in Europe by working with 
     the European Union and other allies of the United States to 
     develop liberalized energy markets that provide diversified 
     energy sources, suppliers, and routes;
       (5) to continue to strongly oppose the Nord Stream 2 
     pipeline based on its detrimental effects on the energy 
     security of the European Union and the economy of Ukraine and 
     other countries in Central Europe through which natural gas 
     is transported; and
       (6) to support countries that are allies or partners of the 
     United States by expediting the export of energy resources 
     from the United States.

     SEC. 1803. NORTH ATLANTIC TREATY ORGANIZATION.

       The President should direct the United States Permanent 
     Representative on the Council of the North Atlantic Treaty 
     Organization (in this title referred to as ``NATO'') to use 
     the voice and influence of the United States to encourage 
     NATO member countries to work together to achieve energy 
     security for those countries and countries in Europe and 
     Eurasia that are partners of NATO.

     SEC. 1804. TRANSATLANTIC ENERGY STRATEGY.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States and other NATO member countries should 
     explore ways to ensure that NATO member countries diversify 
     their energy supplies and routes in order to enhance their 
     energy security, including through the development of a 
     transatlantic energy strategy.
       (b) Transatlantic Energy Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development and the Secretary of 
     Energy, shall submit to the appropriate congressional 
     committees a transatlantic energy strategy for the United 
     States--
       (A) to enhance the energy security of NATO member countries 
     and countries that are partners of NATO; and
       (B) to increase exports of energy from the United States to 
     such countries.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 1805. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS 
                   TO UNITED STATES ALLIES.

       (a) In General.--Section 3(c) of the Natural Gas Act (15 
     U.S.C. 717b(c)) is amended--
       (1) by inserting ``(1)'' before ``For purposes'';
       (2) by striking ``nation with which there is in effect a 
     free trade agreement requiring national treatment for trade 
     in natural gas'' and inserting ``foreign country described in 
     paragraph (2)''; and
       (3) by adding at the end the following:
       ``(2) A foreign country described in this paragraph is--
       ``(A) a nation with which there is in effect a free trade 
     agreement requiring national treatment for trade in natural 
     gas;
       ``(B) a member country of the North Atlantic Treaty 
     Organization;
       ``(C) subject to paragraph (3), Japan; and
       ``(D) any other foreign country if the Secretary of State, 
     in consultation with the Secretary of Defense, determines 
     that exportation of natural gas to that foreign country would 
     promote the national security interests of the United States.
       ``(3) The exportation of natural gas to Japan shall be 
     deemed to be consistent with the public interest pursuant to 
     paragraph (1), and applications for such exportation shall be 
     granted without modification or delay under that paragraph, 
     during only such period as the Treaty of Mutual Cooperation 
     and Security, signed at Washington January 19, 1960, and 
     entered into force June 23, 1960

[[Page S2393]]

     (11 UST 1632; TIAS 4509), between the United States and 
     Japan, remains in effect.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to applications for the 
     authorization to export natural gas under section 3 of the 
     Natural Gas Act (15 U.S.C. 717b) that are pending on, or 
     filed on or after, the date of the enactment of this Act.

     SEC. 1806. MANDATORY SANCTIONS WITH RESPECT TO THE 
                   DEVELOPMENT OF PIPELINES IN THE RUSSIAN 
                   FEDERATION.

       (a) In General.--The President shall impose five or more of 
     the sanctions described in section 235 of the Countering 
     America's Adversaries Through Sanctions Act (22 U.S.C. 9529) 
     with respect to a person if the President determines that the 
     person knowingly, on or after the date of the enactment of 
     this Act, makes an investment described in subsection (b) or 
     sells, leases, or provides to the Government of the Russian 
     Federation, or to any entity owned or controlled by that 
     government, for the construction of Russian energy export 
     pipelines, goods, services, technology, information, or 
     support described in subsection (c)--
       (1) any of which has a fair market value of $1,000,000 or 
     more; or
       (2) that, during a 12-month period, have an aggregate fair 
     market value of $5,000,000 or more.
       (b) Investment Described.--An investment described in this 
     subsection is any contribution of assets, including a loan 
     guarantee or any other transfer of value, that directly and 
     significantly contributes to the enhancement of the ability 
     of the Government of the Russian Federation, or any entity 
     owned or controlled by that government, to construct energy 
     export pipelines.
       (c) Goods, Services, Technology, Information, or Support 
     Described.--Goods, services, technology, information, or 
     support described in this subsection are goods, services, 
     technology, information, or support that could directly and 
     significantly facilitate the maintenance or expansion of the 
     construction, modernization, or repair of energy export 
     pipelines by the Government of the Russian Federation or any 
     entity owned or controlled by that government.
       (d) Presidential Waiver Authority and Notice to Congress.--
       (1) Presidential waiver authority.--The President may waive 
     the application of sanctions under this section if the 
     President determines that it is in the national security 
     interests of the United States to waive such sanctions.
       (2) Notice to congress.--Not less than 15 days before 
     taking action to waive the application of sanctions under 
     paragraph (1), the President shall submit to the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives a notification of, 
     and written justification for, the action.
       (e) Exception for Importation of Goods.--
       (1) In general.--The authority to impose sanctions under 
     subsection (a) shall not include the authority to impose 
     sanctions with respect to the importation of goods.
       (2) Good defined.--In this subsection, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
                                 ______
                                 
  SA 211. Mr. KENNEDY (for himself and Mr. Van Hollen) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DISCLOSURES BY DIRECTORS, OFFICERS, AND PRINCIPAL 
                   STOCKHOLDERS.

       (a) In General.--Section 16(a)(1) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78p(a)(1)) is amended by 
     inserting ``(including any such security of a foreign private 
     issuer, as that term is defined in section 240.3b-4 of title 
     17, Code of Federal Regulations, or any successor 
     regulation)'' after ``pursuant to section 12''.
       (b) Effect on Regulation.--If any provision of section 
     240.3a12-3(b) of title 17, Code of Federal Regulations, or 
     any successor regulation, is inconsistent with the amendment 
     made by subsection (a), that provision of such section 
     240.3a12-3(b) (or such successor) shall have no force or 
     effect.
       (c) Issuance or Amendment of Regulations.--Not later than 
     90 days after the date of enactment of this Act, the 
     Securities and Exchange Commission shall issue final 
     regulations (or amend existing regulations of the Commission) 
     to carry out the amendment made by subsection (a).
                                 ______
                                 
  SA 212. Mr. CRAMER (for himself and Ms. Warren) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. BANK SERVICE COMPANY EXAMINATION COORDINATION.

       (a) Bank Service Company Act Improvements.--The Bank 
     Service Company Act (12 U.S.C. 1861 et seq.) is amended--
       (1) in section 1(b) (12 U.S.C. 1861(b))--
       (A) by redesignating paragraphs (2) through (9) as 
     paragraphs (3) through (10), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) the term `State banking agency' has the meaning given 
     the term `State bank supervisor' in section 3 of the Federal 
     Deposit Insurance Act (12 U.S.C. 1813);'';
       (2) in section 5(a) (12 U.S.C. 1865(a)), by inserting ``, 
     in consultation with the State banking agency,'' after 
     ``agency''; and
       (3) in section 7 (12 U.S.C. 1867)--
       (A) in subsection (a)--
       (i) in the first sentence, by inserting ``or State banking 
     agency'' after ``agency''; and
       (ii) in the second sentence, by inserting ``or State 
     banking agency'' before ``that'';
       (B) in subsection (c)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``or a State banking agency'' after ``banking agency''; and
       (ii) by striking ``such agency'' each place such term 
     appears and inserting ``such Federal or State agency'';
       (C) by redesignating subsection (d) as subsection (f);
       (D) by inserting after subsection (c) the following:
       ``(d) Availability of Information.--Information obtained 
     pursuant to the regulation and examination of service 
     providers under this section or applicable State law may be 
     furnished by and accessible to Federal and State agencies to 
     the same extent that supervisory information concerning 
     depository institutions is authorized to be furnished to and 
     required to be accessible by Federal and State agencies under 
     section 7(a)(2) of the Federal Deposit Insurance Act (12 
     U.S.C. 1817(a)(2)) or State law, as applicable.
       ``(e) Coordination With State Banking Agencies.--If a State 
     bank is principal shareholder, principal member, shareholder, 
     or member of a bank service company, the appropriate Federal 
     banking agency, in carrying out examinations authorized by 
     this section, shall--
       ``(1) provide reasonable and timely notice to the State 
     banking agency; and
       ``(2) to the fullest extent possible, coordinate and avoid 
     duplication of examination activities, reporting 
     requirements, and requests for information.'';
       (E) in subsection (f), as so redesignated, by inserting ``, 
     in consultation with State banking agencies,'' after 
     ``agencies''; and
       (F) by adding at the end the following:
       ``(g) Rule of Construction.--Nothing in this section shall 
     be construed as granting authority for a State banking agency 
     to examine a bank service company if no such authority exists 
     in State law.''.
       (b) Determination of Budgetary Effects.--The budgetary 
     effects of this section, for the purpose 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, submitted for 
     printing in the Congressional Record by the Chairman of the 
     House Budget Committee, provided that such statement has been 
     submitted prior to the vote on passage.
                                 ______
                                 
  SA 213. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. REPORT ON DEPARTMENT OF DEFENSE SECURITY CLEARANCE 
                   PROCESS UPDATES.

       (a) Study Required.--No later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on the status of the updates the 
     Secretary is carrying out to the security clearance process 
     and the methods the Secretary is pursuing to ensure the 
     security clearance process of the Department of Defense 
     continues to protect national security.
       (b) Contents.--The report submitted pursuant to subsection 
     (a) shall include the following:
       (1) A review of the last 10 years of cases of those who 
     held security clearances granted by the Department that were 
     ultimately charged with terrorism, espionage, 
     counterintelligence, or other related crimes.
       (2) A review of any existing internal processes applicable 
     to the suspension of security clearances for those 
     individuals.
       (3) Any policy that may address revocation of clearances of 
     individuals who are found to pose a threat to other members 
     of the Armed Forces or to national security after their 
     clearance process has been adjudicated.

[[Page S2394]]

       (4) A review of the processes of the Department to support 
     the transition to the continuous vetting system and status of 
     the transition.
       (5) Recommendations on enhancing existing security review 
     processes and recommendations for future new processes to 
     address any gaps identified and lessons learned from the 
     review.
       (c) Form and Public Availability.--The report submitted 
     pursuant to subsection (a) shall be--
       (1) submitted to Congress under such subsection in 
     classified form and detailing relevant case information; and
       (2) revised to redact classified information and made 
     available to the public on a website of the Department.
                                 ______
                                 
  SA 214. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle F of title V, add the following:

     SEC. 565. FULL-TIME TELEWORK FOR CERTAIN MILITARY SPOUSES 
                   EMPLOYED BY THE DEPARTMENT OF DEFENSE.

       (a) In General.--Not later than 30 calendar days after 
     receiving a request from a covered individual under this 
     section, the Secretary of Defense shall--
       (1) authorize such covered individual to work 100 percent 
     remotely if the Secretary determines that the duties of such 
     covered individual do not require the presence of the covered 
     individual in the workplace; or
       (2) in the case of a covered individual who does not 
     receive authorization under paragraph (1)--
       (A) reassign the covered individual to a position in the 
     Department at the new permanent duty location of the spouse 
     of such covered individual; or
       (B) grant the covered individual terminal leave without pay 
     for the greater of--
       (i) the duration of the service of the spouse of the 
     covered individual at such permanent duty location; or
       (ii) the period of 36 consecutive months following the 
     permanent change of station.
       (b) Definition.--In this section, the term ``covered 
     individual'' means an individual--
       (1) who is the spouse of a member of the Armed Forces;
       (2) who is employed by the Department of Defense; and
       (3) who relocates because such member receives a permanent 
     change of station.
                                 ______
                                 
  SA 215. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title V, add the following:

     SEC. 584. REPORTS ON CERTAIN OUT-OF-CYCLE AND PREMATURE 
                   PERSONNEL TRANSFERS.

       (a) In General.--Not later than December 1, 2025, and each 
     December 1 thereafter, the Secretary of Defense shall submit 
     to the congressional defense committees, and any other 
     committee of Congress the Secretary considers appropriate, a 
     report detailing the number and nature of out-of-cycle or 
     premature personnel transfers carried out during the 
     preceding fiscal year for individuals described in subsection 
     (b) as a result of such individuals, or the dependents of 
     such individuals, being affected by--
       (1) sexual assault;
       (2) sexual harassment;
       (3) humanitarian or compassionate requests;
       (4) discrimination, harassment, bullying, reprisals, or 
     threats based on the race, color, national origin, religion, 
     sex (including gender identity), or sexual orientation of 
     such individuals or dependents;
       (5) medical issues, including lack of access to care for 
     such individuals or dependents at their current duty 
     location; or
       (6) child custody arrangements.
       (b) Individual Described.--An individual described in this 
     subsection is an individual who is--
       (1) a member of the armed forces on active duty;
       (2) a member of the armed forces in a reserve component;
       (3) a member of the National Guard; or
       (4) a civilian employee of the Department of Defense.
       (c) Elements.--Each report required by subsection (a) shall 
     include the following for the preceding fiscal year:
       (1) The total number of personnel transfers for each reason 
     described in paragraphs (1) through (6) of subsection (a).
       (2) Demographic information of each individual involved in 
     such a transfer, including the age, gender, and military rank 
     or civilian pay grade of the individual.
       (3) An analysis of the geographic distribution of such 
     transfers.
       (4) For each such transfer, the branch or component of the 
     Department of Defense to which the individual concerned was 
     transferred.
       (5) A description of any trend or pattern identified in the 
     data, including recurring issues or areas of concern.
       (6) An estimate of the total cost of such transfers.
       (d) Form.--Each report required by subsection (a) shall be 
     submitted in unclassified form but may include a classified 
     annex, as necessary to protect sensitive information.
       (e) Privacy.--To ensure the privacy of military personnel, 
     personally identifiable information shall not be included in 
     any report under this section.
       (f) Public Availability.--The Secretary shall make each 
     report required by subsection (a) available to the public on 
     the internet website of the Department of Defense.
       (g) Definitions.--In this section:
       (1) Out-of-cycle or premature.--With respect to a personnel 
     transfer, the term ``out-of-cycle or premature'' means an 
     assignment action taken in advance of the originally 
     scheduled or anticipated rotation date of the personnel 
     concerned.
       (2) Personnel transfer.--The term ``personnel transfer'' 
     includes a permanent change of duty station, temporary duty 
     assignment, reassignment, permanent change of assignment, and 
     any other movement of military personnel within the 
     Department of Defense.
                                 ______
                                 
  SA 216. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 10____. SANTA MONICA MOUNTAINS NATIONAL RECREATION AREA 
                   BOUNDARY ADJUSTMENT.

       (a) Boundary Adjustment.--Section 507(c) of the National 
     Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)) is 
     amended by striking paragraph (1) and inserting the 
     following:
       ``(1) Boundary.--
       ``(A) In general.--The recreation area shall consist of--
       ``(i) the land, water, and interests in land and water 
     generally depicted as the recreation area on the map entitled 
     `Santa Monica Mountains National Recreation Area and Santa 
     Monica Mountains Zone, California, Boundary Map', numbered 
     80,047-C, and dated August 2001; and
       ``(ii) the land, water, and interests in land and water, as 
     generally depicted as `Proposed Addition' on the map entitled 
     `Rim of the Valley Unit--Santa Monica Mountains National 
     Recreation Area', numbered 638/147,723, and dated April 2023.
       ``(B) Availability of maps.--The maps described in 
     subparagraph (A) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       ``(C) Revisions.--After advising the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Natural Resources of the House of Representatives, in 
     writing, of the proposed revision, the Secretary may make 
     minor revisions to the boundaries of the recreation area by 
     publication of a revised drawing or other boundary 
     description in the Federal Register.''.
       (b) Administration.--Any land or interest in land acquired 
     by the Secretary of the Interior within the Rim of the Valley 
     Unit shall be administered as part of the Santa Monica 
     Mountains National Recreation Area (referred to in this 
     section as the ``National Recreation Area'') in accordance 
     with the laws (including regulations) applicable to the 
     National Recreation Area.
       (c) Utilities and Water Resource Facilities.--The addition 
     of the Rim of the Valley Unit to the National Recreation Area 
     shall not affect the operation, maintenance, or modification 
     of water resource facilities or public utilities within the 
     Rim of the Valley Unit, except that any utility or water 
     resource facility activities in the Rim of the Valley Unit 
     shall be conducted in a manner that reasonably avoids or 
     reduces the impact of the activities on resources of the Rim 
     of the Valley Unit.
                                 ______
                                 
  SA 217. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12___. GLOBAL ELECTORAL EXCHANGE PROGRAM.

       (a) Short Title.--This section may be cited as the ``Global 
     Electoral Exchange Act''.

[[Page S2395]]

       (b) Sense of Congress.--It is the sense of Congress that--
       (1) recent elections globally have illustrated the urgent 
     need for the promotion and exchange of international best 
     election practices, particularly in the areas of 
     cybersecurity, results transmission, transparency of 
     electoral data, election dispute resolution, and the 
     elimination of discriminatory registration practices and 
     other electoral irregularities;
       (2) the advancement of democracy worldwide promotes United 
     States interests, as stable democracies provide new market 
     opportunities, improve global health outcomes, and promote 
     economic freedom and regional security;
       (3) credible elections are the cornerstone of a healthy 
     democracy and enable all persons to exercise their basic 
     human right to have a say in how they are governed;
       (4) inclusive elections strengthen the credibility and 
     stability of democracies more broadly;
       (5) at the heart of a strong election cycle is the 
     professionalism of the election management body and an 
     empowered civil society;
       (6) the development of local expertise via peer-to-peer 
     learning and exchanges promotes the independence of such 
     bodies from internal and external influence; and
       (7) supporting the efforts of peoples in democratizing 
     societies to build more representative governments in their 
     respective countries is in the national interest of the 
     United States.
       (c) Establishment.--The Secretary of State is authorized to 
     establish and administer a Global Electoral Exchange Program 
     (referred to in this section as the ``Program'') to promote 
     the utilization of sound election administration practices 
     around the world.
       (d) Purpose.--The purpose of the Program shall include the 
     promotion and exchange of international best election 
     practices, including in the areas of--
       (1) cybersecurity;
       (2) the protection of election systems against influence 
     campaigns;
       (3) results transmission;
       (4) transparency of electoral data;
       (5) election dispute resolution;
       (6) the elimination of discriminatory registration 
     practices and electoral irregularities;
       (7) inclusive and equitable promotion of candidate 
     participation;
       (8) equitable access to polling places, voter education 
     information, and voting mechanisms (including by persons with 
     disabilities); and
       (9) other sound election administration practices.
       (e) Exchange of Electoral Authorities.--
       (1) In general.--The Secretary of State, in consultation, 
     as appropriate, with the Administrator of the United States 
     Agency for International Development, may award grants to any 
     United States-based organization that--
       (A) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code;
       (B) has experience in, and a primary focus on, foreign 
     comparative election systems or subject matter expertise in 
     the administration or integrity of such systems; and
       (C) submits an application in such form, and satisfying 
     such requirements, as the Secretary may require.
       (2) Types of grants.--An organization described in 
     paragraph (1) may receive a grant under this subsection to 
     design and implement programs that--
       (A) bring to the United States election administrators and 
     officials, including government officials, poll workers, 
     civil society representatives, members of the judiciary, and 
     others who participate in the organization and administration 
     of public elections in a foreign country that faces 
     challenges to its electoral process to study election 
     procedures in the United States for educational purposes; or
       (B) take election administrators and officials of the 
     United States or of another country, including government 
     officials, poll workers, civil society representatives, 
     members of the judiciary, and others who participate in the 
     organization and administration of public elections to 
     another country to study and discuss election procedures in 
     such country for educational purposes.
       (3) Limits on activities.--Activities administered under 
     the Program may not--
       (A) include observation of an election for the purposes of 
     assessing the validity or legitimacy of that election;
       (B) facilitate any advocacy for a certain electoral result 
     by a grantee when participating in the Program; or
       (C) be carried out without proper consultation with State 
     and local authorities in the United States that administer 
     elections.
       (4) Sense of congress.--It is the sense of Congress that 
     the Secretary of State should establish and maintain a 
     network of Global Electoral Exchange Program alumni, to 
     promote communication and further exchange of information 
     regarding sound election administration practices among 
     current and former Program participants.
       (5) Limitation.--A recipient of a grant under the Program 
     may only use such grant for the purpose for which such grant 
     was awarded, unless otherwise authorized by the Secretary of 
     State.
       (6) Nonduplicative.--Grants made under this subsection may 
     not be duplicative of any other grants made under any other 
     provision of law for similar or related purposes.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2024 through 2028 to carry out this section.
       (g) Congressional Oversight.--Not later than 1 year after 
     the date of the enactment of this Act and annually thereafter 
     for the following 2 years, the Secretary of State shall 
     provide a briefing to the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives regarding the status of any activities 
     carried out under this section during the preceding year, 
     including--
       (1) a summary of all exchanges conducted under the Program, 
     including information regarding grantees, participants, and 
     the locations where program activities were held;
       (2) a description of the criteria used to select grantees 
     under the Program; and
       (3) recommendations for the improvement of the Program in 
     furtherance of the purpose specified in subsection (d).
                                 ______
                                 
  SA 218. Ms. KLOBUCHAR (for herself and Mr. Cruz) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1083. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.

       (a) Definitions.--In this section:
       (1) Applicable legislative officers.--The term ``applicable 
     legislative officers'' means--
       (A) with respect to a Member of the Senate, the Sergeant at 
     Arms and Doorkeeper of the Senate and the Secretary of the 
     Senate, acting jointly; and
       (B) with respect to a Member of, or Delegate or Resident 
     Commissioner to, the House of Representatives, the Sergeant 
     at Arms of the House of Representatives and the Chief 
     Administrative Officer of the House of Representatives, 
     acting jointly.
       (2) At-risk individual.--The term ``at-risk individual'' 
     means--
       (A) a Member of Congress;
       (B) any individual who is the spouse, parent, sibling, or 
     child of an individual described in subparagraph (A);
       (C) any individual to whom an individual described in 
     subparagraph (A) stands in loco parentis;
       (D) any other individual living in the household of an 
     individual described in subparagraph (A);
       (E) any employee whose pay is disbursed by the Secretary of 
     the Senate who is identified by the Director of Senate 
     Security as the target of an ongoing threat; or
       (F) any employee whose pay is disbursed by the Chief 
     Administrative Officer of the House of Representatives who is 
     identified by the Director of the Office of House Security as 
     the target of an ongoing threat.
       (3) Covered information.--The term ``covered information'' 
     means--
       (A) a home address, including a primary residence or 
     secondary residences;
       (B) a home or personal mobile telephone number;
       (C) a personal email address;
       (D) a social security number or driver's license number;
       (E) a bank account or credit or debit card number;
       (F) a license plate number or other unique identifier of a 
     vehicle owned, leased, or regularly used by an at-risk 
     individual;
       (G) the identification of a child, who is under 18 years of 
     age, of an at-risk individual;
       (H) information regarding schedules of school or day care 
     attendance or routes taken to or from the school or day care 
     by an at-risk individual;
       (I) information regarding routes taken to or from an 
     employment location by an at-risk individual; or
       (J) precise geolocation data that is not anonymized and can 
     identify the location of a device of an at-risk individual.
       (4) Data broker.--
       (A) In general.--The term ``data broker'' means a 
     commercial entity engaged in collecting, assembling, or 
     maintaining personal information concerning an individual who 
     is not a customer, client, or an employee of that entity in 
     order to sell the information or otherwise profit from 
     providing third-party access to the information.
       (B) Exclusion.--The term ``data broker'' does not include a 
     commercial entity engaged in the following activities:
       (i) Engaging in reporting, news-gathering, speaking, or 
     other activities intended to inform the public on matters of 
     public interest or public concern.
       (ii) Providing 411 directory assistance or directory 
     information services, including name, address, and telephone 
     number, on behalf of or as a function of a telecommunications 
     carrier.
       (iii) Using personal information internally, providing 
     access to businesses under common ownership or affiliated by 
     corporate control, or selling or providing data for a

[[Page S2396]]

     transaction or service requested by or concerning the 
     individual whose personal information is being transferred.
       (iv) Providing publicly available information via real-time 
     or near-real-time alert services for health or safety 
     purposes.
       (v) A consumer reporting agency subject to the Fair Credit 
     Reporting Act (15 U.S.C. 1681 et seq.).
       (vi) A financial institution subject to the Gramm-Leach-
     Bliley Act (Public Law 106-102) and regulations implementing 
     that Act.
       (vii) A covered entity for purposes of the privacy 
     regulations promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note).
       (viii) The collection and sale or licensing of covered 
     information incidental to conducting the activities described 
     in clauses (i) through (vii).
       (5) Government agency.--The term ``Government agency'' 
     includes--
       (A) an Executive agency, as defined in section 105 of title 
     5, United States Code; and
       (B) any agency in the judicial branch or legislative 
     branch.
       (6) Immediate family member.--The term ``immediate family 
     member'' means an at-risk individual--
       (A) who is the spouse, parent, sibling, or child of another 
     at-risk individual;
       (B) to whom another at-risk individual stands in loco 
     parentis; or
       (C) living in the household of another at-risk individual.
       (7) Member of congress.--The term ``Member of Congress'' 
     means--
       (A) a Member of the Senate; or
       (B) a Member of, or Delegate or Resident Commissioner to, 
     the House of Representatives.
       (8) Transfer.--The term ``transfer'' means to sell, 
     license, trade, or exchange for consideration the covered 
     information of an at-risk individual.
       (b) Government Agencies.--
       (1) In general.--Each at-risk individual may--
       (A) file written notice of the status of the individual as 
     an at-risk individual, for themselves and their immediate 
     family members, with each Government agency that includes 
     information necessary to ensure compliance with this section, 
     as determined by the applicable legislative officers; and
       (B) request that each Government agency described in 
     subparagraph (A) mark as private their covered information 
     and that of their immediate family members.
       (2) No public posting.--
       (A) In general.--Government agencies shall not publicly 
     post or display publicly available content that includes 
     covered information of an at-risk individual.
       (B) Deadline.--Upon receipt of a request by an at-risk 
     individual under paragraph (1)(B), a Government agency shall 
     remove the covered information of the at-risk individual, and 
     any immediate family member on whose behalf the at-risk 
     individual submitted the request, from publicly available 
     content not later than 72 hours after such receipt.
       (3) Exceptions.--Nothing in this section shall prohibit a 
     Government agency from providing access to records containing 
     the covered information of an at-risk individual to a third 
     party if the third party--
       (A) possesses a signed release from the at-risk individual 
     or a court order;
       (B) is subject to the requirements of title V of the Gramm-
     Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
       (C) executes a confidentiality agreement with the 
     Government agency.
       (c) Delegation of Authority.--
       (1) In general.--An at-risk individual may directly, or 
     through an agent designated by the at-risk individual, make 
     any notice or request required or authorized by this section 
     on behalf of the at-risk individual. The notice or request 
     shall include information necessary to ensure compliance with 
     this section.
       (2) Authorization of legislative officers to make 
     requests.--
       (A) Legislative officers.--Upon written request of a Member 
     of Congress, the applicable legislative officers are 
     authorized to make any notice or request required or 
     authorized by this section on behalf of the Member of 
     Congress. The notice or request shall include information 
     necessary to ensure compliance with this section, as 
     determined by the applicable legislative officers. Any notice 
     or request made under this paragraph shall be deemed to have 
     been made by the Member of Congress and comply with the 
     notice and request requirements of this section.
       (B) List.--In lieu of individual notices or requests, the 
     applicable legislative officers may provide Government 
     agencies, data brokers, persons, businesses, or associations 
     with a list of Members of Congress and their immediate family 
     members that includes information necessary to ensure 
     compliance with this section, as determined by the applicable 
     legislative officers for the purpose of maintaining 
     compliance with this section. Such list shall be deemed to 
     comply with individual notice and request requirements of 
     this section.
       (d) Data Brokers and Other Businesses.--
       (1) Prohibitions.--
       (A) Data brokers.--It shall be unlawful for a data broker 
     to knowingly sell, license, trade for consideration, or 
     purchase covered information of an at-risk individual.
       (B) Other businesses.--
       (i) In general.--Except as provided in clause (ii), no 
     person, business, or association shall publicly post or 
     publicly display on the internet covered information of an 
     at-risk individual if the at-risk individual, or an immediate 
     family member on behalf of the at-risk individual, has made a 
     written request to that person, business, or association to 
     not disclose the covered information of the at-risk 
     individual.
       (ii) Exceptions.--Clause (i) shall not apply to--

       (I) the display on the internet of the covered information 
     of an at-risk individual if the information is relevant to 
     and displayed as part of a news story, commentary, editorial, 
     or other speech on a matter of public concern;
       (II) covered information that the at-risk individual 
     voluntarily publishes on the internet after the date of 
     enactment of this Act; or
       (III) covered information received from a Federal 
     Government source (or from an employee or agent of the 
     Federal Government).

       (2) Required conduct.--
       (A) In general.--After receiving a written request under 
     paragraph (1)(B)(i), the person, business, or association 
     shall--
       (i) remove within 72 hours the covered information from the 
     internet and ensure that the information is not made 
     available on any website or subsidiary website controlled by 
     that person, business, or association; and
       (ii) ensure that the covered information of the at-risk 
     individual is not made available on any website or subsidiary 
     website controlled by that person, business, or association.
       (B) Transfer.--
       (i) In general.--Except as provided in clause (ii), after 
     receiving a written request under paragraph (1)(B)(i), the 
     person, business, or association shall not transfer the 
     covered information of the at-risk individual to any other 
     person, business, or association through any medium.
       (ii) Exceptions.--Clause (i) shall not apply to--

       (I) the transfer of the covered information of the at-risk 
     individual if the information is relevant to and displayed as 
     part of a news story, commentary, editorial, or other speech 
     on a matter of public concern;
       (II) covered information that the at-risk individual 
     voluntarily publishes on the internet after the date of 
     enactment of this Act; or
       (III) a transfer made at the request of the at-risk 
     individual or that is necessary to effectuate a request to 
     the person, business, or association from the at-risk 
     individual.

       (e) Redress.--An at-risk individual whose covered 
     information is made public as a result of a violation of this 
     section may bring an action seeking injunctive or declaratory 
     relief in any court of competent jurisdiction.
       (f) Rules of Construction.--
       (1) In general.--Nothing in this section shall be 
     construed--
       (A) to prohibit, restrain, or limit--
       (i) the lawful investigation or reporting by the press of 
     any unlawful activity or misconduct alleged to have been 
     committed by an at-risk individual;
       (ii) the reporting on an at-risk individual regarding 
     matters of public concern; or
       (iii) the disclosure of information otherwise required 
     under Federal law;
       (B) to impair access to the actions or statements of a 
     Member of Congress in the course of carrying out the public 
     functions of the Member of Congress;
       (C) to limit the publication or transfer of covered 
     information with the written consent of the at-risk 
     individual; or
       (D) to prohibit information sharing by a data broker to a 
     Federal, State, Tribal, or local government, or any unit 
     thereof.
       (2) Protection of covered information.--This section shall 
     be broadly construed to favor the protection of the covered 
     information of at-risk individuals.
       (g) Severability.--If any provision of this section, or the 
     application of such provision to any person or circumstance, 
     is held to be unconstitutional, the remaining provisions of 
     this section, and the application of the provision to any 
     other person or circumstance, shall not be affected.
                                 ______
                                 
  SA 219. Ms. KLOBUCHAR (for herself and Mrs. Fischer) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the end of subtitle F of title X, add the following:

     SEC. 1063. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON 
                   IMPLEMENTATION OF UNIFORMED AND OVERSEAS 
                   CITIZENS ABSENTEE VOTING ACT AND IMPROVING 
                   ACCESS TO VOTER REGISTRATION INFORMATION AND 
                   ASSISTANCE FOR ABSENT UNIFORMED SERVICES 
                   VOTERS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct--
       (1) an analysis of the effectiveness of the Federal 
     Government in carrying out its responsibilities under the 
     Uniformed and Overseas Citizens Absentee Voting Act (52 
     U.S.C. 20301 et seq.) to promote access to voting for absent 
     uniformed services voters; and

[[Page S2397]]

       (2) a study on means for improving access to voter 
     registration information and assistance for members of the 
     Armed Forces and their family members.
       (b) Elements.--
       (1) Analysis.--The analysis required by subsection (a)(1) 
     shall include analysis of the following:
       (A) Data and information pertaining to the transmission of 
     ballots to absent unformed services voters.
       (B) Data and information pertaining to the methods of 
     transmission of voted ballots from absent uniformed services 
     voters, including the efficacy and security of such methods.
       (C) Data and information pertaining to the treatment by 
     election officials of voted ballots transmitted by absent 
     uniformed services voters, including--
       (i) the rate at which such ballots are counted in 
     elections;
       (ii) the rate at which such ballots are rejected in 
     elections; and
       (iii) the reasons for such rejections.
       (D) An analysis of the effectiveness of the assistance 
     provided to absent uniformed services voters by Voting 
     Assistance Officers of the Federal Voting Assistance Program 
     of the Department of Defense.
       (E) A review of the extent of coordination between Voting 
     Assistance Officers and State and local election officials.
       (F) Information regarding such other issues relating to the 
     ability of absent uniformed services voters to register to 
     vote, vote, and have their ballots counted in elections for 
     Federal office.
       (G) Data and information pertaining to--
       (i) the awareness of members of the Armed Forces and their 
     family members of the requirement under section 1566a of 
     title 10, United States Code, that the Secretaries of the 
     military departments provide voter registration information 
     and assistance; and
       (ii) whether members of the Armed Forces and their family 
     members received such information and assistance at the times 
     required by subsection (c) of that section.
       (2) Study.--The study required by subsection (a)(2) shall 
     include the following:
       (A) An assessment of potential actions to be undertaken by 
     the Secretary of each military department to increase access 
     to voter registration information and assistance for members 
     of the Armed Forces and their family members.
       (B) An estimate of the costs and requirements to fully meet 
     the needs of members of the Armed Forces for access to voter 
     registration information and assistance.
       (c) Methods.--In conducting the analysis and study required 
     by subsection (a), the Comptroller General shall, in 
     cooperation and consultation with the Secretaries of the 
     military departments--
       (1) use existing information from available government and 
     other public sources; and
       (2) acquire, through the Comptroller General's own 
     investigations, interviews, and analysis, such other 
     information as the Comptroller General requires to conduct 
     the analysis and study.
       (d) Report Required.--Not later than September 30, 2025, 
     the Comptroller General shall submit to the Committee on 
     Rules and Administration of the Senate and the Committee on 
     House Administration of the House of Representatives a report 
     on the analysis and study required by subsection (a).
       (e) Definitions.--In this section:
       (1) Absent uniformed services voter.--The term ``absent 
     uniformed services voter'' has the meaning given that term in 
     section 107 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (52 U.S.C. 20310).
       (2) Family member.--The term ``family member'', with 
     respect to a member of the Armed Forces, means a spouse and 
     other dependent (as defined in section 1072 of title 10, 
     United States Code) of the member.
                                 ______
                                 
  SA 220. Ms. KLOBUCHAR (for herself and Mrs. Fischer) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

      DIVISION F--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023

     SEC. 6001. SHORT TITLE.

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

     SEC. 6002. 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.

     SEC. 6003. 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 6002 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 6002(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 
     6002(a) of the Architect of the Capitol Appointment Act of 
     2023.''.

     SEC. 6004. 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 
     6002(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 6002(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''.
                                 ______
                                 
  SA 221. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of part III of subtitle B of title XXVIII, add 
     the following:

[[Page S2398]]

  


     SEC. 2853. REPORT ON PLAN TO REPLACE HOUSES AT FORT LEONARD 
                   WOOD.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Army shall submit to Congress 
     an unclassified report on the plan of the Army to replace all 
     1,142 houses at Fort Leonard Wood that the Army has 
     designated as being in need of repair.
                                 ______
                                 
  SA 222. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. __. SENSE OF CONGRESS ON CONSTITUTIONAL REQUIREMENT THAT 
                   CONGRESS DECLARE WAR BEFORE THE UNITED STATES 
                   ENGAGES IN WAR.

       It is the sense of Congress that Article 5 of the North 
     Atlantic Treaty does not supersede the constitutional 
     requirement that Congress declare war before the United 
     States engages in war.
                                 ______
                                 
  SA 223. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. ENDING CHILD TRAFFICKING.

       (a) Short Title.--This section may be cited as the ``End 
     Child Trafficking Now Act''.
       (b) DNA Testing.--
       (1) In general.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 211 the following:

     ``SEC. 211A. FAMILIAL RELATIONSHIP DOCUMENTARY REQUIREMENTS.

       ``(a) In General.--Except as provided in subsection (b), an 
     alien who has attained 18 years of age may not be admitted 
     into the United States with a minor.
       ``(b) Exceptions.--An alien described in subsection (a) may 
     be admitted into the United States with a minor if--
       ``(1) the alien presents to the Secretary of Homeland 
     Security--
       ``(A) 1 or more documents that prove that such alien is a 
     relative or guardian of such minor; and
       ``(B) a witness that testifies that such alien is a 
     relative or guardian of such minor; or
       ``(2) a DNA test administered by the Secretary of Health 
     and Human Services proves that such alien is a relative of 
     such minor.
       ``(c) Administration of DNA Test.--The Secretary of 
     Homeland Security shall request, and the Secretary of Health 
     and Human Services shall administer, a DNA test only if the 
     Secretary of Homeland Security is unable to determine, based 
     on the evidence presented in accordance with subsection 
     (b)(1), that an adult alien is a relative or guardian of the 
     minor accompanying such alien.
       ``(d) Denial of Consent.--
       ``(1) Alien.--An alien described in subsection (a) is 
     inadmissible if--
       ``(A) the Secretary of Homeland Security determines that 
     such alien has presented insufficient evidence under 
     subsection (b)(1) to prove that the alien is a relative of 
     the minor; and
       ``(B) the alien refuses to consent to a DNA test.
       ``(2) Minor.--A minor accompanying an alien who is 
     inadmissible under paragraph (1) shall be treated as an 
     unaccompanied alien child (as defined in section 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
       ``(e) DNA Test Results.--If the results of a DNA test 
     administered pursuant to subsection (c) fail to prove that an 
     alien described in subsection (a) is a relative of a minor 
     accompanying such alien, an immigration officer shall conduct 
     such interviews as may be necessary to determine whether such 
     alien is a relative or guardian of such minor.
       ``(f) Arrest.--An immigration officer may, pursuant to 
     section 287, arrest an alien described in subsection (a) if 
     the immigration officer--
       ``(1) determines, after conducting interviews pursuant to 
     subsection (e), that such alien is not related to the minor 
     accompanying the alien; and
       ``(2) has reason to believe that such alien is guilty of a 
     felony offense, including the offenses of human trafficking, 
     recycling of a minor, or alien smuggling.
       ``(g) Definitions.--In this section--
       ``(1) Minor.--The term `minor' means an alien who has not 
     attained 18 years of age.
       ``(2) Recycling.--The term `recycling' means that a minor 
     is being used to enter the United States on more than 1 
     occasion by an alien who has attained 18 years of age and is 
     not the relative or the guardian of such minor;
       ``(3) Relative.--The term `relative' means an individual 
     related by consanguinity within the second degree, as 
     determined by common law.''.
       (2) Clerical amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 211 
     the following:
``Sec. 211A. Familial relationship documentary requirements.''.
       (c) Criminalizing Recycling of Minors.--
       (1) In general.--Chapter 69 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1430. Recycling of minors

       ``(a) In General.--Any person 18 years of age or older who 
     knowingly uses, for the purpose of entering the United 
     States, a minor to whom the individual is not a relative or 
     guardian, shall be fined under this title, imprisoned not 
     more than 10 years, or both.
       ``(b) Relative.--In this section, the term `relative' means 
     an individual related by consanguinity within the second 
     degree, as determined by common law.''.
       (2) Clerical amendment.--The chapter analysis for chapter 
     69 of title 18, United States Code, is amended by adding at 
     the end the following:
``1430. Recycling of minors.''.
                                 ______
                                 
  SA 224. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1083. AUTHORIZATION OF AMOUNTS TO SUPPORT INITIATIVES 
                   FOR MOBILE MAMMOGRAPHY SERVICES FOR VETERANS.

       There is authorized to be appropriated to the Secretary of 
     Veterans Affairs $10,000,000 for the Office of Women's Health 
     of the Department of Veterans Affairs under section 7310 of 
     title 38, United States Code, to be used by the Secretary to 
     expand access of women veterans to--
       (1) mobile mammography initiatives;
       (2) advanced mammography equipment; and
       (3) outreach activities to publicize those initiatives and 
     equipment.
                                 ______
                                 
  SA 225. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1083. TERMINATION OF POLICIES ALLOWING TRAVEL AND 
                   TRANSPORTATION ALLOWANCES AND NONCHARGEABLE 
                   LEAVE FOR TRAVEL TO ACCESS ABORTION SERVICES.

       Not later than 7 days after the date of the enactment of 
     this Act, the Secretary of Defense shall terminate the 
     policies, pursuant to the Department of Defense memorandum 
     entitled ``Ensuring Access to Reproductive Health Care'', and 
     dated October 20, 2022, authorizing--
       (1) the provision of travel and transportation allowances 
     for a member of the Armed Forces to travel to access abortion 
     services or for a dependant of the member to access to such 
     services; and
       (2) a member to take leave that is not chargeable against 
     the member's leave account for such travel.

     SEC. 1084. AUTHORIZATION OF AMOUNTS TO SUPPORT INITIATIVES 
                   FOR MOBILE MAMMOGRAPHY SERVICES FOR VETERANS.

       There is authorized to be appropriated to the Secretary of 
     Veterans Affairs $10,000,000 for the Office of Women's Health 
     of the Department of Veterans Affairs under section 7310 of 
     title 38, United States Code, to be used by the Secretary to 
     expand access of women veterans to--
       (1) mobile mammography initiatives;
       (2) advanced mammography equipment; and
       (3) outreach activities to publicize those initiatives and 
     equipment.
                                 ______
                                 
  SA 226. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

[[Page S2399]]

  


     SEC. 12__. MIGRANT PROTECTION PROTOCOLS.

       (a) Short Title.--This section may be cited as the ``Make 
     the Migrant Protection Protocols Mandatory Act of 2023''.
       (b) Mandatory Implementation of the Migrant Protection 
     Protocols.--Section 235(b)(2)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)(2)(C)) is amended by 
     striking ``may'' and inserting ``shall''.
                                 ______
                                 
  SA 227. Mr. BUDD submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title I, insert the following:

     SEC. __. PROHIBITION ON DIVESTMENT OF F-15E AIRCRAFT.

       None of the funds authorized to be appropriated by this Act 
     or otherwise made available for any of fiscal years 2024 
     through 2029 may be obligated or expended to divest any F-15E 
     aircraft.
                                 ______
                                 
  SA 228. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. MICROLOAN PROGRAM DEFINITIONS.

       Section 7(m)(11) of the Small Business Act (15 U.S.C. 
     636(m)(11)) is amended--
       (1) in subparagraph (C)(ii), by striking the period at the 
     end and inserting a semicolon;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(E) the term `State' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, the United States Virgin Islands, Guam, the 
     Commonwealth of the Northern Mariana Islands, and American 
     Samoa.''.
                                 ______
                                 
  SA 229. Ms. HIRONO submitted an amendment intended to be proposed by 
her to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VIII of division A, add 
     the following:

     SEC. 849. EXPANDING ELIGIBILITY FOR CERTAIN CONTRACTS.

       (a) Competitive Thresholds.--Section 8018 of title VIII of 
     division A of the Department of Defense Appropriations Act, 
     2007 (15 U.S.C. 637 note) is amended by striking ``with 
     agencies of the Department of Defense'' and inserting ``with 
     agencies and departments of the Federal Government''.
       (b) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, in order to carry out the amendments 
     made by subsection (a)--
       (1) the Administrator of the Small Business Administration, 
     in consultation with the Administrator for Federal 
     Procurement Policy, shall promulgate regulations; and
       (2) the Federal Acquisition Regulatory Council established 
     under section 1302(a) of title 41, United States Code, shall 
     amend the Federal Acquisition Regulation.
                                 ______
                                 
  SA 230. Mr. YOUNG submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. __. 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.
                                 ______
                                 
  SA 231. Mr. YOUNG (for himself and Mr. Carper) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to 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; which was 
ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1299L. SENSE OF THE SENATE ON DIGITAL TRADE AND THE 
                   DIGITAL ECONOMY.

       (a) Findings.--Congress makes the following findings:
       (1) Over half of the world's population, totaling more than 
     5,000,000,000 people, use the internet.
       (2) The digital economy encompasses the economic and social 
     activity from billions of online connections among people, 
     businesses, devices, and data as a result of the internet, 
     mobile technology, and the internet of things.
       (3) The Bureau of Economic Analysis found that the digital 
     economy contributed nearly 10.3 percent of United States 
     gross domestic product and supported 8,000,000 United States 
     jobs in 2020.
       (4) The digital sector added 1,400,000 new jobs between 
     2019 and 2022.
       (5) United States jobs supported by the digital economy 
     have sustained annual wage growth at a rate of 5.9 percent 
     since 2010, as compared to a 4.2 percent for all jobs.
       (6) In 2021, United States exports of digital services 
     surpassed $594,000,000,000, accounting for more than half of 
     all United States services exports and generating a digital 
     services trade surplus for the United States of 
     $262,300,000,000.
       (7) Digital trade bolsters the digital economy by enabling 
     the sale of goods on the internet and the supply of online 
     services across borders and depends on the free flow of data 
     across borders to promote commerce, manufacturing, and 
     innovation.
       (8) Digital trade has become increasingly vital to United 
     States workers and businesses of all sizes, including the 
     countless small and medium-sized enterprises that use digital 
     technology, data flows, and e-commerce to export goods and 
     services across the world.
       (9) Digital trade has advanced entrepreneurship 
     opportunities for women, people of color, and individuals 
     from otherwise underrepresented backgrounds and enabled the 
     formation of innovative start-ups.
       (10) International supply chains are becoming increasingly 
     digitized and data driven and businesses in a variety of 
     industries, such as construction, healthcare, transportation, 
     and aerospace, invested heavily in digital supply chain 
     technologies in 2020.
       (11) United States Trade Representative Katherine Tai said, 
     ``[T]here is no bright line separating digital trade from the 
     digital economy--or the `traditional' economy for that 
     matter. Nearly every aspect of our economy has been digitized 
     to some degree.''.
       (12) Industries outside of the technology sector, such as 
     manufacturing and agriculture, are integrating digital 
     technology into their businesses in order to increase 
     efficiency, improve safety, reach new customers, and remain 
     globally competitive.
       (13) The increasing reliance on digital technologies has 
     modernized legacy processes, accelerated workflows, increased 
     access to information and services, and strengthened security 
     in a variety of industries, leading to better health, 
     environmental, and safety outcomes.
       (14) The COVID-19 pandemic has led to increased uptake and 
     reliance on digital technologies, data flows, and e-commerce.
       (15) Ninety percent of adults in the United States say that 
     the internet has been essential or important for them 
     personally during the COVID-19 pandemic.
       (16) United States families, workers, and business owners 
     have seen how vital access to the internet has been to daily 
     life, as work, education, medicine, and communication with 
     family and friends have shifted increasingly online.
       (17) Many individuals and families, especially in rural and 
     Tribal communities, struggle to participate in the digital 
     economy because of a lack of access to a reliable and 
     affordable internet connection.
       (18) New developments in technology must be deployed with 
     consideration to the unique access challenges of rural, urban 
     underserved, and vulnerable communities.
       (19) Digital trade has the power to help level the playing 
     field and uplift those in traditionally unrepresented or 
     underrepresented communities.
       (20) Countries have negotiated international rules 
     governing digital trade in various bilateral and plurilateral 
     agreements, but those rules remain fragmented, and no 
     multilateral agreement on digital trade exists within the 
     World Trade Organization.
       (21) The United States, through free trade agreements or 
     other digital agreements, has been a leader in developing a 
     set of rules and standards on digital governance and e-
     commerce that has helped allies and partners of the United 
     States unlock the full economic and social potential of 
     digital trade.
       (22) Congress recognizes the need for agreements on digital 
     trade, as indicated by its support for a robust digital trade 
     chapter in the United States-Mexico-Canada Agreement.
       (23) Other countries are operating under their own digital 
     rules, some of which are contrary to democratic values shared 
     by the United States and many allies and partners of the 
     United States.
       (24) Those countries are attempting to advance their own 
     digital rules on a global scale.

[[Page S2400]]

       (25) Examples of the plethora of nontariff barriers to 
     digital trade that have emerged around the globe include--
       (A) overly restrictive data localization requirements and 
     limitations on cross border data flows that do not achieve 
     legitimate public policy objectives;
       (B) intellectual property rights infringement;
       (C) policies that make market access contingent on forced 
     technology transfers or voluntary transfers subject to 
     coercive terms;
       (D) web filtering;
       (E) economic espionage;
       (F) cybercrime exposure; and
       (G) government-directed theft of trade secrets.
       (26) Certain countries are pursuing or have implemented 
     digital policies that unfairly discriminate against 
     innovative United States technology companies and United 
     States workers that create and deliver digital products and 
     services.
       (27) The Government of the People's Republic of China is 
     currently advancing a model for digital governance and the 
     digital economy domestically and abroad through its Digital 
     Silk Road Initiative that permits censorship, surveillance, 
     human and worker rights abuses, forced technology transfers, 
     and data flow restrictions at the expense of human and worker 
     rights, privacy, the free flow of data, and an open internet.
       (28) The 2022 Country Reports on Human Rights Practices of 
     the Department of State highlighted significant human rights 
     issues committed by the People's Republic of China in the 
     digital realm, including ``arbitrary interference with 
     privacy including pervasive and intrusive technical 
     surveillance and monitoring including the use of COVID-19 
     tracking apps for nonpublic-health purposes; punishment of 
     family members for offenses allegedly committed by an 
     individual; serious restrictions on free expression and 
     media, including physical attacks on and criminal prosecution 
     of journalists, lawyers, writers, bloggers, dissidents, 
     petitioners, and others; serious restrictions on internet 
     freedom, including site blocking''.
       (29) The United States discourages digital 
     authoritarianism, including practices that undermine human 
     and worker rights and result in other social and economic 
     coercion.
       (30) Allies and trading partners of the United States in 
     the Indo-Pacific region have urged the United States to 
     deepen economic engagement in the region by negotiating rules 
     on digital trade and technology standards.
       (31) The digital economy has provided new opportunities for 
     economic development, entrepreneurship, and growth in 
     developing countries around the world.
       (32) Negotiating strong digital trade principles and 
     commitments with allies and partners across the globe enables 
     the United States to unite like-minded economies around 
     common standards and ensure that principles of democracy, 
     rule of law, freedom of speech, human and worker rights, 
     privacy, and a free and open internet are at the very core of 
     digital governance.
       (33) United States leadership and substantive engagement is 
     necessary to ensure that global digital rules reflect United 
     States values so that workers are treated fairly, small 
     businesses can compete and win in the global economy, and 
     consumers are guaranteed the right to privacy and security.
       (34) The United States supports rules that reduce digital 
     trade barriers, promote free expression and the free flow of 
     information, enhance privacy protections, protect sensitive 
     information, defend human and worker rights, prohibit forced 
     technology transfer, and promote digitally enabled commerce.
       (35) The United States supports efforts to cooperate with 
     allies and trading partners to mitigate the risks of 
     cyberattacks, address potentially illegal or deceptive 
     business activities online, promote financial inclusion and 
     digital workforce skills, and develop rules to govern the use 
     of artificial intelligence and other emerging and future 
     technologies.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the United States should negotiate strong, inclusive, 
     forward-looking, and enforceable rules on digital trade and 
     the digital economy with like-minded countries as part of a 
     broader trade and economic strategy to address digital 
     barriers and ensure that the United States values of 
     democracy, rule of law, freedom of speech, human and worker 
     rights, privacy, and a free and open internet are at the very 
     core of the digital world and advanced technology;
       (2) in conducting such negotiations, the United States 
     must--
       (A) pursue digital trade rules that--
       (i) serve the best interests of workers, consumers, and 
     small and medium-sized enterprises;
       (ii) empower United States workers;
       (iii) fuel wage growth; and
       (iv) lead to materially positive economic outcomes for all 
     people in the United States;
       (B) ensure that any future agreement prevents the adoption 
     of non-democratic, coercive, or overly restrictive policies 
     that would be obstacles to a free and open internet and harm 
     the ability of the e-commerce marketplace to continue to grow 
     and thrive;
       (C) coordinate sufficient trade-related assistance to 
     ensure that developing countries can improve their capacity 
     and benefit from increased digital trade; and
       (D) consult closely with all relevant stakeholders, 
     including workers, consumers, small and medium-sized 
     enterprises, civil society groups, and human rights 
     advocates; and
       (3) with respect to any negotiations for an agreement 
     facilitating digital trade, the United States Trade 
     Representative and the heads of other relevant Federal 
     agencies must--
       (A) consult closely and on a timely basis with the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives about the substance 
     of those negotiations and the requisite legal authority to 
     bind the United States to any such agreement;
       (B) keep both committees fully apprised of those 
     negotiations; and
       (C) provide to those committees, including staff with 
     appropriate security clearances, adequate access to the text 
     of the negotiating proposal of the United States before 
     presenting the proposal in the negotiations.
                                 ______
                                 
  SA 232. Mr. YOUNG (for himself and Mr. Coons) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to 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; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

          DIVISION F--COUNTERING ECONOMIC COERCION ACT OF 2023

     SEC. 6001. SHORT TITLE.

       This title may be cited as the ``Countering Economic 
     Coercion Act of 2023''.

     SEC. 6002. SENSE OF CONGRESS.

       The following is the sense of Congress:
       (1) Foreign adversaries are increasingly using economic 
     coercion to pressure, punish, and influence United States 
     allies and partners.
       (2) Economic coercion causes economic harm to United States 
     allies and partners and creates malign influence on the 
     sovereign political actions of such allies and partners.
       (3) Economic coercion can threaten the essential security 
     of the United States and its allies.
       (4) Economic coercion is often characterized by--
       (A) arbitrary, abusive, and discriminatory actions that 
     seek to interfere with sovereign actions, violate 
     international trade rules, and run counter to the rules-based 
     international order;
       (B) capricious, pre-textual, and non-transparent actions 
     taken without due process afforded;
       (C) intimidation or threats of punitive actions; and
       (D) informal actions that take place without explicit 
     government action.
       (5) Existing mechanisms for trade dispute resolution and 
     international arbitration are inadequate for responding to 
     economic coercion in a timely and effective manner as foreign 
     adversaries exploit plausible deniability and lengthy 
     processes to evade accountability.
       (6) The United States should provide meaningful economic 
     and political support to foreign trading partners affected by 
     economic coercion.
       (7) Supporting foreign trading partners affected by 
     economic coercion can lead to opportunities for United States 
     businesses, investors, and workers to reach new markets and 
     customers.
       (8) Responding to economic coercion will be most effective 
     when the United States provides relief to affected foreign 
     trading partners in coordination with allies and like-minded 
     countries.
       (9) Such coordination will further demonstrate broad 
     resolve against economic coercion.

     SEC. 6003. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees''--
       (A) means--
       (i) the Committee on Foreign Relations of the Senate; and
       (ii) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (B) includes--
       (i) with respect to the exercise of any authority under 
     subsection (a)(1) or (b) of section 6005--

       (I) the Committee on Finance of the Senate; and
       (II) the Committee on Ways and Means of the House of 
     Representatives; and

       (ii) with respect to the exercise of any authority under 
     paragraph (6) or (8) of section 6005(a)--

       (I) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate; and
       (II) the Committee on Financial Services of the House of 
     Representatives.

       (2) Economic coercion.--The term ``economic coercion'' 
     means actions, practices, or threats undertaken by a foreign 
     adversary to unreasonably restrain, obstruct, or manipulate 
     trade, foreign aid, investment, or commerce in an arbitrary, 
     capricious, or non-transparent manner with the intention to 
     cause economic harm to achieve strategic political objectives 
     or influence sovereign political actions.

[[Page S2401]]

       (3) Export; export administration regulations; in-country 
     transfer; reexport.--The terms ``export'', ``Export 
     Administration Regulations'', ``in-country transfer'', and 
     ``reexport'' have the meanings given those terms in section 
     1742 of the Export Control Reform Act of 2018 (50 U.S.C. 
     4801).
       (4) Foreign adversary.--The term ``foreign adversary'' has 
     the meaning given that term in section 8(c)(2) of the Secure 
     and Trusted Communications Networks Act of 2019 (47 U.S.C. 
     1607(c)(2)).
       (5) Foreign trading partner.--The term ``foreign trading 
     partner'' means a jurisdiction that is a trading partner of 
     the United States.

     SEC. 6004. DETERMINATION OF ECONOMIC COERCION.

       (a) Presidential Determination.--
       (1) In general.--If the President determines that a foreign 
     trading partner is subject to economic coercion by a foreign 
     adversary, the President may exercise, in a manner 
     proportionate to the economic coercion, any authority 
     described--
       (A) in section 6005(a) to support or assist the foreign 
     trading partner; or
       (B) in section 6005(b) to penalize the foreign adversary.
       (2) Information; hearings.--To inform any determination or 
     exercise of authority under paragraph (1), the President 
     shall--
       (A) obtain the written opinion and analysis of the 
     Secretary of State, the Secretary of Commerce, the Secretary 
     of the Treasury, the United States Trade Representative, and 
     the heads of other Federal agencies, as the President 
     considers appropriate;
       (B) seek information and advice from and consult with other 
     relevant officers of the United States; and
       (C) afford other interested parties an opportunity to 
     present relevant information and advice.
       (3) Consultation with congress.--The President shall 
     consult with the appropriate congressional committees--
       (A) not earlier than 30 days and not later than 10 days 
     before exercising any authority under paragraph (1); and
       (B) not less frequently than once every 180 days for the 
     duration of the exercise of such authority.
       (4) Notice.--Not later than 30 days after the date that the 
     President determines that a foreign trading partner is 
     subject to economic coercion or exercises any authority under 
     paragraph (1), the President shall publish in the Federal 
     Register--
       (A) a notice of the determination or exercise of authority; 
     and
       (B) a description of the economic coercion that the foreign 
     adversary is applying to the foreign trading partner and 
     other circumstances that led to such determination or 
     exercise of authority.
       (b) Expedited Determination.--
       (1) In general.--If the Secretary of State determines that 
     a foreign trading partner is subject to economic coercion by 
     a foreign adversary, the Secretary of State or the head of 
     the relevant Federal agency may exercise any authority 
     described in paragraphs (2) through (7) of section 6005(a).
       (2) Notices.--
       (A) In general.--Not later than 10 days after a 
     determination under paragraph (1), the Secretary of State 
     shall submit to the appropriate congressional committees a 
     notice of such determination.
       (B) Exercise of authority.--Not later than 10 days after 
     the exercise of any authority described in paragraphs (2) 
     through (7) of section 6005(a) that relies on the 
     determination for which the Secretary of State submitted 
     notice under subparagraph (A), the Secretary of State or the 
     head of the relevant Federal agency relying on such 
     determination shall submit to the appropriate congressional 
     committees a notice of intent to exercise such authority, but 
     not more frequently than once every 90 days.
       (c) Revocation of Determination.--
       (1) In general.--Any determination made by the President 
     under subsection (a) or the Secretary of State under 
     subsection (b) shall be revoked on the earliest of--
       (A) the date that is 2 years after the date of such 
     determination;
       (B) the date of the enactment of a joint resolution of 
     disapproval revoking the determination; or
       (C) the date on which the President issues a proclamation 
     revoking the determination.
       (2) Termination of authorities.--Any authority described in 
     section 6005(a) exercised pursuant to a determination that 
     has been revoked under paragraph (1) shall cease to be 
     exercised on the date of such revocation, except that such 
     revocation shall not affect--
       (A) any action taken or proceeding pending not finally 
     concluded or determined on such date; or
       (B) any rights or duties that matured or penalties that 
     were incurred prior to such date.

     SEC. 6005. AUTHORITIES TO ASSIST FOREIGN TRADING PARTNERS 
                   AFFECTED BY ECONOMIC COERCION.

       (a) Authorities With Respect to Foreign Trading Partners.--
     The authorities described in this subsection are the 
     following:
       (1) Subject to section 6007, with respect to goods imported 
     into the United States from a foreign trading partner subject 
     to economic coercion by a foreign adversary--
       (A) the reduction or elimination of duties; or
       (B) the modification of tariff-rate quotas.
       (2) Requesting appropriations for foreign aid to the 
     foreign trading partner.
       (3) Expedited decisions with respect to the issuance of 
     licenses for the export or reexport to, or in-country 
     transfer in, the foreign trading partner of items subject to 
     controls under the Export Administration Regulations, 
     consistent with the Export Control Reform Act of 2018 (50 
     U.S.C. 4801 et seq.).
       (4) Expedited regulatory processes related to the 
     importation of goods and services into the United States from 
     the foreign trading partner.
       (5) Requesting the necessary authority and appropriations 
     for sovereign loan guarantees to the foreign trading partner.
       (6) The waiver of policy requirements (other than policy 
     requirements mandated by an Act of Congress, including the 
     policies and procedures established pursuant to section 11 of 
     the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5)) as 
     necessary to facilitate the provision of financing to support 
     exports to the foreign trading partner.
       (7) Requesting appropriations for loan loss reserves to 
     facilitate the provision of financing to support United 
     States exports to the foreign trading partner.
       (8) The exemption of financing provided to support United 
     States exports to the foreign trading partner from section 
     8(g)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 
     635g(g)(1)).
       (b) Authorities With Respect to Foreign Adversaries.--With 
     respect to goods imported into the United States from a 
     foreign adversary engaged in economic coercion of a foreign 
     trading partner, the authorities described in this subsection 
     are the following:
       (1) The increase in duties.
       (2) The modification of tariff-rate quotas.

     SEC. 6006. COORDINATION WITH ALLIES AND PARTNERS.

       (a) Coordination by President.--After a determination by 
     the President that a foreign trading partner is subject to 
     economic coercion by a foreign adversary, the President shall 
     endeavor to coordinate--
       (1) the exercise of the authorities described in section 
     6005 with the exercise of relevant authorities by allies and 
     partners in order to broaden economic support to the foreign 
     trading partner affected by economic coercion; and
       (2) with allies and partners to issue joint condemnation of 
     the actions of the foreign adversary and support for the 
     foreign trading partner.
       (b) Coordination by Secretary.--The Secretary of State, in 
     coordination with the heads of the relevant agencies, shall 
     endeavor--
       (1) to encourage allies and partners to identify or create 
     mechanisms and authorities necessary to facilitate the 
     coordination under subsection (a)(1);
       (2) to coordinate with allies and partners to increase 
     opposition to economic coercion in the international 
     community;
       (3) to coordinate with allies and partners to deter the use 
     of economic coercion by foreign adversaries; and
       (4) to engage with foreign trading partners to gather 
     information about possible instances of economic coercion and 
     share such information with the appropriate congressional 
     committees.

     SEC. 6007. CONDITIONS WITH RESPECT TO TARIFF AUTHORITY.

       (a) Limitations on Tariff Authority.--The authority 
     described in section 6005(a)(1)--
       (1) does not include the authority to reduce or eliminate 
     antidumping or countervailing duties imposed under title VII 
     of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.);
       (2) may only apply to an article if--
       (A) such article is--
       (i) designated by the President as an eligible article for 
     purposes of the Generalized System of Preferences under 
     section 503 of the Trade Act of 1974 (19 U.S.C. 2463); and
       (ii) imported directly from the foreign trading partner 
     into the customs territory of the United States; and
       (B) the sum of the cost or value of the materials produced 
     in the foreign trading partner and the direct costs of 
     processing operations performed in such foreign trading 
     partner is not less than 35 percent of the appraised value of 
     such article at the time it is entered;
       (3) may not apply to any article that is the product of the 
     foreign trading partner by virtue of having merely 
     undergone--
       (A) simple combining or packaging operations; or
       (B) mere dilution with water or another substance that does 
     not materially alter the characteristics of the article; and
       (4) may not be applied in a manner that would provide 
     indirect economic benefit to a foreign adversary.
       (b) Consultation With Congress.--
       (1) In general.--Before exercising any authority described 
     in subsection (a)(1) or (b) of section 6005, the President 
     shall submit to the appropriate congressional committees a 
     notice of intent to exercise such authority that includes a 
     description of--
       (A) the circumstances that merit the exercise of such 
     authority;
       (B) the expected effects of the exercise of such authority 
     on the economy of the United States and businesses, workers, 
     farmers, and ranchers in the United States;
       (C) the expected effects of the exercise of such authority 
     on the foreign trading partner; and
       (D) the expected effects of the exercise of such authority 
     on the foreign adversary.
       (2) Congressional review.--
       (A) In general.--During the period of 45 calendar days 
     beginning on the date on

[[Page S2402]]

     which the President submits a notice of intent under 
     paragraph (1), the appropriate congressional committees 
     should hold hearings and briefings and otherwise obtain 
     information in order to fully review the proposed exercise of 
     authority.
       (B) Limitation on exercise of authority during 
     congressional review.--Notwithstanding any other provision of 
     law, during the period for congressional review described in 
     subparagraph (A) of a notice of intent submitted under 
     paragraph (1), the President may not take the proposed 
     exercise of authority unless a joint resolution of approval 
     with respect to that exercise of authority is enacted.
       (C) Effect of enactment of joint resolution of 
     disapproval.--Notwithstanding any other provision of law, if 
     a joint resolution of disapproval relating to a notice of 
     intent submitted under paragraph (1) is enacted during the 
     period for congressional review described in subparagraph 
     (A), the President may not take the proposed exercise of 
     authority.

     SEC. 6008. PROCESS FOR JOINT RESOLUTIONS OF APPROVAL OR 
                   DISAPPROVAL.

       (a) Definitions.--In this division:
       (1) Joint resolution of approval.--The term ``joint 
     resolution of approval'' means only a joint resolution of 
     either House of Congress--
       (A) which does not have a preamble;
       (B) the title of which is as follows: ``A joint resolution 
     approving the President's exercise of authority under section 
     6005 of the Countering Economic Coercion Act of 2023.''; and
       (C) the sole matter after the resolving clause of which is 
     as follows: ``That Congress approves the exercise of 
     authority by the President under section 6005 of the 
     Countering Economic Coercion Act of 2023, submitted to 
     Congress on ___.'', with the blank space being filled with 
     the appropriate date.
       (2) Joint resolution of disapproval.--The term ``joint 
     resolution of disapproval'' means--
       (A) with respect to a determination under section 6004(a), 
     only a joint resolution of either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     disapproving the President's determination under section 
     6004(a) of the Countering Economic Coercion Act of 2023.''; 
     and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the determination 
     of the President under section 6004(a) of the Countering 
     Economic Coercion Act of 2023, published in the Federal 
     Register on ___.'', with the blank space being filled with 
     the appropriate date;
       (B) with respect to a determination under section 6004(b), 
     only a joint resolution of either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     disapproving the Secretary of State's determination under 
     section 6004(b) of the Countering Economic Coercion Act of 
     2023.''; and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the determination 
     of the Secretary of State under section 6004(b) of the 
     Countering Economic Coercion Act of 2023, submitted to 
     Congress on ___.'', with the blank space being filled with 
     the appropriate date; and
       (C) with respect to section 6007, only a joint resolution 
     of either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     disapproving the President's exercise of authority under 
     section 6005 of the Countering Economic Coercion Act of 
     2023.''; and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves the exercise of 
     authority by the President under section 6005 of the 
     Countering Economic Coercion Act of 2023, submitted to 
     Congress on ___.'', with the blank space being filled with 
     the appropriate date.
       (b) Introduction in the House of Representatives.--During a 
     period of 5 legislative days beginning on the date that a 
     notice of determination is published in the Federal Register 
     in accordance with section 6004(a)(4) or submitted to the 
     appropriate congressional committees in accordance with 
     section 6004(b)(2)(A) or a notice of intent is submitted to 
     the appropriate congressional committees in accordance with 
     section 6004(b)(2)(B) or section 6007(b)(1), a joint 
     resolution of approval or a joint resolution of disapproval 
     may be introduced in the House of Representatives by the 
     majority leader or the minority leader.
       (c) Introduction in the Senate.--During a period of 5 days 
     on which the Senate is in session beginning on the date that 
     a notice of determination is published in the Federal 
     Register in accordance with section 6004(a)(4) or submitted 
     to the appropriate congressional committees in accordance 
     with section 6004(b)(2)(A) or a notice of intent is submitted 
     to the appropriate congressional committees in accordance 
     with section 6004(b)(2)(B) or section 6007(b)(1), a joint 
     resolution of approval or a joint resolution of disapproval 
     may be introduced in the Senate by the majority leader (or 
     the majority leader's designee) or the minority leader (or 
     the minority leader's designee).
       (d) Floor Consideration in the House of Representatives.--
       (1) Reporting and discharge.--If a committee of the House 
     of Representatives to which a joint resolution of approval or 
     joint resolution of disapproval has been referred has not 
     reported such joint resolution within 10 legislative days 
     after the date of referral, that committee shall be 
     discharged from further consideration of the joint 
     resolution.
       (2) Proceeding to consideration.--In the House of 
     Representatives, the following procedures shall apply to a 
     joint resolution of approval or a joint resolution of 
     disapproval:
       (A) Beginning on the third legislative day after each 
     committee to which a joint resolution of approval or joint 
     resolution of disapproval has been referred reports it to the 
     House of Representatives or has been discharged from further 
     consideration of the joint resolution, it shall be in order 
     to move to proceed to consider the joint resolution in the 
     House of Representatives.
       (B) All points of order against the motion are waived. Such 
     a motion shall not be in order after the House of 
     Representatives has disposed of a motion to proceed on a 
     joint resolution with regard to the same certification. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       (3) Consideration.--The joint resolution shall be 
     considered as read. All points of order against the joint 
     resolution and against its consideration are waived. The 
     previous question shall be considered as ordered on the joint 
     resolution to final passage without intervening motion except 
     two hours of debate equally divided and controlled by the 
     sponsor of the joint resolution (or a designee) and an 
     opponent. A motion to reconsider the vote on passage of the 
     joint resolution shall not be in order.
       (e) Consideration in the Senate.--
       (1) Committee referral.--A joint resolution of approval or 
     a joint resolution of disapproval introduced in the Senate 
     shall be referred to the Committee on Foreign Relations.
       (2) Reporting and discharge.--If the Committee on Foreign 
     Relations has not reported a joint resolution of approval or 
     a joint resolution of disapproval within 10 days on which the 
     Senate is in session after the date of referral of such joint 
     resolution, that committee shall be discharged from further 
     consideration of such joint resolution and the joint 
     resolution shall be placed on the appropriate calendar.
       (3) Motion to proceed.--Notwithstanding Rule XXII of the 
     Standing Rules of the Senate, it is in order at any time 
     after the Committee on Foreign Relations reports the joint 
     resolution of approval or the joint resolution of disapproval 
     to the Senate or has been discharged from its consideration 
     (even though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     joint resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) shall be waived. The motion to proceed is not 
     debatable. The motion is not subject to a motion to postpone. 
     A motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order. If a motion to 
     proceed to the consideration of the joint resolution of 
     approval or the joint resolution of disapproval is agreed to, 
     the joint resolution shall remain the unfinished business 
     until disposed.
       (4) Debate.--Debate on a joint resolution of approval or a 
     joint resolution of disapproval, and on all debatable motions 
     and appeals in connection with such joint resolution, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the majority and minority leaders or their 
     designees. A motion to further limit debate is in order and 
     not debatable. An amendment to, or a motion to postpone, or a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the joint resolution is not in order.
       (5) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on the 
     joint resolution of approval or the joint resolution of 
     disapproval and a single quorum call at the conclusion of the 
     debate, if requested in accordance with the rules of the 
     Senate.
       (6) Rules of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to the joint resolution of approval or the joint 
     resolution of disapproval shall be decided without debate.
       (7) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to the joint resolution of 
     approval or the joint resolution of disapproval, including 
     all debatable motions and appeals in connection with such 
     joint resolution, shall be limited to 10 hours, to be equally 
     divided between, and controlled by, the majority leader and 
     the minority leader or their designees.
       (f) Procedures in the Senate.--Except as otherwise provided 
     in this section, the following procedures shall apply in the 
     Senate to a joint resolution of approval or a joint 
     resolution of disapproval to which this section applies:
       (1) Except as provided in paragraph (2), a joint resolution 
     of approval or a joint resolution of disapproval that has 
     passed the House of Representatives shall, when received in 
     the Senate, be referred to the Committee on Foreign Relations 
     for consideration in accordance with this subsection.

[[Page S2403]]

       (2) If a joint resolution of approval or a joint resolution 
     of disapproval to which this section applies was introduced 
     in the Senate before receipt of a joint resolution of 
     approval or a joint resolution of disapproval that has passed 
     the House of Representatives, the joint resolution from the 
     House of Representatives shall, when received in the Senate, 
     be placed on the calendar. If this paragraph applies, the 
     procedures in the Senate with respect to a joint resolution 
     of approval or a joint resolution of disapproval introduced 
     in the Senate that contains the identical matter as a joint 
     resolution of approval or a joint resolution of disapproval 
     that passed the House of Representatives shall be the same as 
     if no joint resolution of approval or joint resolution of 
     disapproval had been received from the House of 
     Representatives, except that the vote on passage in the 
     Senate shall be on the joint resolution of approval or the 
     joint resolution of disapproval that passed the House of 
     Representatives.
       (g) Rules of the House of Representatives and Senate.--This 
     section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution of 
     approval or a joint resolution of disapproval under this 
     paragraph, and 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 relating 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.
                                 ______
                                 
  SA 233. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1083. ENHANCED AUTHORITY TO SHARE INFORMATION WITH 
                   RESPECT TO MERCHANDISE SUSPECTED OF VIOLATING 
                   INTELLECTUAL PROPERTY RIGHTS.

       Section 628A of the Tariff Act of 1930 (19 U.S.C. 1628a) is 
     amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) shall provide to the person information that appears 
     on the merchandise, including--
       ``(A) its packaging, materials, and containers, including 
     labels; and
       ``(B) its packing materials and containers, including 
     labels; and''; and
       (2) in subsection (b)--
       (A) in paragraph (3), by striking ``; and'' and inserting a 
     semicolon;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) any other party with an interest in the merchandise, 
     as determined appropriate by the Commissioner.''.
                                 ______
                                 
  SA 234. Mr. COONS (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. EXTENSION OF INCREASED DEPENDENCY AND INDEMNITY 
                   COMPENSATION TO SURVIVING SPOUSES OF VETERANS 
                   WHO DIE FROM AMYOTROPHIC LATERAL SCLEROSIS.

       (a) Extension.--Section 1311(a)(2) of title 38, United 
     States Code, is amended--
       (1) by inserting ``(A)'' before ``The rate''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) A veteran whom the Secretary determines died from 
     amyotrophic lateral sclerosis shall be treated as a veteran 
     described in subparagraph (A) without regard for how long the 
     veteran had such disease prior to death.''.
       (b) Applicability.--Subparagraph (B) of section 1311(a)(2) 
     of title 38, United States Code, as added by subsection (a), 
     shall apply to a veteran who dies from amyotrophic lateral 
     sclerosis on or after October 1, 2022.
                                 ______
                                 
  SA 235. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title III, insert the 
     following:

     SEC. 3__. FUNDING FOR INFRASTRUCTURE AND FACILITIES PROJECTS 
                   FOR B-21 BOMBER AIRCRAFT AT DYES AIR FORCE 
                   BASE.

       (a) Additional Funding.--The amount authorized to be 
     appropriated for fiscal year 2024 by section 301 for 
     operation and maintenance for the Air Force is hereby 
     increased by $45,000,000, with the amount of the increase to 
     be available for facilities sustainment to carry out 
     infrastructure and facilities projects to make Dyes Air Force 
     Base capable to receive nuclear-capable B-21 bomber aircraft, 
     including--
       (1) project 100012 (ADAL Traffic Lanes Tye Gate Entry);
       (2) project 100009 (ADAL Traffic Lanes Main Gate Entry);
       (3) project 203002 (Hazardous Cargo Pad); and
       (4) project 033005 (Enlisted Dorm).
       (b) Offset.--The amount authorized to be appropriated for 
     fiscal year 2024 by section 201 for research, development, 
     test, and evaluation for the Air Force is hereby decreased by 
     $45,000,000, with the amount of the decrease to be taken from 
     amounts available for research, development, test, and 
     evaluation for the B-21 bomber program (PE 0604015F).
                                 ______
                                 
  SA 236. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title XXVIII, insert the 
     following:

     SEC. 28__. MODIFICATION OF INFRASTRUCTURE TO EXPEDITE THE 
                   DEPLOYMENT BY RAIL OF HEAVY ARMORED DIVISIONS 
                   AND ASSOCIATED EQUIPMENT FROM INSTALLATIONS OF 
                   THE ARMY TO NAVAL PORTS.

       (a) In General.--The Secretary of Defense shall modify or 
     improve the infrastructure necessary to expedite the 
     deployment by rail of heavy armored divisions and associated 
     equipment from installations of the Army in the United States 
     to naval ports in support of a large-scale conflict with a 
     near-peer adversary to ensure that installations of the Army 
     that house armored divisions have a rail facility with 
     multiple spurs to allow for the expedited deployment of 
     troops and equipment.
       (b) Use of Amounts.--The Secretary may expend not more than 
     $150,000,000 to carry out the requirement under subsection 
     (a).
                                 ______
                                 
  SA 237. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title III, insert the 
     following:

     SEC. 3__. USE OF IMMERSIVE LEARNING ACROSS TRAINING 
                   ORGANIZATIONS AND MAJOR COMMANDS OF THE AIR 
                   FORCE.

       (a) In General.--The Secretary of the Air Force shall fully 
     integrate and scale the use of immersive learning across 
     training organizations and major commands of the Air Force as 
     a program of record.
       (b) Minimize Cost.--The Secretary of the Air Force shall 
     make efforts to minimize the cost of developing immersive 
     learning training required under subsection (a) by employing 
     software solutions that provide low-code and no-code 
     capabilities--
       (1) to enable members of the Air Force to create, manage, 
     and sustain the curriculum going forward; and
       (2) to enable instructors to record, edit, and adjust 
     courses without added scope or cost.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Air Force shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the progress of the 
     Secretary in incorporating immersive learning platforms into 
     a new program of record to deliver a modernized training 
     capability to members of the Air Force.
                                 ______
                                 
  SA 238. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:


[[Page S2404]]


  

       At the appropriate place in title V, insert the following:

     SEC. __. REPORTING TO DEPARTMENT OF LABOR REGARDING MEMBERS 
                   OF THE ARMED FORCES SCHEDULED TO TRANSITION 
                   FROM SERVICE.

       (a) In General.--Not less than every six months, the 
     Secretary of Defense, in consultation with the service 
     Secretaries, shall provide to the Department of Labor of each 
     State contact information for each member of the Armed Forces 
     scheduled to transition from service in the next six months, 
     including name, current physical address, and civilian email 
     address.
       (b) Opt-out Option.--Members of the Armed Forces and State 
     Departments of Labor shall be provided the opportunity to opt 
     out of providing and receiving the information described in 
     subsection (a).
                                 ______
                                 
  SA 239. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title III, insert the 
     following:

     SEC. 3__. AUTHORIZATION OF AMOUNTS TO THE DEPARTMENT OF 
                   DEFENSE TO BE USED TO CONDUCT ANNUAL AND 
                   PERIODIC INTELLIGENCE, SURVEILLANCE, AND 
                   RECONNAISSANCE TRAINING ALONG THE LAND AND 
                   WATER BORDERS OF THE UNITED STATES.

       (a) Authorization of Amounts.--
       (1) Joint task force north.--The amount authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2024 for operation and maintenance for the Joint Task Force 
     North is hereby increased by $25,000,000.
       (2) Joint interagency task force south.--The amount 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2024 for operation and maintenance for the 
     Joint Interagency Task Force South is hereby increased by 
     $25,000,000.
       (b) Use of Amounts.--
       (1) In general.--The amounts of the increases under 
     paragraphs (1) and (2) of subsection (a) shall be used by 
     aviation units from the Army, Navy, and Air Force to conduct 
     annual and periodic intelligence, surveillance, and 
     reconnaissance training along the land and water borders of 
     the United States.
       (2) Use of camera feeds.--In conducting training under 
     paragraph (1), aviation units described in such paragraph 
     shall provide the live feed from any cameras or sensors used 
     on the aircraft during the training to the Commissioner of 
     U.S. Customs and Border Protection.
                                 ______
                                 
  SA 240. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title XXVIII, insert the 
     following:

     SEC. 28__. USE OF MODULAR CONSTRUCTION TO PROCURE BLAST, 
                   BALLISTIC, OR ENVIRONMENTAL RESISTANT BUILDINGS 
                   FOR THE DEPARTMENT OF DEFENSE.

       (a) In General.--Where appropriate, the Secretary of 
     Defense shall consider the potential cost and time savings 
     offered by procuring blast, ballistic, or environmental 
     resistant buildings for the Department of Defense produced 
     through modular construction.
       (b) Modular Construction Defined.--In this section, the 
     term ``modular construction'' means construction done offsite 
     in a controlled factory environment.
                                 ______
                                 
  SA 241. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. REPEAL OF WAIVER AND TERMINATION PROVISIONS OF 
                   PROTECTING EUROPE'S ENERGY SECURITY ACT OF 
                   2019.

       Section 7503 of the Protecting Europe's Energy Security Act 
     of 2019 (title LXXV of Public Law 116-92; 22 U.S.C. 9526 
     note) is amended by striking subsections (f) and (h).
                                 ______
                                 
  SA 242. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle D of title XXVIII, add the 
     following:

     SEC. 2882. ASSESSMENT OF PUBLIC SCHOOLS ON DEPARTMENT OF 
                   DEFENSE INSTALLATIONS.

       (a) Report Required.--
       (1) Update of 2017 assessment on school capacity and 
     condition.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees an update of the 
     assessment on the capacity and facility condition 
     deficiencies of elementary and secondary public schools on 
     military installations conducted by the Secretary in July 
     2017 under section 2814 of National Defense Authorization Act 
     for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2717). In 
     updating the assessment, the Secretary shall take into 
     consideration factors including--
       (A) schools that have had changes in their condition or 
     capacity since the 2017 assessment; and
       (B) the capacity and facility condition deficiencies of 
     schools omitted from that assessment.
       (2) Additional information.--The Secretary shall include in 
     the update submitted under paragraph (1) a report on the 
     status of the funds already appropriated, and the schedule 
     for completion of projects already approved, under the 
     programs funded under--
       (A) section 8127 of the Consolidated Appropriations Act, 
     2018 (Public Law 115-141; 132 Stat. 492);
       (B) section 8128 of the Department of Defense and Labor, 
     Health and Human Services, and Education Appropriations Act, 
     2019 and Continuing Appropriations Act, 2019 (Public Law 115-
     245; 132 Stat. 3029);
       (C) section 8121 of the Consolidated Appropriations Act, 
     2020 (Public Law 116-93; 133 Stat. 2365);
       (D) section 8118 of the Consolidated Appropriations Act, 
     2021 (Public Law 116-260; 134 Stat. 1332); and
       (E) section 8109 of the Consolidated Appropriations Act, 
     2022 (Public Law 117-103; 136 Stat. 201).
       (b) Comptroller General Evaluation.--Not later than 180 
     days after the date of submission of the report under 
     subsection (a), the Comptroller General of the United States 
     shall submit to the congressional defense committees an 
     evaluation of the updated assessment prepared by the 
     Secretary of Defense under subsection (a)(1), including an 
     evaluation of the accuracy and analytical sufficiency of the 
     updated assessment.
                                 ______
                                 
  SA 243. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. ___. SANCTIONS AGAINST DESTABILIZING IRANIAN-RUSSIAN 
                   AGGRESSION ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Sanctions Against Destabilizing Iranian-Russian Aggression 
     Act of 2023'' or the ``SADIRA Act of 2023''.
       (b) Report on Iranian Cooperation and Sanctions Evasion.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report on cooperation between the 
     Russian Federation and the Islamic Republic of Iran.
       (2) Contents.--The report required by paragraph (1) shall 
     include--
       (A) a description of the scope and extent of damage 
     inflicted on the military and civilian infrastructure of 
     Ukraine by weapons, including unmanned combat aerial 
     vehicles, transferred to the Russian Federation by the 
     Government of the Islamic Republic of Iran, including an 
     estimate of the monetary cost for the reconstruction of such 
     infrastructure;
       (B) a description of any foreign person that, since 2021 
     for the first report and since the previous report for 
     subsequent reports, has facilitated the transfer of arms, 
     including unmanned combat aerial vehicles and fighter jets, 
     between the Russian Federation and the Islamic Republic of 
     Iran, including--
       (i) a determination as to whether any covered Iranian 
     entity has facilitated such transfer;
       (ii) an identification of--

       (I) each Iranian person or Russian person, including the 
     owner or operator of any airport or seaport, that has 
     facilitated such transfer;
       (II) any person over which such an Iranian person or 
     Russian person has significant control;
       (III) each Iranian entity identified under subclause (I) or 
     (II) that has attacked a United States citizen using an 
     unmanned

[[Page S2405]]

     combat aerial vehicle, as defined for the purpose of the 
     United Nations Register of Conventional Arms;
       (IV) any entity over which an entity identified under 
     subclause (III) has significant control; and
       (V) each airport or seaport used by each Iranian person or 
     Russian person identified under subclause (I) to facilitate 
     such transfer;

       (iii) in the case of a positive determination under clause 
     (i) with respect to a covered Iranian entity described in 
     subparagraph (C) or (D) of paragraph (4), an identification 
     of any foreign person that facilitated a significant 
     transaction or transactions with, or provided material 
     support to, the Iran Airports Company or any entity operated 
     by the Iran Airports Company or over which the Iran Airports 
     Company has significant control;
       (C) an identification, including any addresses, of any 
     foreign financial institution that has used any financial 
     messaging system--
       (i) described by the memorandum of understanding between 
     the Russian Federation and the Islamic Republic of Iran, 
     signed in Tehran on January 30, 2023; or
       (ii) otherwise designed to evade sanctions imposed by the 
     United States with respect to the Russian Federation or the 
     Islamic Republic of Iran;
       (D) an identification, including the International Maritime 
     Organization number, the Vessel Identification Number, the 
     current name, any past name, the current flag, and any past 
     flag, of any vessel that was--
       (i) knowingly used by a foreign person for the transport of 
     petroleum or petroleum products from the Islamic Republic of 
     Iran; and
       (ii) subsequently knowingly used by a foreign person for 
     activities that would be prohibited if conducted by a United 
     States person pursuant to sections 1(a)(ii) and 5 of 
     Executive Order 14071 (50 U.S.C. 1701 note; relating to 
     prohibiting new investment in and certain services to the 
     Russian Federation in response to continued Russian 
     Federation aggression);
       (E) an identification, including any addresses, of any 
     foreign financial institution that has--
       (i) knowingly conducted or facilitated any significant 
     financial transaction with the Central Bank of Iran or 
     another sanctioned Iranian financial institution for the 
     purpose of repatriating to the Government of the Islamic 
     Republic of Iran assets subject to restrictions described in 
     section 1245(d) of the National Defense Authorization Act for 
     Fiscal Year 2012 (22 U.S.C. 8513a(d)); or
       (ii) established financial channels for conducting or 
     facilitating any significant financial transaction described 
     in clause (i); and
       (F) a determination as to whether the transfer of an 
     unmanned combat aerial vehicle to the Russian Federation by 
     the Islamic Republic of Iran would still be in violation of 
     United Nations Security Council Resolution 2231 (2015) if 
     such transfer occurred after October 31, 2023.
       (3) Limitation.--Beginning on the date that is 90 days 
     after the date of the enactment of this Act, none of the 
     funds authorized to be appropriated or otherwise made 
     available for the official travel expenses of the Special 
     Envoy for Iran may be obligated or expended until the report 
     required under this section is submitted to the appropriate 
     congressional committees.
       (4) Covered iranian entity defined.--In this section, the 
     term ``covered Iranian entity'' means any of the following:
       (A) The Islamic Revolutionary Guard Corps.
       (B) The Central Bank of Iran.
       (C) The Iran Airports Company.
       (D) Any entity operated by the Iran Airports Company or 
     over which the Iran Airports Company has significant control.
       (c) Sanctions With Respect to Russian-Iranian Transfers of 
     Arms and Sanctions Evasion.--
       (1) Sanctions with respect to the evasion of sanctions 
     imposed with respect to the russian federation.--
       (A) Property blocking.--Subject to section 10(d) of the 
     Support for the Sovereignty, Integrity, Democracy, and 
     Economic Stability of Ukraine Act of 2014 (22 U.S.C. 
     8909(d)), President shall impose, with respect to each 
     foreign person identified pursuant to subparagraphs (C) and 
     (D) and clauses (ii) and (iii) of subparagraph (B) of 
     subsection (b)(2), the sanctions described in section 10(b) 
     of that Act.
       (B) Inclusion on sdn list.--The President shall include on 
     the SDN list each Iranian entity, Russian entity, foreign 
     financial institution, or other foreign person identified 
     pursuant to subparagraphs (C) and (D) and clauses (ii) and 
     (iii) of subparagraph (B) of subsection (b)(2).
       (2) Additional terrorism sanctions with respect to attacks 
     on united states citizens.--
       (A) Designation as foreign terrorist organization.--The 
     President shall designate each Iranian entity identified 
     pursuant to subclause (III) or (IV) of subsection 
     (b)(2)(B)(ii) as a foreign terrorist organization pursuant to 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       (B) Sanctions under executive order 13224.--The President 
     shall impose, with respect to any Iranian entity identified 
     pursuant to subclause (III) or (IV) of subsection 
     (b)(2)(B)(ii), the sanctions applicable with respect to a 
     foreign person pursuant to Executive Order 13224 (50 U.S.C. 
     1701 note; relating to blocking property and prohibiting 
     transactions with persons who commit, threaten to commit, or 
     support terrorism), as in effect on the date of the enactment 
     of this Act.
       (C) Additional restrictions on sanctions with respect to 
     attacks on united states citizens.--The President may not 
     issue any termination or waiver, take any licensing action, 
     or remove any person from the SDN list if such termination, 
     waiver, licensing action, or removal would significantly 
     alter the application of sanctions described in this section 
     with respect to any Iranian entity identified pursuant to 
     subclause (III) or (IV) of subsection (b)(2)(B)(ii) until the 
     date that is not earlier than 10 years after the imposition 
     of such sanctions.
       (d) Application of Existing Sanctions Relating to the 
     Release of Sanctioned Iranian Assets.--
       (1) In general.--With respect to each foreign financial 
     institution identified pursuant to subsection (b)(2)(E), the 
     President shall impose the sanctions described in section 
     1245(d)(1)(A) of the National Defense Authorization Act for 
     Fiscal Year 2012 (22 U.S.C. 8513a(d)(1)(A)).
       (2) Exception related to compensation to ukraine.--The 
     President may not impose sanctions under paragraph (1) if the 
     President submits to the appropriate congressional committees 
     a certification that the Government of the Islamic Republic 
     of Iran has fully compensated the Government of Ukraine for 
     reconstruction in an amount not less than the estimate 
     provided pursuant to subsection (b)(2)(A).
       (3) Requirement related to prior compensation owed to 
     american citizens.--The President may not submit the 
     certification under paragraph (2) until the President 
     transmits to the appropriate congressional committees a 
     certification that the Government of the Islamic Republic of 
     Iran has fully compensated each United States person with an 
     outstanding judgment rendered by a United States court 
     against the Government of the Islamic Republic of Iran.
       (e) Application of Existing Sanctions Relating to Iranian 
     Civil Aviation.--
       (1) In general.--The President may not issue any 
     termination or waiver, take any licensing action, or remove 
     any person from the SDN list if such termination, waiver, 
     licensing action, or removal would authorize the export or 
     reexport by a foreign person of eligible aircrafts to the 
     Islamic Republic of Iran on temporary sojourn otherwise 
     restricted under part 560 of title 31, Code of Federal 
     Regulations (commonly known as the ``Iranian Transactions and 
     Sanctions Regulations'').
       (2) Application to existing actions.--Any termination, 
     waiver, or licensing action described in paragraph (1) and 
     issued before the date of the enactment of this Act, 
     including General License J-1 of the Office of Foreign Assets 
     Control, is rescinded and may not be reissued.
       (3) Exception for negative determination related to the 
     iran airports company.--If the President has made a negative 
     determination with respect to all covered Iranian entities 
     described in paragraphs (C) and (D) of subsection (b)(4) 
     pursuant to subsection (b)(2)(B)(i) in the most recent report 
     submitted under section 2, the President may take actions 
     otherwise prohibited by subsection (a).
       (f) Application of Existing Sanctions Relating to Russian 
     Ports.--
       (1) In general.--With respect to any port or facility in 
     the Russian Federation, the Secretary shall impose the 
     sanctions described in section 70110(a) of title 46, United 
     States Code.
       (2) Waiver.--If the Secretary has previously determined 
     during the last review period described under section 70108 
     of title 46, United States Code, that a port or facility in 
     the Russian Federation is maintaining effective anti-
     terrorism measures and such port or facility has not been 
     identified pursuant to subsection (b)(2)(B)(ii)(V), the 
     Secretary may waive the application of subsection (a) with 
     respect to such port or facility.
       (3) Restriction on periodic review.--With the exception of 
     paragraph (2), the Secretary may not issue any termination or 
     waiver or take any licensing action if such termination, 
     waiver, or licensing action would significantly alter the 
     application of sanctions described in paragraph (1) until the 
     date that is not earlier than 2 years after the imposition of 
     such sanctions.
       (4) Secretary defined.--In this section, the term 
     ``Secretary'' has the meaning given that term in section 
     70101 of title 46, United States Code.
       (g) Application of Existing Sanctions Relating to Russian-
     Iranian Nuclear Cooperation.--
       (1) In general.--The President may not issue any 
     termination or waiver, take any licensing action, or remove 
     any person from the SDN list if such termination, waiver, 
     licensing action, or removal would significantly alter the 
     application of sanctions under section 1244, 1245, 1246, or 
     1247 of the Iran Freedom and Counter-Proliferation Act of 
     2012 (22 U.S.C. 8803 et seq.) to permit transactions in 
     connection with the nuclear program of the Islamic Republic 
     of Iran involving Russian persons.
       (2) Application to existing actions.--Any termination, 
     waiver, or licensing action described in paragraph (1) in 
     effect before the date of the enactment of this Act is 
     rescinded and may not be reissued unless modified to exclude 
     any transaction in connection

[[Page S2406]]

     with the nuclear program of the Islamic Republic of Iran 
     involving a Russian person.
       (h) Definitions.--
       (1) In general.--In this Act:
       (A) 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.
       (B) Eligible aircraft.--The term ``eligible aircraft'' 
     means a fixed-wing civil aircraft of United States origin or 
     that consists of at least 10 percent of United States 
     controlled content and that--
       (i) is classified under Export Control Classification 
     Number (ECCN) 9A99l.b on the Commerce Control List (as set 
     forth in Supplement No. 1 to part 774 of the Export 
     Administration Regulations under subchapter C of chapter VII 
     of title 15, Code of Federal Regulations); and
       (ii) is registered in a jurisdiction other than the United 
     States or any country in Country Group E:1 of Supplement No.1 
     to Part 740 of the Export Administration Regulations.
       (C) Foreign person.--The term ``foreign person'' means an 
     individual or entity that is not a United States person.
       (D) Iran airport company.--The term ``Iran Airport 
     Company'' means the Iran Airports and Air Navigation Company 
     and the Iranian Airports Holding Company.
       (E) Iranian entity.--The term ``Iranian entity'' means an 
     entity organized under the laws of the Islamic Republic of 
     Iran or otherwise subject to the jurisdiction of the 
     Government of Iran, including--
       (i) the Islamic Revolutionary Guard Corps; and
       (ii) the Central Bank of the Islamic Republic of Iran.
       (F) Iranian person.--The term ``Iranian person'' means--
       (i) an individual who is a citizen or national of the 
     Islamic Republic of Iran; or
       (ii) an Iranian entity.
       (G) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (H) Russian entity.--The term ``Russian entity'' means an 
     entity organized under the laws of Russia or otherwise 
     subject to the jurisdiction of the Russia Federation, 
     including Rosatom State Nuclear Energy Corporation (commonly 
     known as ``ROSATOM''), or a successor entity.
       (I) Russian person.--The term ``Russian person'' means--
       (i) an individual who is a citizen or national of the 
     Russian Federation; or
       (ii) a Russian entity.
       (J) Sanctioned iranian financial institution.--The term 
     ``sanctioned Iranian financial institution'' means an Iranian 
     financial institution (as that term is defined in section 
     104A of the Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2010 (22 U.S.C. 8513b)) designated by the 
     Secretary of the Treasury for the imposition of sanctions 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.).
       (K) SDN list.--The term ``SDN list'' means the list of 
     specially designated nationals and blocked persons maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury.
       (L) Significant control.--The term ``significant control'', 
     with respect to an entity, means an ownership interest in the 
     entity that is equal to or greater than 10 percent.
       (M) United states person.--The term ``United States 
     person'' means--
       (i) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (ii) an entity organized under the laws of the United 
     States or of any jurisdiction within the United States, 
     including a foreign branch of such an entity.
       (2) Determinations of significance.--For purposes of this 
     section, in determining if financial transactions are 
     significant, the President may consider the totality of the 
     facts and circumstances, including factors similar to the 
     factors set forth in section 561.404 of title 31, Code of 
     Federal Regulations (or any corresponding similar regulation 
     or ruling).
                                 ______
                                 
  SA 244. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title I, insert the following:

     SEC. ___. EXTENSION OF PROHIBITION ON CERTAIN REDUCTIONS TO 
                   B-1 BOMBER AIRCRAFT SQUADRONS.

       Section 133(c)(1) of the National Defense Authorization Act 
     for Fiscal Year 2022 (Public Law 117-81; 135 Stat. 1574) is 
     amended by striking ``September 30, 2023'' and inserting 
     ``September 30, 2028''.
                                 ______
                                 
  SA 245. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 124. ADDITIONAL FUNDING FOR PROCUREMENT OF CMV-22 
                   AIRCRAFT.

       The amount authorized to be appropriated for fiscal year 
     2024 by section 101 and available for aircraft procurement, 
     Navy, as specified in the corresponding funding table in 
     section 4101, for V-22 (medium lift), Line 8, is hereby 
     increased by $755,574,000, with the amount of the increase to 
     be available for the procurement of six additional CMV-22 
     aircraft.
                                 ______
                                 
  SA 246. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     SEC. __. PROHIBITION OF ESTABLISHMENT OR MAINTENANCE OF A 
                   UNIT OF THE JUNIOR RESERVE OFFICERS' TRAINING 
                   CORPS AT AN EDUCATIONAL INSTITUTION OWNED, 
                   OPERATED, OR CONTROLLED BY THE CHINESE 
                   COMMUNIST PARTY.

       Section 2031 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(i) No unit may be established or maintained at an 
     educational institution that is owned, operated, or 
     controlled by a person that--
       ``(1) is the People's Republic of China;
       ``(2) is a member of the Chinese Communist Party;
       ``(3) is a member of the People's Liberation Army;
       ``(4) is identified by the Secretary of Defense under 
     section 1260H(a) of the William M. (Mac) Thornberry National 
     Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 
     note) as a Chinese military company;
       ``(5) is included in the Non-SDN Chinese Military-
     Industrial Complex Companies List published by the Department 
     of the Treasury; or
       ``(6) is owned by or controlled by or is an agency or 
     instrumentality of any person described in paragraphs (1) 
     through (5).''.
                                 ______
                                 
  SA 247. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2__. STRATEGY ON SOLID ROCKET DEVELOPMENT.

       (a) Strategy Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a strategy to ensure the United 
     States remains at the forefront in solid rocket development 
     by continuing investments in additive manufacturing solid 
     rocket propellants.
       (b) Elements.--The strategy submitted pursuant to 
     subsection (a) shall include strategies for the following:
       (1) Bringing new entrants into the solid rocket motor 
     industrial base of the United States.
       (2) Accelerating manufacturing technologies that can help 
     meet the replenishment needs in critical munitions.
       (3) Ensuring that competitive procurements are used and 
     nontraditional providers are encouraged to compete and become 
     qualified new entrants.
                                 ______
                                 
  SA 248. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title II, insert the following:

[[Page S2407]]

  


     SEC. ___. ADDITIONAL FUNDING FOR TESTING OF HYPERSONIC WEAPON 
                   SYSTEMS WITH B-1 BOMBER.

       The amount authorized to be appropriated for fiscal year 
     2024 by section 201 for research, development, test, and 
     evaluation is hereby increased by $30,000,000, with the 
     amount of the increase to be available for the testing of 
     hypersonic weapon systems with the B-1 bomber.
                                 ______
                                 
  SA 249. Mr. HICKENLOOPER (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10___. STUDY ON THE ENERGY RESILIENCE AND RELIABILITY 
                   POSTURE OF MILITARY DEPARTMENTS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Defense, in consultation with the 
     Secretaries of the military departments, shall conduct, and 
     submit to the congressional defense committees a report 
     (which may include a classified annex, if necessary) 
     describing the results of, a study on the energy resilience 
     and reliability posture of each military department, 
     including--
       (1) by identifying any risks to mission readiness posed by 
     inadequate or insufficient domestic electric grid 
     infrastructure or the inability to adequately transfer power 
     between regions of the United States; and
       (2) by identifying the potential national security benefits 
     of deploying technologies allowing for superior control of 
     power flows, such as high-voltage direct current 
     transmission.
                                 ______
                                 
  SA 250. Mr. MANCHIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. METHANE WASTE EMISSIONS CHARGE.

       (a) Amendment to Reporting Period.--Section 136(g) of the 
     Clean Air Act (42 U.S.C. 7436(g)) is amended by striking 
     ``The charge'' and inserting ``Except as provided in 
     subsection (f)(5), the charge''.
       (b) Exemption.--Section 136(f)(5) of the Clean Air Act (42 
     U.S.C. 7436(f)(5)) is amended--
       (1) in the paragraph heading, by striking ``Exemption'' and 
     inserting ``Exemptions'';
       (2) by striking ``such emissions are caused'' and inserting 
     the following: ``such emissions--
       ``(A) are caused'';
       (3) in subparagraph (A) (as so designated), by striking the 
     period at the end and inserting ``; or''; and
       (4) by adding at the end the following:
       ``(B) occur before the date that is 1 year after the later 
     of--
       ``(i) the date on which financial assistance is provided 
     from the amounts appropriated in subsections (a) and (b) to 
     owners and operators of applicable facilities in the industry 
     segments listed in subsection (d); and
       ``(ii) the initial effective date of final regulations or 
     guidance issued by the Administrator for implementing 
     subsection (c) and this subsection.''.
                                 ______
                                 
  SA 251. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

                   Subtitle H--STOP CSAM Act of 2023

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Strengthening 
     Transparency and Obligations to Protect Children Suffering 
     from Abuse and Mistreatment Act of 2023'' or the ``STOP CSAM 
     Act of 2023''.

     SEC. 1092. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL 
                   COURT.

       (a) In General.--Section 3509 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), by striking ``or exploitation'' 
     and inserting ``exploitation, or kidnapping, including 
     international parental kidnapping'';
       (B) in paragraph (3), by striking ``physical or mental 
     injury'' and inserting ``physical injury, psychological 
     abuse'';
       (C) by striking paragraph (5) and inserting the following:
       ``(5) the term `psychological abuse' includes--
       ``(A) a pattern of acts, threats of acts, or coercive 
     tactics intended to degrade, humiliate, intimidate, or 
     terrorize a child; and
       ``(B) the infliction of trauma on a child through--
       ``(i) isolation;
       ``(ii) the withholding of food or other necessities in 
     order to control behavior;
       ``(iii) physical restraint; or
       ``(iv) the confinement of the child without the child's 
     consent and in degrading conditions;'';
       (D) in paragraph (6), by striking ``child prostitution'' 
     and inserting ``child sex trafficking'';
       (E) by striking paragraph (7) and inserting the following:
       ``(7) the term `multidisciplinary child abuse team' means a 
     professional unit of individuals working together to 
     investigate child abuse and provide assistance and support to 
     a victim of child abuse, composed of representatives from--
       ``(A) health, social service, and legal service agencies 
     that represent the child;
       ``(B) law enforcement agencies and prosecutorial offices; 
     and
       ``(C) children's advocacy centers;'';
       (F) in paragraph (9)(D)--
       (i) by striking ``genitals'' and inserting ``anus, 
     genitals,''; and
       (ii) by striking ``or animal'';
       (G) in paragraph (11), by striking ``and'' at the end;
       (H) in paragraph (12)--
       (i) by striking ``the term `child abuse' does not'' and 
     inserting ``the terms `physical injury' and `psychological 
     abuse' do not''; and
       (ii) by striking the period and inserting a semicolon; and
       (I) by adding at the end the following:
       ``(13) the term `covered person' means a person of any age 
     who--
       ``(A) is or is alleged to be--
       ``(i) a victim of a crime of physical abuse, sexual abuse, 
     exploitation, or kidnapping, including international parental 
     kidnapping; or
       ``(ii) a witness to a crime committed against another 
     person; and
       ``(B) was under the age of 18 when the crime described in 
     subparagraph (A) was committed; and
       ``(14) the term `protected information', with respect to a 
     covered person, includes--
       ``(A) personally identifiable information of the covered 
     person, including--
       ``(i) the name of the covered person;
       ``(ii) an address;
       ``(iii) a phone number;
       ``(iv) a user name or identifying information for an 
     online, social media, or email account; and
       ``(v) any information that can be used to distinguish or 
     trace the identity of the covered person, either alone or 
     when combined with other information that is linked or 
     linkable to the covered person;
       ``(B) medical, dental, behavioral, psychiatric, or 
     psychological information of the covered person;
       ``(C) educational or juvenile justice records of the 
     covered person; and
       ``(D) any other information concerning the covered person 
     that is deemed `protected information' by order of the court 
     under subsection (d)(5).'';
       (2) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``minor'' and 
     inserting ``child''; and
       (B) in paragraph (2)--
       (i) in the heading, by striking ``Videotaped'' and 
     inserting ``Recorded'';
       (ii) in subparagraph (A), by striking ``that the deposition 
     be recorded and preserved on videotape'' and inserting ``that 
     a video recording of the deposition be made and preserved'';
       (iii) in subparagraph (B)--

       (I) in clause (ii), by striking ``that the child's 
     deposition be taken and preserved by videotape'' and 
     inserting ``that a video recording of the child's deposition 
     be made and preserved'';
       (II) in clause (iii)--

       (aa) in the matter preceding subclause (I), by striking 
     ``videotape'' and inserting ``recorded''; and
       (bb) in subclause (IV), by striking ``videotape'' and 
     inserting ``recording''; and

       (III) in clause (v)--

       (aa) in the heading, by striking ``videotape'' and 
     inserting ``video recording'';
       (bb) in the first sentence, by striking ``made and 
     preserved on video tape'' and inserting ``recorded and 
     preserved''; and
       (cc) in the second sentence, by striking ``videotape'' and 
     inserting ``video recording'';
       (iv) in subparagraph (C), by striking ``child's 
     videotaped'' and inserting ``video recording of the 
     child's'';
       (v) in subparagraph (D)--

       (I) by striking ``videotaping'' and inserting 
     ``deposition''; and
       (II) by striking ``videotaped'' and inserting ``recorded'';

       (vi) in subparagraph (E), by striking ``videotaped'' and 
     inserting ``recorded''; and
       (vii) in subparagraph (F), by striking ``videotape'' each 
     place the term appears and inserting ``video recording'';
       (3) in subsection (d)--
       (A) in paragraph (1)(A)--
       (i) in clause (i), by striking ``the name of or any other 
     information concerning a child'' and inserting ``a covered 
     person's protected information''; and
       (ii) in clause (ii)--

       (I) by striking ``documents described in clause (i) or the 
     information in them that

[[Page S2408]]

     concerns a child'' and inserting ``a covered person's 
     protected information''; and
       (II) by striking ``, have reason to know such information'' 
     and inserting ``(including witnesses or potential witnesses), 
     have reason to know each item of protected information to be 
     disclosed'';

       (B) in paragraph (2)--
       (i) by striking ``the name of or any other information 
     concerning a child'' each place the term appears and 
     inserting ``a covered person's protected information'';
       (ii) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (iii) by striking ``All papers'' and inserting the 
     following:
       ``(A) In general.--All papers''; and
       (iv) by adding at the end the following:
       ``(B) Enforcement of violations.--The court may address a 
     violation of subparagraph (A) in the same manner as 
     disobedience or resistance to a lawful court order under 
     section 401(3).'';
       (C) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) by striking ``a child from public disclosure of the 
     name of or any other information concerning the child'' and 
     inserting ``a covered person's protected information from 
     public disclosure''; and
       (II) by striking ``, if the court determines that there is 
     a significant possibility that such disclosure would be 
     detrimental to the child'';

       (ii) in subparagraph (B)--

       (I) in clause (i)--

       (aa) by striking ``a child witness, and the testimony of 
     any other witness'' and inserting ``any witness''; and
       (bb) by striking ``the name of or any other information 
     concerning a child'' and inserting ``a covered person's 
     protected information''; and

       (II) in clause (ii), by striking ``child'' and inserting 
     ``covered person''; and

       (iii) by adding at the end the following:
       ``(C)(i) For purposes of this paragraph, there shall be a 
     presumption that public disclosure of a covered person's 
     protected information would be detrimental to the covered 
     person.
       ``(ii) The court shall deny a motion for a protective order 
     under subparagraph (A) only if the court finds that the party 
     opposing the motion has rebutted the presumption under clause 
     (i) of this subparagraph.'';
       (D) in paragraph (4)--
       (i) by striking ``This subsection'' and inserting the 
     following:
       ``(A) Disclosure to certain parties.--This subsection'';
       (ii) in subparagraph (A), as so designated--

       (I) by striking ``the name of or other information 
     concerning a child'' and inserting ``a covered person's 
     protected information''; and
       (II) by striking ``or an adult attendant, or to'' and 
     inserting ``an adult attendant, a law enforcement agency for 
     any intelligence or investigative purpose, or''; and

       (iii) by adding at the end the following:
       ``(B) Request for public disclosure.--If any party requests 
     public disclosure of a covered person's protected information 
     to further a public interest, the court shall deny the 
     request unless the court finds that--
       ``(i) the party seeking disclosure has established that 
     there is a compelling public interest in publicly disclosing 
     the covered person's protected information;
       ``(ii) there is a substantial probability that the public 
     interest would be harmed if the covered person's protected 
     information is not disclosed;
       ``(iii) the substantial probability of harm to the public 
     interest outweighs the harm to the covered person from public 
     disclosure of the covered person's protected information; and
       ``(iv) there is no alternative to public disclosure of the 
     covered person's protected information that would adequately 
     protect the public interest.''; and
       (E) by adding at the end the following:
       ``(5) Other protected information.--The court may order 
     that information shall be considered to be `protected 
     information' for purposes of this subsection if the court 
     finds that the information is sufficiently personal, 
     sensitive, or identifying that it should be subject to the 
     protections and presumptions under this subsection.'';
       (4) by striking subsection (f) and inserting the following:
       ``(f) Victim Impact Statement.--
       ``(1) Probation officer.--In preparing the presentence 
     report pursuant to rule 32(c) of the Federal Rules of 
     Criminal Procedure, the probation officer shall request 
     information from the multidisciplinary child abuse team, if 
     applicable, or other appropriate sources to determine the 
     impact of the offense on a child victim and any other 
     children who may have been affected by the offense.
       ``(2) Guardian ad litem.--A guardian ad litem appointed 
     under subsection (h) shall--
       ``(A) make every effort to obtain and report information 
     that accurately expresses the views of a child victim, and 
     the views of family members as appropriate, concerning the 
     impact of the offense; and
       ``(B) use forms that permit a child victim to express the 
     child's views concerning the personal consequences of the 
     offense, at a level and in a form of communication 
     commensurate with the child's age and ability.'';
       (5) in subsection (h), by adding at the end the following:
       ``(4) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to the United States courts to carry out this subsection 
     $25,000,000 for each fiscal year.
       ``(B) Supervision of payments.--Payments from 
     appropriations authorized under subparagraph (A) shall be 
     made under the supervision of the Director of the 
     Administrative Office of the United States Courts.'';
       (6) in subsection (i)--
       (A) by striking ``A child testifying at or attending a 
     judicial proceeding'' and inserting the following:
       ``(1) In general.--A child testifying at a judicial 
     proceeding, including in a manner described in subsection 
     (b),'';
       (B) in paragraph (1), as so designated--
       (i) in the third sentence, by striking ``proceeding'' and 
     inserting ``testimony''; and
       (ii) by striking the fifth sentence; and
       (C) by adding at the end the following:
       ``(2) Recording.--If the adult attendant is in close 
     physical proximity to or in contact with the child while the 
     child testifies--
       ``(A) at a judicial proceeding, a video recording of the 
     adult attendant shall be made and shall become part of the 
     court record; or
       ``(B) in a manner described in subsection (b), the adult 
     attendant shall be visible on the closed-circuit television 
     or in the recorded deposition.
       ``(3) Covered persons attending proceeding.--A covered 
     person shall have the right to be accompanied by an adult 
     attendant when attending any judicial proceeding.'';
       (7) in subsection (j)--
       (A) by striking ``child'' each place the term appears and 
     inserting ``covered person''; and
       (B) in the fourth sentence--
       (i) by striking ``and the potential'' and inserting ``, the 
     potential'';
       (ii) by striking ``child's'' and inserting ``covered 
     person's''; and
       (iii) by inserting before the period at the end the 
     following: ``, and the necessity of the continuance to 
     protect the defendant's rights'';
       (8) in subsection (k), by striking ``child'' each place the 
     term appears and inserting ``covered person''; and
       (9) in subsection (l), by striking ``child'' each place the 
     term appears and inserting ``covered person''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to conduct that occurs before, on, or after the 
     date of enactment of this Act.

     SEC. 1093. FACILITATING PAYMENT OF RESTITUTION; TECHNICAL 
                   AMENDMENTS TO RESTITUTION STATUTES.

       Title 18, United States Code, is amended--
       (1) in section 1593(c)--
       (A) by inserting ``(1)'' after ``(c)'';
       (B) by striking ``chapter, including, in'' and inserting 
     the following: ``chapter.
       ``(2) In''; and
       (C) in paragraph (2), as so designated, by inserting ``may 
     assume the rights of the victim under this section'' after 
     ``suitable by the court'';
       (2) in section 2248(c)--
       (A) by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes'';
       (B) by striking ``chapter, including, in'' and inserting 
     the following: ``chapter.
       ``(2) Assumption of crime victim's rights.--In''; and
       (C) in paragraph (2), as so designated, by inserting ``may 
     assume the rights of the victim under this section'' after 
     ``suitable by the court'';
       (3) in section 2259--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``Directions.--Except as 
     provided in paragraph (2), the'' and inserting ``Restitution 
     for child pornography production.--If the defendant was 
     convicted of child pornography production, the''; and
       (ii) in paragraph (2)(B), by striking ``$3,000.'' and 
     inserting the following: ``--
       ``(i) $3,000; or
       ``(ii) 10 percent of the full amount of the victim's 
     losses, if the full amount of the victim's losses is less 
     than $3,000.''; and
       (B) in subsection (c)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) Child pornography production.--For purposes of this 
     section and section 2259A, the term `child pornography 
     production' means--
       ``(A) a violation of subsection (a), (b), or (c) of section 
     2251, or an attempt or conspiracy to violate any of those 
     subsections under subsection (e) of that section;
       ``(B) a violation of section 2251A;
       ``(C) a violation of section 2252(a)(4) or 2252A(a)(5), or 
     an attempt or conspiracy to violate either of those sections 
     under section 2252(b)(2) or 2252A(b)(2), to the extent such 
     conduct involves child pornography--
       ``(i) produced by the defendant; or
       ``(ii) that the defendant attempted or conspired to 
     produce;
       ``(D) a violation of section 2252A(g) if the series of 
     felony violations involves not fewer than 1 violation--
       ``(i) described in subparagraph (A), (B), (E), or (F) of 
     this paragraph;
       ``(ii) of section 1591; or
       ``(iii) of section 1201, chapter 109A, or chapter 117, if 
     the victim is a minor;
       ``(E) a violation of subsection (a) of section 2260, or an 
     attempt or conspiracy to violate that subsection under 
     subsection (c)(1) of that section;
       ``(F) a violation of section 2260B(a)(2) for promoting or 
     facilitating an offense--
       ``(i) described in subparagraph (A), (B), (D), or (E) of 
     this paragraph; or
       ``(ii) under section 2422(b); and

[[Page S2409]]

       ``(G) a violation of chapter 109A or chapter 117, if the 
     offense involves the production or attempted production of, 
     or conspiracy to produce, child pornography.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Trafficking in child pornography.--For purposes of 
     this section and section 2259A, the term `trafficking in 
     child pornography' means--
       ``(A) a violation of subsection (d) of section 2251 or an 
     attempt or conspiracy to violate that subsection under 
     subsection (e) of that section;
       ``(B) a violation of paragraph (1), (2), or (3) of 
     subsection (a) of section 2252, or an attempt or conspiracy 
     to violate any of those paragraphs under subsection (b)(1) of 
     that section;
       ``(C) a violation of section 2252(a)(4) or 2252A(a)(5), or 
     an attempt or conspiracy to violate either of those sections 
     under section 2252(b)(2) or 2252A(b)(2), to the extent such 
     conduct involves child pornography--
       ``(i) not produced by the defendant; or
       ``(ii) that the defendant did not attempt or conspire to 
     produce;
       ``(D) a violation of paragraph (1), (2), (3), (4), or (6) 
     of subsection (a) of section 2252A, or an attempt or 
     conspiracy to violate any of those paragraphs under 
     subsection (b)(1) of that section;
       ``(E) a violation of subsection (a)(7) of section 2252A, or 
     an attempt or conspiracy to violate that subsection under 
     subsection (b)(3) of that section;
       ``(F) a violation of section 2252A(g) if the series of 
     felony violations exclusively involves violations described 
     in this paragraph;
       ``(G) a violation of subsection (b) of section 2260, or an 
     attempt or conspiracy to violate that subsection under 
     subsection (c)(2) of that section; and
       ``(H) a violation of subsection (a)(1) of section 2260B, or 
     a violation of subsection (a)(2) of that section for 
     promoting or facilitating an offense described in this 
     paragraph.'';
       (4) in section 2259A(a)--
       (A) in paragraph (1), by striking ``under section 
     2252(a)(4) or 2252A(a)(5)'' and inserting ``described in 
     section 2259(c)(3)(C)''; and
       (B) in paragraph (2), by striking ``any other offense for 
     trafficking in child pornography'' and inserting ``any 
     offense for trafficking in child pornography other than an 
     offense described in section 2259(c)(3)(C)'';
       (5) in section 2429--
       (A) in subsection (b)(3), by striking ``2259(b)(3)'' and 
     inserting ``2259(c)(2)''; and
       (B) in subsection (d)--
       (i) by inserting ``(1)'' after ``(d)'';
       (ii) by striking ``chapter, including, in'' and inserting 
     the following: ``chapter.
       ``(2) In''; and
       (iii) in paragraph (2), as so designated, by inserting 
     ``may assume the rights of the victim under this section'' 
     after ``suitable by the court''; and
       (6) in section 3664, by adding at the end the following:
       ``(q) Trustee or Other Fiduciary.--
       ``(1) In general.--
       ``(A) Appointment of trustee or other fiduciary.--When the 
     court issues an order of restitution under section 1593, 
     2248, 2259, 2429, or 3663, or subparagraphs (A)(i) and (B) of 
     section 3663A(c)(1), for a victim described in subparagraph 
     (B) of this paragraph, the court, at its own discretion or 
     upon motion by the Government, may appoint a trustee or other 
     fiduciary to hold any amount paid for restitution in a trust 
     or other official account for the benefit of the victim.
       ``(B) Covered victims.--A victim referred to in 
     subparagraph (A) is a victim who is--
       ``(i) under the age of 18 at the time of the proceeding;
       ``(ii) incompetent or incapacitated; or
       ``(iii) subject to paragraph (3), a foreign citizen or 
     stateless person residing outside the United States.
       ``(2) Order.--When the court appoints a trustee or other 
     fiduciary under paragraph (1), the court shall issue an order 
     specifying--
       ``(A) the duties of the trustee or other fiduciary, which 
     shall require--
       ``(i) the administration of the trust or maintaining an 
     official account in the best interests of the victim; and
       ``(ii) disbursing payments from the trust or account--

       ``(I) to the victim; or
       ``(II) to any individual or entity on behalf of the victim;

       ``(B) that the trustee or other fiduciary--
       ``(i) shall avoid any conflict of interest;
       ``(ii) may not profit from the administration of the trust 
     or maintaining an official account for the benefit of the 
     victim other than as specified in the order; and
       ``(iii) may not delegate administration of the trust or 
     maintaining the official account to any other person;
       ``(C) if and when the trust or the duties of the other 
     fiduciary will expire; and
       ``(D) the fees payable to the trustee or other fiduciary to 
     cover expenses of administering the trust or maintaining the 
     official account for the benefit of the victim, and the 
     schedule for payment of those fees.
       ``(3) Fact-finding regarding foreign citizens and stateless 
     person.--In the case of a victim who is a foreign citizen or 
     stateless person residing outside the United States and is 
     not under the age of 18 at the time of the proceeding or 
     incompetent or incapacitated, the court may appoint a trustee 
     or other fiduciary under paragraph (1) only if the court 
     finds it necessary to--
       ``(A) protect the safety or security of the victim; or
       ``(B) provide a reliable means for the victim to access or 
     benefit from the restitution payments.
       ``(4) Payment of fees.--
       ``(A) In general.--The court may, with respect to the fees 
     of the trustee or other fiduciary--
       ``(i) pay the fees in whole or in part; or
       ``(ii) order the defendant to pay the fees in whole or in 
     part.
       ``(B) Applicability of other provisions.--With respect to a 
     court order under subparagraph (A)(ii) requiring a defendant 
     to pay fees--
       ``(i) subsection (f)(3) shall apply to the court order in 
     the same manner as that subsection applies to a restitution 
     order;
       ``(ii) subchapter C of chapter 227 (other than section 
     3571) shall apply to the court order in the same manner as 
     that subchapter applies to a sentence of a fine; and
       ``(iii) subchapter B of chapter 229 shall apply to the 
     court order in the same manner as that subchapter applies to 
     the implementation of a sentence of a fine.
       ``(C) Effect on other penalties.--Imposition of payment 
     under subparagraph (A)(ii) shall not relieve a defendant of, 
     or entitle a defendant to a reduction in the amount of, any 
     special assessment, restitution, other fines, penalties, or 
     costs, or other payments required under the defendant's 
     sentence.
       ``(D) Schedule.--Notwithstanding any other provision of 
     law, if the court orders the defendant to make any payment 
     under subparagraph (A)(ii), the court may provide a payment 
     schedule that is concurrent with the payment of any other 
     financial obligation described in subparagraph (C).
       ``(5) Authorization of appropriations.--
       ``(A) In general.--There is authorized to be appropriated 
     to the United States courts to carry out this subsection 
     $15,000,000 for each fiscal year.
       ``(B) Supervision of payments.--Payments from 
     appropriations authorized under subparagraph (A) shall be 
     made under the supervision of the Director of the 
     Administrative Office of the United States Courts.''.

     SEC. 1094. CYBERTIPLINE IMPROVEMENTS, AND ACCOUNTABILITY AND 
                   TRANSPARENCY BY THE TECH INDUSTRY.

       (a) In General.--Chapter 110 of title 18, United States 
     Code, is amended--
       (1) in section 2258A--
       (A) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Duty To Report.--
       ``(1) Duty.--In order to reduce the proliferation of online 
     child exploitation and to prevent the online sexual 
     exploitation of children, as soon as reasonably possible 
     after obtaining actual knowledge of any facts or 
     circumstances described in paragraph (2) or any apparent 
     child pornography on the provider's service, and in any event 
     not later than 60 days after obtaining such knowledge, a 
     provider shall submit to the CyberTipline of NCMEC, or any 
     successor to the CyberTipline operated by NCMEC, a report 
     containing--
       ``(A) the mailing address, telephone number, facsimile 
     number, electronic mailing address of, and individual point 
     of contact for, such provider; and
       ``(B) information described in subsection (b) concerning 
     such facts or circumstances or apparent child pornography.
       ``(2) Facts or circumstances.--The facts or circumstances 
     described in this paragraph are any facts or circumstances 
     indicating an apparent, planned, or imminent violation of 
     section 2251, 2251A, 2252, 2252A, 2252B, or 2260.
       ``(3) Permitted actions based on reasonable belief.--In 
     order to reduce the proliferation of online child 
     exploitation and to prevent the online sexual exploitation of 
     children, if a provider has a reasonable belief that any 
     facts or circumstances described in paragraph (2) exist, the 
     provider may submit to the CyberTipline of NCMEC, or any 
     successor to the CyberTipline operated by NCMEC, a report 
     described in paragraph (1).
       ``(b) Contents of Report.--
       ``(1) In general.--In an effort to prevent the future 
     sexual victimization of children, and to the extent the 
     information is within the custody or control of a provider, 
     each report provided under paragraph (1) or (3) of subsection 
     (a)--
       ``(A) shall include, to the extent that it is applicable 
     and reasonably available--
       ``(i) identifying information regarding any individual who 
     is the subject of the report, including name, address, 
     electronic mail address, user or account identification, 
     Internet Protocol address, and uniform resource locator;
       ``(ii) the terms of service in effect at the time of--

       ``(I) the apparent violation; or
       ``(II) the detection of apparent child pornography or a 
     planned or imminent violation;

       ``(iii) a copy of any apparent child pornography that is 
     the subject of the report that was identified in a publicly 
     available location;
       ``(iv) for each item of apparent child pornography included 
     in the report under clause (iii) or paragraph (2)(C), 
     information indicating whether--

       ``(I) the apparent child pornography was publicly 
     available; or
       ``(II) the provider, in its sole discretion, viewed the 
     apparent child pornography, or any copy thereof, at any point 
     concurrent with or prior to the submission of the report; and

[[Page S2410]]

       ``(v) for each item of apparent child pornography that is 
     the subject of the report, an indication as to whether the 
     apparent child pornography--

       ``(I) has previously been the subject of a report under 
     paragraph (1) or (3) of subsection (a); or
       ``(II) is the subject of multiple contemporaneous reports 
     due to rapid and widespread distribution; and

       ``(B) may, at the sole discretion of the provider, include 
     the information described in paragraph (2) of this 
     subsection.
       ``(2) Other information.--The information referred to in 
     paragraph (1)(B) is the following:
       ``(A) Historical reference.--Information relating to when 
     and how a customer or subscriber of a provider uploaded, 
     transmitted, or received content relating to the report or 
     when and how content relating to the report was reported to, 
     or discovered by the provider, including a date and time 
     stamp and time zone.
       ``(B) Geographic location information.--Information 
     relating to the geographic location of the involved 
     individual or website, which may include the Internet 
     Protocol address or verified address, or, if not reasonably 
     available, at least one form of geographic identifying 
     information, including area code or zip code, provided by the 
     customer or subscriber, or stored or obtained by the 
     provider.
       ``(C) Apparent child pornography.--Any apparent child 
     pornography not described in paragraph (1)(A)(iii), or other 
     content related to the subject of the report.
       ``(D) Complete communication.--The complete communication 
     containing any apparent child pornography or other content, 
     including--
       ``(i) any data or information regarding the transmission of 
     the communication; and
       ``(ii) any visual depictions, data, or other digital files 
     contained in, or attached to, the communication.
       ``(E) Technical identifier.--An industry-standard hash 
     value or other similar industry-standard technical identifier 
     for any reported visual depiction as it existed on the 
     provider's service.
       ``(F) Description.--For any item of apparent child 
     pornography that is the subject of the report, an indication 
     of whether--
       ``(i) the depicted sexually explicit conduct involves--

       ``(I) genital, oral, or anal sexual intercourse;
       ``(II) bestiality;
       ``(III) masturbation;
       ``(IV) sadistic or masochistic abuse; or
       ``(V) lascivious exhibition of the anus, genitals, or pubic 
     area of any person; and

       ``(ii) the depicted minor is--

       ``(I) an infant or toddler;
       ``(II) prepubescent;
       ``(III) pubescent;
       ``(IV) post-pubescent; or
       ``(V) of an indeterminate age or developmental stage.'';

       ``(c) Forwarding of Report and Other Information to Law 
     Enforcement.--
       ``(1) In general.--Pursuant to its clearinghouse role as a 
     private, nonprofit organization, and at the conclusion of its 
     review in furtherance of its nonprofit mission, NCMEC shall 
     make available each report submitted under paragraph (1) or 
     (3) of subsection (a) to one or more of the following law 
     enforcement agencies:
       ``(A) Any Federal law enforcement agency that is involved 
     in the investigation of child sexual exploitation, 
     kidnapping, or enticement crimes.
       ``(B) Any State or local law enforcement agency that is 
     involved in the investigation of child sexual exploitation.
       ``(C) A foreign law enforcement agency designated by the 
     Attorney General under subsection (d)(3) or a foreign law 
     enforcement agency that has an established relationship with 
     the Federal Bureau of Investigation, Immigration and Customs 
     Enforcement, or INTERPOL, and is involved in the 
     investigation of child sexual exploitation, kidnapping, or 
     enticement crimes.
       ``(2) Technical identifiers.--If a report submitted under 
     paragraph (1) or (3) of subsection (a) contains an industry-
     standard hash value or other similar industry-standard 
     technical identifier--
       ``(A) NCMEC may compare that hash value or identifier with 
     any database or repository of visual depictions owned or 
     operated by NCMEC; and
       ``(B) if the comparison under subparagraph (A) results in a 
     match, NCMEC may include the matching visual depiction from 
     its database or repository when forwarding the report to an 
     agency described in subparagraph (A) or (B) of paragraph 
     (1).'';
       (B) in subsection (d)--
       (i) in paragraph (2), by striking ``subsection (c)(1)'' and 
     inserting ``subsection (c)(1)(A)''; and
       (ii) in paragraph (3)--

       (I) in subparagraph (A), by striking ``subsection (c)(3)'' 
     and inserting ``subsection (c)(1)(C)''; and
       (II) in subparagraph (C), by striking ``subsection (c)(3)'' 
     and inserting ``subsection (c)(1)(C)'';

       (C) by striking subsection (e) and inserting the following:
       ``(e) Failure to Comply With Requirements.--
       ``(1) Criminal penalty.--
       ``(A) Offense.--It shall be unlawful for a provider to 
     knowingly--
       ``(i) fail to submit a report under subsection (a)(1) 
     within the time period required by that subsection; or
       ``(ii) fail to preserve material as required under 
     subsection (h).
       ``(B) Penalty.--
       ``(i) In general.--A provider that violates subparagraph 
     (A) shall be fined--

       ``(I) in the case of an initial violation, not more than 
     $150,000; and
       ``(II) in the case of any second or subsequent violation, 
     not more than $300,000.

       ``(ii) Harm to individuals.--The maximum fine under clause 
     (i) shall be tripled if an individual is harmed as a direct 
     and proximate result of the applicable violation.
       ``(2) Civil penalty.--
       ``(A) Violations relating to cybertipline reports and 
     material preservation.--A provider shall be liable to the 
     United States Government for a civil penalty in an amount of 
     not less than $50,000 and not more than $100,000 if the 
     provider knowingly--
       ``(i) fails to submit a report under subsection (a)(1) 
     within the time period required by that subsection;
       ``(ii) fails to preserve material as required under 
     subsection (h); or
       ``(iii) submits a report under paragraph (1) or (3) of 
     subsection (a) that--

       ``(I) contains materially false or fraudulent information; 
     or
       ``(II) omits information described in subsection (b)(1)(A) 
     that is reasonably available.

       ``(B) Annual report violations.--A provider shall be liable 
     to the United States Government for a civil penalty in an 
     amount of not less than $100,000 and not more than $1,000,000 
     if the provider knowingly--
       ``(i) fails to submit an annual report as required under 
     subsection (i); or
       ``(ii) submits an annual report under subsection (i) that--

       ``(I) contains a materially false, fraudulent, or 
     misleading statement; or
       ``(II) omits information described in subsection (i)(1) 
     that is reasonably available.

       ``(C) Harm to individuals.--The amount of a civil penalty 
     under subparagraph (A) or (B) shall be tripled if an 
     individual is harmed as a direct and proximate result of the 
     applicable violation.
       ``(D) Costs of civil actions.--A provider that commits a 
     violation described in subparagraph (A) or (B) shall be 
     liable to the United States Government for the costs of a 
     civil action brought to recover a civil penalty under that 
     subparagraph.
       ``(E) Enforcement.--This paragraph shall be enforced in 
     accordance with sections 3731, 3732, and 3733 of title 31, 
     except that a civil action to recover a civil penalty under 
     subparagraph (A) or (B) of this paragraph may only be brought 
     by the United States Government.
       ``(3) Deposit of fines and penalties.--Notwithstanding any 
     other provision of law, any criminal fine or civil penalty 
     collected under this subsection shall be deposited into the 
     Child Pornography Victims Reserve as provided in section 
     2259B.'';
       (D) in subsection (f), by striking paragraph (3) and 
     inserting the following:
       ``(3) affirmatively search, screen, or scan for--
       ``(A) facts or circumstances described in subsection 
     (a)(2);
       ``(B) information described in subsection (b)(2); or
       ``(C) any apparent child pornography.'';
       (E) in subsection (g)--
       (i) in paragraph (2)(A)--

       (I) in clause (iii), by inserting ``or personnel at a 
     children's advocacy center'' after ``State)''; and
       (II) in clause (iv), by striking ``State or subdivision of 
     a State'' and inserting ``State, subdivision of a State, or 
     children's advocacy center'';

       (ii) in paragraph (3), in the matter preceding subparagraph 
     (A), by inserting ``paragraph (1) or (3) of'' before 
     ``subsection (a)''; and
       (iii) in paragraph (4), by striking ``subsection (a)(1)'' 
     and inserting ``paragraph (1) or (3) of subsection (a)'';
       (F) in subsection (h)--
       (i) in paragraph (1), by striking ``subsection (a)(1)'' and 
     inserting ``paragraph (1) or (3) of subsection (a)''; and
       (ii) by adding at the end the following:
       ``(5) Relation to reporting requirement.--Submission of a 
     report as described in paragraph (1) or (3) of subsection (a) 
     does not satisfy the obligations under this subsection.''; 
     and
       (G) by adding at the end the following:
       ``(i) Annual Report.--
       ``(1) In general.--Not later than March 31 of the second 
     year beginning after the date of enactment of the STOP CSAM 
     Act of 2023, and of each year thereafter, a provider that had 
     more than 1,000,000 unique monthly visitors or users during 
     each month of the preceding year and accrued revenue of more 
     than $50,000,000 during the preceding year shall submit to 
     the Attorney General and the Chair of the Federal Trade 
     Commission a report, disaggregated by subsidiary, that 
     provides the following information for the preceding year to 
     the extent such information is applicable and reasonably 
     available:
       ``(A) Cybertipline data.--
       ``(i) The total number of reports that the provider 
     submitted under paragraph (1) or (3) of subsection (a).
       ``(ii) Which items of information described in subsection 
     (b)(2) are routinely included in the reports submitted by the 
     provider under paragraph (1) or (3) of subsection (a).
       ``(B) Report and remove data.--With respect to section 1096 
     of the STOP CSAM Act of 2023--

[[Page S2411]]

       ``(i) a description of the provider's designated reporting 
     system;
       ``(ii) the number of complete notifications received;
       ``(iii) the number of proscribed visual depictions 
     involving a minor that were removed; and
       ``(iv) the total amount of any fine ordered and paid.
       ``(C) Other reporting to the provider.--
       ``(i) The measures the provider has in place to receive 
     other reports concerning child sexual exploitation and abuse 
     using the provider's product or on the provider's service.
       ``(ii) The average time for responding to reports described 
     in clause (i).
       ``(iii) The number of reports described in clause (i) that 
     the provider received.
       ``(iv) A summary description of the actions taken upon 
     receipt of the reports described in clause (i).
       ``(D) Policies.--
       ``(i) A description of the policies of the provider with 
     respect to the commission of child sexual exploitation and 
     abuse using the provider's product or on the provider's 
     service, including how child sexual exploitation and abuse is 
     defined.
       ``(ii) A description of possible consequences for 
     violations of the policies described in clause (i).
       ``(iii) The methods of informing users of the policies 
     described in clause (i).
       ``(iv) The process for adjudicating potential violations of 
     the policies described in clause (i).
       ``(E) Culture of safety.--
       ``(i) The measures and technologies that the provider 
     deploys to protect children from sexual exploitation and 
     abuse using the provider's product or service.
       ``(ii) The measures and technologies that the provider 
     deploys to prevent the use of the provider's product or 
     service by individuals seeking to commit child sexual 
     exploitation and abuse.
       ``(iii) Factors that interfere with the provider's ability 
     to detect or evaluate instances of child sexual exploitation 
     and abuse.
       ``(iv) An assessment of the efficacy of the measures and 
     technologies described in clauses (i) and (ii) and the impact 
     of the factors described in clause (iii).
       ``(F) Safety by design.--The measures that the provider 
     takes before launching a new product or service to assess--
       ``(i) the safety risks for children with respect to sexual 
     exploitation and abuse; and
       ``(ii) whether and how individuals could use the new 
     product or service to commit child sexual exploitation and 
     abuse.
       ``(G) Trends and patterns.--Any information concerning 
     emerging trends and changing patterns with respect to the 
     commission of online child sexual exploitation and abuse.
       ``(2) Avoiding duplication.--Notwithstanding the 
     requirement under the matter preceding paragraph (1) that 
     information be submitted annually, in the case of any report 
     submitted under that paragraph after the initial report, a 
     provider shall submit information described in subparagraphs 
     (D) through (G) of that paragraph not less frequently than 
     once every 3 years or when new information is available, 
     whichever is more frequent.
       ``(3) Limitation.--Nothing in paragraph (1) shall require 
     the disclosure of trade secrets or other proprietary 
     information.
       ``(4) Publication.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Attorney General and the Chair of the Federal Trade 
     Commission shall publish the reports received under this 
     subsection.
       ``(B) Redaction.--
       ``(i) In general.--The Attorney General and Chair of the 
     Federal Trade Commission shall redact from a report published 
     under subparagraph (A) any information as necessary to 
     avoid--

       ``(I) undermining the efficacy of a safety measure 
     described in the report; or
       ``(II) revealing how a product or service of a provider may 
     be used to commit online child sexual exploitation and abuse.

       ``(ii) Additional redaction.--

       ``(I) Request.--In addition to information redacted under 
     clause (i), a provider may request the redaction, from a 
     report published under subparagraph (A), of any information 
     that is law enforcement sensitive or otherwise not suitable 
     for public distribution.
       ``(II) Agency discretion.--The Attorney General and Chair 
     of the Federal Trade Commission--

       ``(aa) shall consider a request made under subclause (I); 
     and
       ``(bb) may, in their discretion, redact from a report 
     published under subparagraph (A) any information that is law 
     enforcement sensitive or otherwise not suitable for public 
     distribution, whether or not requested.'';
       (2) in section 2258B--
       (A) in subsection (a)--
       (i) by striking ``may not be brought in any Federal or 
     State court''; and
       (ii) by striking ``Except as provided in subsection (b), a 
     civil claim or criminal charge'' and inserting the following:
       ``(1) Limited liability.--Except as provided in subsection 
     (b), a civil claim or criminal charge described in paragraph 
     (2) may not be brought in any Federal or State court.
       ``(2) Covered claims and charges.--A civil claim or 
     criminal charge referred to in paragraph (1) is a civil claim 
     or criminal charge''; and
       (B) in subsection (b)(1), by inserting ``or knowingly 
     failed to comply with a requirement under section 2258A'' 
     after ``misconduct'';
       (3) in section 2258C--
       (A) in subsection (a)(1), by inserting ``use of the 
     provider's products or services to commit'' after ``stop 
     the'';
       (B) in subsection (b)--
       (i) by striking ``Any provider'' and inserting the 
     following:
       ``(1) In general.--Any provider'';
       (ii) in paragraph (1), as so designated, by striking 
     ``receives'' and inserting ``, in its sole discretion, 
     obtains''; and
       (iii) by adding at the end the following:
       ``(2) Limitation on sharing with other entities.--A 
     provider that obtains elements under subsection (a)(1) may 
     not distribute those elements, or make those elements 
     available, to any other entity, except for the sole and 
     exclusive purpose of stopping the online sexual exploitation 
     of children.''; and
       (C) in subsection (c)--
       (i) by striking ``subsections'' and inserting 
     ``subsection'';
       (ii) by striking ``providers receiving'' and inserting ``a 
     provider to obtain'';
       (iii) by inserting ``, or'' after ``NCMEC''; and
       (iv) by inserting ``use of the provider's products or 
     services to commit'' after ``stop the'';
       (4) in section 2258E--
       (A) in paragraph (6), by striking ``electronic 
     communication service provider'' and inserting ``electronic 
     communication service'';
       (B) in paragraph (7), by striking ``and'' at the end;
       (C) in paragraph (8), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(9) the term `publicly available', with respect to a 
     visual depiction on a provider's service, means the visual 
     depiction can be viewed by or is accessible to all users of 
     the service, regardless of the steps, if any, a user must 
     take to create an account or to gain access to the service in 
     order to access or view the visual depiction.'';
       (5) in section 2259B(a), by inserting ``, any fine or 
     penalty collected under section 2258A(e) or subparagraph (A) 
     of section 1096(g)(24) of the STOP CSAM Act of 2023 (except 
     as provided in clauses (i) and (ii)(I) of subparagraph (B) of 
     such section 1096(g)(24)),'' after ``2259A''; and
       (6) by adding at the end the following:

     ``Sec. 2260B. Liability for certain child exploitation 
       offenses

       ``(a) Offense.--It shall be unlawful for a provider of an 
     interactive computer service, as that term is defined in 
     section 230 of the Communications Act of 1934 (47 U.S.C. 
     230), that operates through the use of any facility or means 
     of interstate or foreign commerce or in or affecting 
     interstate or foreign commerce, through such service to 
     knowingly--
       ``(1) host or store child pornography or make child 
     pornography available to any person; or
       ``(2) otherwise knowingly promote or facilitate a violation 
     of section 2251, 2251A, 2252, 2252A, or 2422(b).
       ``(b) Penalty.--A provider of an interactive computer 
     service that violates subsection (a)--
       ``(1) subject to paragraph (2), shall be fined not more 
     than $1,000,000; and
       ``(2) if the offense involves a conscious or reckless risk 
     of serious personal injury or an individual is harmed as a 
     direct and proximate result of the violation, shall be fined 
     not more than $5,000,000.
       ``(c) Rules of Construction.--
       ``(1) Applicability to legal process.--Nothing in this 
     section shall be construed to apply to any action by a 
     provider of an interactive computer service that is necessary 
     to comply with a valid court order, subpoena, search warrant, 
     statutory obligation, or preservation request from law 
     enforcement.
       ``(2) Knowledge with respect to each item required.--For 
     purposes of subsection (a)(1), the term `knowingly' shall be 
     construed to mean knowledge of each item of child pornography 
     that the provider hosted, stored, or made available.
       ``(d) Defense.--In a prosecution under subsection (a)(1), 
     it shall be a defense, which the provider must establish by a 
     preponderance of the evidence, that--
       ``(1) the provider disabled access to or removed the child 
     pornography as soon as possible, and in any event not later 
     than 48 hours after obtaining knowledge that the child 
     pornography was being hosted, stored, or made available by 
     the provider (or, in the case of a provider that, for the 
     most recent calendar year, averaged fewer than 10,000,000 
     active users on a monthly basis in the United States, as soon 
     as possible, and in any event not later than 2 business days 
     after obtaining such knowledge); or
       ``(2) the provider--
       ``(A) exercised its best effort to disable access to or 
     remove the child pornography but was unable to do so for 
     reasons outside the provider's control; and
       ``(B) determined it is technologically impossible for the 
     provider to disable access to or remove the child 
     pornography.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     110 of title 18, United States Code, is amended by adding at 
     the end the following:

       ``2260B. Liability for certain child exploitation 
           offenses.''.

     SEC. 1095. EXPANDING CIVIL REMEDIES FOR VICTIMS OF ONLINE 
                   CHILD SEXUAL EXPLOITATION.

       Section 2255 of title 18, United States Code, is amended--

[[Page S2412]]

       (1) in subsection (a)--
       (A) by striking ``a violation of section 1589, 1590, 1591, 
     2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 
     2422, or 2423 of this title'' and inserting ``a child 
     exploitation violation or conduct relating to child 
     exploitation'';
       (B) by inserting ``or conduct'' after ``as a result of such 
     violation''; and
       (C) by striking ``sue in any'' and inserting ``bring a 
     civil action in the''; and
       (2) by adding at the end the following:
       ``(d) Definitions.--In this section--
       ``(1) the term `child exploitation violation' means a 
     violation of section 1589, 1590, 1591, 1594(a) (involving a 
     violation of section 1589, 1590, or 1591), 1594(b) (involving 
     a violation of section 1589 or 1590), 1594(c), 2241, 2242, 
     2243, 2251, 2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of 
     this title;
       ``(2) the term `conduct relating to child exploitation' 
     means--
       ``(A) with respect to a provider of an interactive computer 
     service or a software distribution service operating through 
     the use of any means or facility of interstate or foreign 
     commerce, or in or affecting interstate or foreign commerce, 
     the intentional, knowing, or reckless promotion or 
     facilitation of a violation of section 1591, 1594(c), 2251, 
     2251A, 2252, 2252A, or 2422(b) of this title; and
       ``(B) with respect to a provider of an interactive computer 
     service operating through the use of any means or facility of 
     interstate or foreign commerce, or in or affecting interstate 
     or foreign commerce, the intentional, knowing, or reckless 
     hosting or storing of child pornography or making child 
     pornography available to any person;
       ``(3) the term `interactive computer service' has the 
     meaning given that term in section 230(f) of the 
     Communications Act of 1934 (47 U.S.C. 230(f)); and
       ``(4) the term `software distribution service' means an 
     online service, whether or not operated for pecuniary gain, 
     from which individuals can purchase, obtain, or download 
     software that--
       ``(A) can be used by an individual to communicate with 
     another individual, by any means, to store, access, 
     distribute, or receive any visual depiction, or to transmit 
     any live visual depiction; and
       ``(B) was not developed by the online service.
       ``(e) Relation to Section 230 of the Communications Act of 
     1934.--Nothing in section 230 of the Communications Act of 
     1934 (47 U.S.C. 230) shall be construed to impair or limit 
     any claim brought under this section for conduct relating to 
     child exploitation.
       ``(f) Rules of Construction.--
       ``(1) Applicability to legal process.--Nothing in this 
     section shall be construed to apply to any action by a 
     provider of an interactive computer service that is necessary 
     to comply with a valid court order, subpoena, search warrant, 
     statutory obligation, or preservation request from law 
     enforcement.
       ``(2) Knowledge with respect to each item required.--For 
     purposes of conduct relating to child exploitation described 
     in subsection (d)(2)(B), the term `knowing' shall be 
     construed to mean knowledge of each item of child pornography 
     that the provider hosted, stored, or made available.
       ``(g) Encryption Technologies.--
       ``(1) In general.--Notwithstanding subsection (a), none of 
     the following actions or circumstances shall serve as an 
     independent basis for liability of a provider of an 
     interactive computer service for conduct relating to child 
     exploitation:
       ``(A) The provider utilizes full end-to-end encrypted 
     messaging services, device encryption, or other encryption 
     services.
       ``(B) The provider does not possess the information 
     necessary to decrypt a communication.
       ``(C) The provider fails to take an action that would 
     otherwise undermine the ability of the provider to offer full 
     end-to-end encrypted messaging services, device encryption, 
     or other encryption services.
       ``(2) Consideration of evidence.--Nothing in paragraph (1) 
     shall be construed to prohibit a court from considering 
     evidence of actions or circumstances described in that 
     paragraph if the evidence is otherwise admissible.
       ``(h) Defense.--In a claim under subsection (a) involving 
     knowing conduct relating to child exploitation described in 
     subsection (d)(2)(B), it shall be a defense, which the 
     provider must establish by a preponderance of the evidence, 
     that--
       ``(1) the provider disabled access to or removed the child 
     pornography as soon as possible, and in any event not later 
     than 48 hours after obtaining knowledge that the child 
     pornography was being hosted, stored, or made available by 
     the provider (or, in the case of a provider that, for the 
     most recent calendar year, averaged fewer than 10,000,000 
     active users on a monthly basis in the United States, as soon 
     as possible, and in any event not later than 2 business days 
     after obtaining such knowledge); or
       ``(2) the provider--
       ``(A) exercised its best effort to disable access to or 
     remove the child pornography but was unable to do so for 
     reasons outside the provider's control; and
       ``(B) determined it is technologically impossible for the 
     provider to disable access to or remove the child 
     pornography.''.

     SEC. 1096. REPORTING AND REMOVAL OF PROSCRIBED VISUAL 
                   DEPICTIONS RELATING TO CHILDREN; ESTABLISHMENT 
                   OF CHILD ONLINE PROTECTION BOARD.

       (a) Findings.--Congress finds the following:
       (1) Over 40 years ago, the Supreme Court of the United 
     States ruled in New York v. Ferber, 458 U.S. 747 (1982), that 
     child sexual abuse material (referred to in this subsection 
     as ``CSAM'') is a ``category of material outside the 
     protections of the First Amendment''. The Court emphasized 
     that children depicted in CSAM are harmed twice: first 
     through the abuse and exploitation inherent in the creation 
     of the materials, and then through the continued circulation 
     of the imagery, which inflicts its own emotional and 
     psychological injury.
       (2) The Supreme Court reiterated this point 9 years ago in 
     Paroline v. United States, 572 U.S. 434 (2014), when it 
     explained that CSAM victims suffer ``continuing and grievous 
     harm as a result of [their] knowledge that a large, 
     indeterminate number of individuals have viewed and will in 
     the future view images of the sexual abuse [they] endured''.
       (3) In these decisions, the Supreme Court noted that the 
     distribution of CSAM invades the privacy interests of the 
     victims.
       (4) The co-mingling online of CSAM with other, non-explicit 
     depictions of the victims links the victim's identity with 
     the images of their abuse. This further invades a victim's 
     privacy and disrupts their sense of security, thwarting what 
     the Supreme Court has described as ``the individual interest 
     in avoiding disclosure of personal matters''.
       (5) The internet is awash with child sexual abuse material. 
     In 2021, the CyberTipline, operated by the National Center 
     for Missing & Exploited Children to combat online child 
     sexual exploitation, received reports about 39,900,000 images 
     and 44,800,000 videos depicting child sexual abuse.
       (6) Since 2017, Project Arachnid, operated by the Canadian 
     Centre for Child Protection, has sent over 26,000,000 notices 
     to online providers about CSAM and other exploitive material 
     found on their platforms. According to the Canadian Centre, 
     some providers are slow to remove the material, or take it 
     down only for it to be reposted again a short time later.
       (7) This legislation is needed to create an easy-to-use and 
     effective procedure to get CSAM and harmful related imagery 
     quickly taken offline and kept offline to protect children, 
     stop the spread of illegal and harmful content, and thwart 
     the continued invasion of the victims' privacy.
       (b) Implementation.--
       (1) Implementation.--Except as provided in paragraph (2), 
     not later than 1 year after the date of enactment of this 
     Act, the Child Online Protection Board established under 
     subsection (d), shall begin operations, at which point 
     providers shall begin receiving notifications as set forth in 
     subsection (c)(2).
       (2) Extension.--The Commission may extend the deadline 
     under paragraph (1) by not more than 180 days if the 
     Commission provides notice of the extension to the public and 
     to Congress.
       (3) Public notice.--The Commission shall provide notice to 
     the public of the date that the Child Online Protection Board 
     established under subsection (d) is scheduled to begin 
     operations on--
       (A) the date that is 60 days before such date that the 
     Board is scheduled to begin operations; and
       (B) the date that is 30 days before such date that the 
     Board is scheduled to begin operations.
       (c) Reporting and Removal of Proscribed Visual Depictions 
     Relating to Children.--
       (1) In general.--If a provider receives a complete 
     notification as set forth in paragraph (2)(A) that the 
     provider is hosting a proscribed visual depiction relating to 
     a child, as soon as possible, but in any event not later than 
     48 hours after such notification is received by the provider 
     (or, in the case of a small provider, not later than 2 
     business days after such notification is received by the 
     small provider), the provider shall--
       (A)(i) remove the proscribed visual depiction relating to a 
     child; and
       (ii) notify the complainant that it has done so; or
       (B) notify the complainant that the provider--
       (i) has determined that visual depiction referenced in the 
     notification does not constitute a proscribed visual 
     depiction relating to a child;
       (ii) is unable to remove the proscribed visual depiction 
     relating to a child using reasonable means; or
       (iii) has determined that the notification is duplicative 
     under paragraph (2)(C)(i).
       (2) Notification requirements.--
       (A) In general.--To be complete under this subsection, a 
     notification must be a written communication to the 
     designated reporting system of the provider (or, if the 
     provider does not have a designated reporting system, a 
     written communication that is served on the provider in 
     accordance with subparagraph (F)) that includes the 
     following:
       (i) An identification of, and information reasonably 
     sufficient to permit the provider to locate, the alleged 
     proscribed visual depiction relating to a child. Such 
     information may include, at the option of the complainant, a 
     copy of the alleged proscribed visual depiction relating to a 
     child or the uniform resource locator where such alleged 
     proscribed visual depiction is located.
       (ii) The complainant's name and contact information, to 
     include a mailing address, telephone number, and an 
     electronic mail address, except that, if the complainant is 
     the victim depicted in the alleged proscribed

[[Page S2413]]

     visual depiction relating to a child, the complainant may 
     elect to use an alias, including for purposes of the signed 
     statement described in clause (v), and omit a mailing 
     address.
       (iii) If applicable, a statement indicating that the 
     complainant has previously notified the provider about the 
     alleged proscribed visual depiction relating to a child which 
     may, at the option of the complainant, include a copy of the 
     previous notification.
       (iv) A statement indicating that the complainant has a good 
     faith belief that the information in the notification is 
     accurate.
       (v) A signed statement under penalty of perjury indicating 
     that the notification is submitted by--

       (I) the victim depicted in the alleged proscribed visual 
     depiction relating to a child;
       (II) an authorized representative of the victim depicted in 
     the alleged proscribed visual depiction relating to a child; 
     or
       (III) a qualified organization.

       (B) Inclusion of multiple visual depictions in same 
     notification.--A notification may contain information about 
     more than one alleged proscribed visual depiction relating to 
     a child, but shall only be effective with respect to each 
     alleged proscribed visual depiction relating to a child 
     included in the notification to the extent that the 
     notification includes sufficient information to identify and 
     locate such visual depiction.
       (C) Limitation on duplicative notifications.--
       (i) In general.--After a complainant has submitted a 
     notification to a provider, the complainant may submit 
     additional notifications at any time only if the subsequent 
     notifications involve--

       (I) a different alleged proscribed visual depiction 
     relating to a minor;
       (II) the same alleged proscribed visual depiction relating 
     to a minor that is in a different location; or
       (III) recidivist hosting.

       (ii) No obligation.--A provider who receives any additional 
     notifications that do not comply with clause (i) shall not be 
     required to take any additional action except--

       (I) as may be required with respect to the original 
     notification; and
       (II) to notify the complainant as provided in paragraph 
     (1)(B)(iii).

       (D) Incomplete or misdirected notification.--
       (i) Requirement to contact complainant regarding 
     insufficient information.--

       (I) Requirement to contact complainant.--If a notification 
     that is submitted to a provider under this subsection does 
     not contain sufficient information under subparagraph (A)(i) 
     to identify or locate the visual depiction that is the 
     subject of the notification but does contain the complainant 
     contact information described in subparagraph (A)(ii), the 
     provider shall, not later than 48 hours after receiving the 
     notification (or, in the case of a small provider, not later 
     than 2 business days after such notification is received by 
     the small provider), contact the complainant via electronic 
     mail address to obtain such information.
       (II) Effect of complainant providing sufficient 
     information.--If the provider is able to contact the 
     complainant and obtain sufficient information to identify or 
     locate the visual depiction that is the subject of the 
     notification, the provider shall then proceed as set forth in 
     paragraph (1), except that the applicable timeframes 
     described in such paragraph shall commence on the day the 
     provider receives the information needed to identify or 
     locate the visual depiction.
       (III) Effect of complainant inability to provide sufficient 
     information.--If the provider is able to contact the 
     complainant but does not obtain sufficient information to 
     identify or locate the visual depiction that is the subject 
     of the notification, the provider shall so notify the 
     complainant not later than 48 hours after the provider 
     determines that it is unable to identify or locate the visual 
     depiction (or, in the case of a small provider, not later 
     than 2 business days after the small provider makes such 
     determination), after which no further action by the provider 
     is required and receipt of the notification shall not be 
     considered in determining whether the provider has actual 
     knowledge of any information described in the notification.
       (IV) Effect of complainant failure to respond.--If the 
     complainant does not respond to the provider's attempt to 
     contact the complainant under this clause within 14 days of 
     such attempt, no further action by the provider is required 
     and receipt of the notification shall not be considered in 
     determining whether the provider has actual knowledge of any 
     information described in the notification.

       (ii) Treatment of incomplete notification where complainant 
     cannot be contacted.--If a notification that is submitted to 
     a provider under this subsection does not contain sufficient 
     information under subparagraph (A)(i) to identify or locate 
     the visual depiction that is the subject of the notification 
     and does not contain the complainant contact information 
     described in subparagraph (A)(ii) (or if the provider is 
     unable to contact the complainant using such information), no 
     further action by the provider is required and receipt of the 
     notification shall not be considered in determining whether 
     the provider has actual knowledge of any information 
     described in the notification.
       (iii) Treatment of notification not submitted to designated 
     reporting system.--If a provider has a designated reporting 
     system, and a complainant submits a notification under this 
     subsection to the provider without using such system, the 
     provider shall not be considered to have received the 
     notification.
       (E) Option to contact complainant regarding the proscribed 
     visual depiction involving a minor.--
       (i) Contact with complainant.--If the provider believes 
     that the proscribed visual depiction involving a minor 
     referenced in the notification does not meet the definition 
     of such term as provided in subsection (r)(10), the provider 
     may, not later than 48 hours after receiving the notification 
     (or, in the case of a small provider, not later than 2 
     business days after such notification is received by the 
     small provider), contact the complainant via electronic mail 
     address to so indicate.
       (ii) Failure to respond.--If the complainant does not 
     respond to the provider within 14 days after receiving the 
     notification, no further action by the provider is required 
     and receipt of the notification shall not be considered in 
     determining whether the provider has actual knowledge of any 
     information described in the notification.
       (iii) Complainant response.--If the complainant responds to 
     the provider within 14 days after receiving the notification, 
     the provider shall then proceed as set forth in paragraph 
     (1), except that the applicable timeframes described in such 
     paragraph shall commence on the day the provider receives the 
     complainant's response.
       (F) Service of notification where provider has no 
     designated reporting system; process where complainant cannot 
     serve provider.--
       (i) No designated reporting system.--If a provider does not 
     have a designated reporting system, a complainant may serve 
     the provider with a notification under this subsection to the 
     provider in the same manner that petitions are required to be 
     served under subsection (g)(4).
       (ii) Complainant cannot serve provider.--If a provider does 
     not have a designated reporting system and a complainant 
     cannot reasonably serve the provider with a notification as 
     described in clause (i), the complainant may bring a petition 
     under subsection (g)(1) without serving the provider with the 
     notification.
       (G) Recidivist hosting.--If a provider engages in 
     recidivist hosting of a proscribed visual depiction relating 
     to a child, in addition to any action taken under this 
     section, a complainant may submit a report concerning such 
     recidivist hosting to the CyberTipline operated by the 
     National Center for Missing and Exploited Children, or any 
     successor to the CyberTipline operated by the National Center 
     for Missing and Exploited Children.
       (H) Preservation.--A provider that receives a complete 
     notification under this subsection shall preserve the 
     information in such notification in accordance with the 
     requirements of sections 2713 and 2258A(h) of title 18, 
     United States Code. For purposes of this subparagraph, the 
     period for which providers shall be required to preserve 
     information in accordance with such section 2258A(h) may be 
     extended in 90-day increments on written request by the 
     complainant or order of the Board.
       (I) Non-disclosure.--Except as otherwise provided in 
     subsection (g)(19)(C), for 120 days following receipt of a 
     notification under this subsection, a provider may not 
     disclose the existence of the notification to any person or 
     entity except to an attorney for purposes of obtaining legal 
     advice, the Board, the Commission, a law enforcement agency 
     described in subparagraph (A), (B), or (C) of section 
     2258A(g)(3) of title 18, United States Code, the National 
     Center for Missing and Exploited Children, or as necessary to 
     respond to legal process. Nothing in the preceding sentence 
     shall be construed to infringe on the provider's ability to 
     communicate general information about terms of service 
     violations.
       (d) Establishment of Child Online Protection Board.--
       (1) In general.--There is established in the Federal Trade 
     Commission a Child Online Protection Board, which shall 
     administer and enforce the requirements of subsection (e) in 
     accordance with this section.
       (2) Officers and staff.--The Board shall be composed of 3 
     full-time Child Online Protection Officers who shall be 
     appointed by the Commission in accordance with paragraph 
     (5)(A). A vacancy on the Board shall not impair the right of 
     the remaining Child Online Protection Officers to exercise 
     the functions and duties of the Board.
       (3) Child online protection attorneys.--Not fewer than 2 
     full-time Child Online Protection Attorneys shall be hired to 
     assist in the administration of the Board.
       (4) Technological adviser.--One or more technological 
     advisers may be hired to assist with the handling of digital 
     evidence and consult with the Child Online Protection 
     Officers on matters concerning digital evidence and 
     technological issues.
       (5) Qualifications.--
       (A) Officers.--
       (i) In general.--Each Child Online Protection Officer shall 
     be an attorney duly licensed in at least 1 United States 
     jurisdiction who has not fewer than 7 years of legal 
     experience concerning child sexual abuse material and 
     technology-facilitated crimes against children.
       (ii) Experience.--Two of the Child Online Protection 
     Officers shall have substantial experience in the evaluation, 
     litigation, or

[[Page S2414]]

     adjudication of matters relating to child sexual abuse 
     material or technology-facilitated crimes against children.
       (B) Attorneys.--Each Child Online Protection Attorney shall 
     be an attorney duly licensed in at least 1 United States 
     jurisdiction who has not fewer than 3 years of substantial 
     legal experience concerning child sexual abuse material and 
     technology-facilitated crimes against children.
       (C) Technological adviser.--A technological adviser shall 
     have at least one year of specialized experience with digital 
     forensic analysis.
       (6) Compensation.--
       (A) Child online protection officers.--
       (i) Definition.--In this subparagraph, the term ``senior 
     level employee of the Federal Government'' means an employee, 
     other than an employee in the Senior Executive Service, the 
     position of whom is classified above GS-15 of the General 
     Schedule.
       (ii) Pay range.--Each Child Online Protection Officer shall 
     be compensated at a rate of pay that is not less than the 
     minimum, and not more than the maximum, rate of pay payable 
     for senior level employees of the Federal Government, 
     including locality pay, as applicable.
       (B) Child online protection attorneys.--Each Child Online 
     Protection Attorney shall be compensated at a rate of pay 
     that is not more than the maximum rate of pay payable for 
     level 10 of GS-15 of the General Schedule, including locality 
     pay, as applicable.
       (C) Technological adviser.--A technological adviser of the 
     Board shall be compensated at a rate of pay that is not more 
     than the maximum rate of pay payable for level 10 of GS-14 of 
     the General Schedule, including locality pay, as applicable.
       (7) Vacancy.--If a vacancy occurs in the position of Child 
     Online Protection Officer, the Commission shall act 
     expeditiously to appoint an Officer for that position.
       (8) Sanction or removal.--Subject to subsection (e)(2), the 
     Chair of the Commission or the Commission may sanction or 
     remove a Child Online Protection Officer.
       (9) Administrative support.--The Commission shall provide 
     the Child Online Protection Officers and Child Online 
     Protection Attorneys with necessary administrative support, 
     including technological facilities, to carry out the duties 
     of the Officers and Attorneys under this section. The 
     Department of Justice may provide equipment and guidance on 
     the storage and handling of proscribed visual depictions 
     relating to children.
       (10) Location of board.--The offices and facilities of the 
     Child Online Protection Officers and Child Online Protection 
     Attorneys shall be located at the headquarters or other 
     office of the Commission.
       (e) Authority and Duties of the Board.--
       (1) Functions.--
       (A) Officers.--Subject to the provisions of this section 
     and applicable regulations, the functions of the Officers of 
     the Board shall be as follows:
       (i) To render determinations on petitions that may be 
     brought before the Officers under this section.
       (ii) To ensure that petitions and responses are properly 
     asserted and otherwise appropriate for resolution by the 
     Board.
       (iii) To manage the proceedings before the Officers and 
     render determinations pertaining to the consideration of 
     petitions and responses, including with respect to 
     scheduling, discovery, evidentiary, and other matters.
       (iv) To request, from participants and nonparticipants in a 
     proceeding, the production of information and documents 
     relevant to the resolution of a petition or response.
       (v) To conduct hearings and conferences.
       (vi) To facilitate the settlement by the parties of 
     petitions and responses.
       (vii) To impose fines as set forth in subsection (g)(24).
       (viii) To provide information to the public concerning the 
     procedures and requirements of the Board.
       (ix) To maintain records of the proceedings before the 
     Officers, certify official records of such proceedings as 
     needed, and, as provided in subsection (g)(19)(A), make the 
     records in such proceedings available to the public.
       (x) To carry out such other duties as are set forth in this 
     section.
       (xi) When not engaged in performing the duties of the 
     Officers set forth in this section, to perform such other 
     duties as may be assigned by the Chair of the Commission or 
     the Commission.
       (B) Attorneys.--Subject to the provisions of this section 
     and applicable regulations, the functions of the Attorneys of 
     the Board shall be as follows:
       (i) To provide assistance to the Officers of the Board in 
     the administration of the duties of those Officers under this 
     section.
       (ii) To provide assistance to complainants, providers, and 
     members of the public with respect to the procedures and 
     requirements of the Board.
       (iii) When not engaged in performing the duties of the 
     Attorneys set forth in this section, to perform such other 
     duties as may be assigned by the Commission.
       (C) Designated service agents.--The Board may maintain a 
     publicly available directory of service agents designated to 
     receive service of petitions filed with the Board.
       (2) Independence in determinations.--
       (A) In general.--The Board shall render the determinations 
     of the Board in individual proceedings independently on the 
     basis of the records in the proceedings before it and in 
     accordance with the provisions of this section, judicial 
     precedent, and applicable regulations of the Commission.
       (B) Performance appraisals.--Notwithstanding any other 
     provision of law or any regulation or policy of the 
     Commission, any performance appraisal of an Officer or 
     Attorney of the Board may not consider the substantive result 
     of any individual determination reached by the Board as a 
     basis for appraisal except to the extent that result may 
     relate to any actual or alleged violation of an ethical 
     standard of conduct.
       (3) Direction by commission.--Subject to paragraph (2), the 
     Officers and Attorneys shall, in the administration of their 
     duties, be under the supervision of the Chair of the 
     Commission.
       (4) Inconsistent duties barred.--An Officer or Attorney of 
     the Board may not undertake any duty that conflicts with the 
     duties of the Officer or Attorney in connection with the 
     Board, to include the obligation to render impartial 
     determinations on petitions considered by the Board under 
     this section.
       (5) Recusal.--An Officer or Attorney of the Board shall 
     recuse himself or herself from participation in any 
     proceeding with respect to which the Officer or Attorney, as 
     the case may be, has reason to believe that he or she has a 
     conflict of interest.
       (6) Ex parte communications.--Except as may otherwise be 
     permitted by applicable law, any party or interested owner 
     involved in a proceeding before the Board shall refrain from 
     ex parte communications with the Officers of the Board and 
     the Commission relevant to the merits of such proceeding 
     before the Board.
       (7) Judicial review.--Actions of the Officers and the 
     Commission under this section in connection with the 
     rendering of any determination are subject to judicial review 
     as provided under subsection (g)(28).
       (f) Conduct of Proceedings of the Board.--
       (1) In general.--Proceedings of the Board shall be 
     conducted in accordance with this section and regulations 
     established by the Commission under this section, in addition 
     to relevant principles of law.
       (2) Record.--The Board shall maintain records documenting 
     the proceedings before the Board.
       (3) Centralized process.--Proceedings before the Board 
     shall--
       (A) be conducted at the offices of the Board without the 
     requirement of in-person appearances by parties or others;
       (B) take place by means of written submissions, hearings, 
     and conferences carried out through internet-based 
     applications and other telecommunications facilities, except 
     that, in cases in which physical or other nontestimonial 
     evidence material to a proceeding cannot be furnished to the 
     Board through available telecommunications facilities, the 
     Board may make alternative arrangements for the submission of 
     such evidence that do not prejudice any party or interested 
     owner; and
       (C) be conducted and concluded in an expeditious manner 
     without causing undue prejudice to any party or interested 
     owner.
       (4) Representation.--
       (A) In general.--A party or interested owner involved in a 
     proceeding before the Board may be, but is not required to 
     be, represented by--
       (i) an attorney; or
       (ii) a law student who is qualified under applicable law 
     governing representation by law students of parties in legal 
     proceedings and who provides such representation on a pro 
     bono basis.
       (B) Representation of victims.--
       (i) In general.--A petition involving a victim under the 
     age of 16 at the time the petition is filed shall be filed by 
     an authorized representative, qualified organization, or a 
     person described in subparagraph (A).
       (ii) No requirement for qualified organizations to have 
     contact with, or knowledge of, victim.--A qualified 
     organization may submit a notification to a provider or file 
     a petition on behalf of a victim without regard to whether 
     the qualified organization has contact with the victim or 
     knows the identity, location, or contact information of the 
     victim.
       (g) Procedures To Contest a Failure To Remove a Proscribed 
     Visual Depiction Relating to a Child or a Notification 
     Reporting a Proscribed Visual Depiction Relating to a 
     Child.--
       (1) Procedure to contest a failure to remove.--
       (A) Complainant petition.--A complainant may file a 
     petition to the Board claiming that, as applicable--
       (i) the complainant submitted a complete notification to a 
     provider concerning a proscribed visual depiction relating to 
     a child, and that--

       (I) the provider--

       (aa) did not remove the proscribed visual depiction 
     relating to a child within the timeframe required under 
     subsection (c)(1)(A)(i); or
       (bb) incorrectly claimed that--
       (AA) the visual depiction at issue could not be located or 
     removed through reasonable means;
       (BB) the notification was incomplete; or
       (CC) the notification was duplicative under subsection 
     (c)(2)(C)(i); and

       (II) did not file a timely petition to contest the 
     notification with the Board under paragraph (2); or

       (ii) a provider is hosting a proscribed visual depiction 
     relating to a child, does not have a designated reporting 
     system, and the

[[Page S2415]]

     complainant was unable to serve a notification on the 
     provider under this subsection despite reasonable efforts.
       (B) Additional claim.--As applicable, a petition filed 
     under subparagraph (A) may also claim that the proscribed 
     visual depiction relating to a child at issue in the petition 
     involves recidivist hosting.
       (C) Timeframe.--
       (i) In general.--A petition under this paragraph shall be 
     considered timely if it is filed within 30 days of the 
     applicable start date, as defined under clause (ii).
       (ii) Applicable start date.--For purposes of clause (i), 
     the term ``applicable start date'' means--

       (I) in the case of a petition under subparagraph (A)(i) 
     claiming that the visual depiction was not removed or that 
     the provider made an incorrect claim relating to the visual 
     depiction or notification, the day that the provider's option 
     to file a petition has expired under paragraph (2)(B); and
       (II) in the case of a petition under subparagraph (A)(ii) 
     related to a notification that could not be served, the last 
     day of the 2-week period that begins on the day on which the 
     complainant first attempted to serve a notification on the 
     provider involved.

       (D) Identification of victim.--Any petition filed to the 
     Board by the victim or an authorized representative of the 
     victim shall include the victim's legal name. A petition 
     filed to the Board by a qualified organization may, but is 
     not required to, include the victim's legal name. Any 
     petition containing the victim's legal name shall be filed 
     under seal. The victim's legal name shall be redacted from 
     any documents served on the provider and interested owner or 
     made publicly available.
       (E) Failure to remove visual depictions in timely manner.--
     A complainant may file a petition under subparagraph (A)(i) 
     claiming that a visual depiction was not removed even if the 
     visual depiction was removed prior to the petition being 
     filed, so long as the petition claims that the visual 
     depiction was not removed within the timeframe specified in 
     subsection (c)(1).
       (2) Procedure to contest a notification.--
       (A) Provider petition.--If a provider receives a complete 
     notification as described in subsection (c)(2) through its 
     designated reporting system or in accordance with subsection 
     (c)(2)(F)(i), the provider may file a petition to the Board 
     claiming that the provider has a good faith belief that, as 
     applicable--
       (i) the visual depiction that is the subject of the 
     notification does not constitute a proscribed visual 
     depiction relating to a child;
       (ii) the notification is frivolous or was submitted with an 
     intent to harass the provider or any person;
       (iii) the alleged proscribed visual depiction relating to a 
     child cannot reasonably be located by the provider;
       (iv) for reasons beyond the control of the provider, the 
     provider cannot remove the proscribed visual depiction 
     relating to a child using reasonable means; or
       (v) the notification was duplicative under subsection 
     (c)(2)(C)(i).
       (B) Timeframe.--
       (i) In general.--Subject to clauses (ii) and (iii), a 
     petition contesting a notification under this paragraph shall 
     be considered timely if it is filed by a provider not later 
     than 14 days after the day on which the provider receives the 
     notification or the notification is made complete under 
     subsection (c)(2)(D)(i).
       (ii) No designated reporting system.--Subject to clause 
     (iii), if a provider does not have a designated reporting 
     system, a petition contesting a notification under this 
     paragraph shall be considered timely if it is filed by a 
     provider not later than 7 days after the day on which the 
     provider receives the notification or the notification is 
     made complete under subsection (c)(2)(D)(i).
       (iii) Small providers.--In the case of a small provider, 
     each of the timeframes applicable under clauses (i) and (ii) 
     shall be increased by 48 hours.
       (3) Commencement of proceeding.--
       (A) In general.--In order to commence a proceeding under 
     this section, a petitioning party shall, subject to such 
     additional requirements as may be prescribed in regulations 
     established by the Commission, file a petition with the 
     Board, that includes a statement of claims and material facts 
     in support of each claim in the petition. A petition may set 
     forth more than one claim. A petition shall also include 
     information establishing that it has been filed within the 
     applicable timeframe.
       (B) Review of petitions by child online protection 
     attorneys.--Child Online Protection Attorneys may review 
     petitions to assess whether they are complete. The Board may 
     permit a petitioning party to refile a defective petition. 
     The Attorney may assist the petitioning party in making any 
     corrections.
       (C) Dismissal.--The Board may dismiss, with or without 
     prejudice, any petition that fails to comply with 
     subparagraph (A).
       (4) Service of process requirements for petitions.--
       (A) In general.--For purposes of petitions under paragraphs 
     (1) and (2), the petitioning party shall, at or before the 
     time of filing a petition, serve a copy on the other party. A 
     corporation, partnership, or unincorporated association that 
     is subject to suit in courts of general jurisdiction under a 
     common name shall be served by delivering a copy of the 
     petition to its service agent, if one has been so designated.
       (B) Manner of service.--
       (i) Service by nondigital means.--Service by nondigital 
     means may be any of the following:

       (I) Personal, including delivery to a responsible person at 
     the office of counsel.
       (II) By priority mail.
       (III) By third-party commercial carrier for delivery within 
     3 days.

       (ii) Service by digital means.--Service of a paper may be 
     made by sending it by any digital means, including through a 
     provider's designated reporting system.
       (iii) When service is completed.--Service by mail or by 
     commercial carrier is complete 3 days after the mailing or 
     delivery to the carrier. Service by digital means is complete 
     on filing or sending, unless the party making service is 
     notified that the paper was not received by the party served.
       (C) Proof of service.--A petition filed under paragraph (1) 
     or (2) shall contain--
       (i) an acknowledgment of service by the person served;
       (ii) proof of service consisting of a statement by the 
     person who made service certifying--

       (I) the date and manner of service;
       (II) the names of the persons served; and
       (III) their mail or electronic addresses, facsimile 
     numbers, or the addresses of the places of delivery, as 
     appropriate for the manner of service; or

       (iii) a statement indicating that service could not 
     reasonably be completed.
       (D) Attorney fees and costs.--Except as otherwise provided 
     in this subsection, all parties to a petition shall bear 
     their own attorney fees and costs.
       (5) Service of other documents.--Documents submitted or 
     relied upon in a proceeding, other than the petition, shall 
     be served in accordance with regulations established by the 
     Commission.
       (6) Notification of right to opt out.--In order to 
     effectuate service on a responding party, the petition shall 
     notify the responding party of their right to opt out of the 
     proceeding before the Board, and the consequences of opting 
     out and not opting out, including a prominent statement that 
     by not opting out the respondent--
       (A) loses the opportunity to have the dispute decided by a 
     court created under article III of the Constitution of the 
     United States; and
       (B) waives the right to a jury trial regarding the dispute.
       (7) Initial proceedings.--
       (A) Conference.--Within 1 week of completion of service of 
     a petition under paragraph (4), 1 or more Officers of the 
     Board shall hold a conference to address the matters 
     described in subparagraphs (B) and (C).
       (B) Opt-out procedure.--At the conference, an Officer of 
     the Board shall explain that the responding party has a right 
     to opt out of the proceeding before the Board, and describe 
     the consequences of opting out and not opting out as 
     described in paragraph (6). A responding party shall have a 
     period of 30 days, beginning on the date of the conference, 
     in which to provide written notice of such choice to the 
     petitioning party and the Board. If the responding party does 
     not submit an opt-out notice to the Board within that 30-day 
     period, the proceeding shall be deemed an active proceeding 
     and the responding party shall be bound by the determination 
     in the proceeding. If the responding party opts out of the 
     proceeding during that 30-day period, the proceeding shall be 
     dismissed without prejudice.
       (C) Disabling access.--At the conference, except for 
     petitions setting forth claims described in clauses (iii) and 
     (iv) of paragraph (2)(A), an Officer of the Board shall order 
     the provider involved to disable public and user access to 
     the alleged proscribed visual depiction relating to a child 
     at issue in the petition for the pendency of the proceeding, 
     including judicial review as provided in subsection (g)(28), 
     unless the Officer of the Board finds that--
       (i) it is likely that the Board will find that the petition 
     is frivolous or was filed with an intent to harass any 
     person;
       (ii) there is a probability that disabling public and user 
     access to such visual depiction will cause irreparable harm;
       (iii) the balance of equities weighs in favor of preserving 
     public and user access to the visual depiction; and
       (iv) disabling public and user access to the visual 
     depiction is contrary to the public interest.
       (D) Effect of failure to disable access.--
       (i) Provider petition.--If the petition was filed by a 
     provider, and the provider fails to comply with an order 
     issued pursuant to subparagraph (B), the Board may--

       (I) dismiss the petition with prejudice; and
       (II) refer the matter to the Attorney General.

       (ii) Effect of dismissal.--If a provider's petition is 
     dismissed under clause (i)(I), the complainant may bring a 
     petition under paragraph (1) as if the provider did not file 
     a petition within the timeframe specified in paragraph 
     (2)(B). For purposes of paragraph (1)(C)(ii), the applicable 
     start date shall be the date the provider's petition was 
     dismissed.
       (iii) Complainant petition.--If the petition was filed by a 
     complainant, and the provider fails to comply with an order 
     issued pursuant to subparagraph (B), the Board--

       (I) shall--

[[Page S2416]]

       (aa) expedite resolution of the petition; and
       (bb) refer the matter to the Attorney General; and

       (II) may apply an adverse inference with respect to 
     disputed facts against such provider.

       (8) Scheduling.--Upon receipt of a complete petition and at 
     the conclusion of the opt out procedure described in 
     paragraph (7), the Board shall issue a schedule for the 
     future conduct of the proceeding. A schedule issued by the 
     Board may be amended by the Board in the interests of 
     justice.
       (9) Conferences.--One or more Officers of the Board may 
     hold a conference to address case management or discovery 
     issues in a proceeding, which shall be noted upon the record 
     of the proceeding and may be recorded or transcribed.
       (10) Party submissions.--A proceeding of the Board may not 
     include any formal motion practice, except that, subject to 
     applicable regulations and procedures of the Board--
       (A) the parties to the proceeding and an interested owner 
     may make requests to the Board to address case management and 
     discovery matters, and submit responses thereto; and
       (B) the Board may request or permit parties and interested 
     owners to make submissions addressing relevant questions of 
     fact or law, or other matters, including matters raised sua 
     sponte by the Officers of the Board, and offer responses 
     thereto.
       (11) Discovery.--
       (A) In general.--Discovery in a proceeding shall be limited 
     to the production of relevant information and documents, 
     written interrogatories, and written requests for admission, 
     as provided in regulations established by the Commission, 
     except that--
       (i) upon the request of a party, and for good cause shown, 
     the Board may approve additional relevant discovery, on a 
     limited basis, in particular matters, and may request 
     specific information and documents from parties in the 
     proceeding, consistent with the interests of justice;
       (ii) upon the request of a party or interested owner, and 
     for good cause shown, the Board may issue a protective order 
     to limit the disclosure of documents or testimony that 
     contain confidential information;
       (iii) after providing notice and an opportunity to respond, 
     and upon good cause shown, the Board may apply an adverse 
     inference with respect to disputed facts against a party or 
     interested owner who has failed to timely provide discovery 
     materials in response to a proper request for materials that 
     could be relevant to such facts; and
       (iv) an interested owner shall only produce or receive 
     discovery to the extent it relates to whether the visual 
     depiction at issue constitutes a proscribed visual depiction 
     relating to a child.
       (B) Privacy.--Any alleged proscribed visual depiction 
     relating to a child received by the Board or the Commission 
     as part of a proceeding shall be filed under seal and shall 
     remain in the care, custody, and control of the Board or the 
     Commission. For purposes of discovery, the Board or 
     Commission shall make the proscribed visual depiction 
     relating to a child reasonably available to the parties and 
     interested owner but shall not provide copies. The privacy 
     protections described in section 3509(d) of title 18, United 
     States Code, shall apply to the Board, Commission, provider, 
     complainant, and interested owner.
       (12) Responses.--The responding party may refute any of the 
     claims or factual assertions made by the petitioning party, 
     and may also claim that the petition was not filed in the 
     applicable timeframe or is barred under subsection (h). If a 
     complainant is the petitioning party, a provider may 
     additionally claim in response that the notification was 
     incomplete and could not be made complete under subsection 
     (c)(2)(D)(i). The petitioning party may refute any responses 
     submitted by the responding party.
       (13) Interested owner.--An individual notified under 
     paragraph (19)(C)(ii) may, within 14 days of being so 
     notified, file a motion to join the proceeding for the 
     limited purpose of claiming that the visual depiction at 
     issue does not constitute a proscribed visual depiction 
     relating to a child. The Board shall serve the motion on both 
     parties. Such motion shall include a factual basis and a 
     signed statement, submitted under penalty of perjury, 
     indicating that the individual produced or created the visual 
     depiction at issue. The Board shall dismiss any motion that 
     does not include the signed statement or that was submitted 
     by an individual who did not produce or create the visual 
     depiction at issue. If the motion is granted, the interested 
     owner may also claim that the notification and petition were 
     filed with an intent to harass the interested owner. Any 
     party may refute the claims and factual assertions made by 
     the interested owner.
       (14) Evidence.--The Board may consider the following types 
     of evidence in a proceeding, and such evidence may be 
     admitted without application of formal rules of evidence:
       (A) Documentary and other nontestimonial evidence that is 
     relevant to the petitions or responses in the proceeding.
       (B) Testimonial evidence, submitted under penalty of 
     perjury in written form or in accordance with paragraph (15), 
     limited to statements of the parties and nonexpert witnesses, 
     that is relevant to the petitions or responses in a 
     proceeding, except that, in exceptional cases, expert witness 
     testimony or other types of testimony may be permitted by the 
     Board for good cause shown.
       (15) Hearings.--Unless waived by all parties, the Board 
     shall conduct a hearing to receive oral presentations on 
     issues of fact or law from parties and witnesses to a 
     proceeding, including oral testimony, subject to the 
     following:
       (A) Any such hearing shall be attended by not fewer than 
     two of the Officers of the Board.
       (B) The hearing shall be noted upon the record of the 
     proceeding and, subject to subparagraph (C), may be recorded 
     or transcribed as deemed necessary by the Board.
       (C) A recording or transcript of the hearing shall be made 
     available to any Officer of the Board who is not in 
     attendance.
       (16) Voluntary dismissal.--
       (A) By petitioning party.--Upon the written request of a 
     petitioning party, the Board shall dismiss the petition, with 
     or without prejudice.
       (B) By responding party or interested owner.--Upon written 
     request of a responding party or interested owner, the Board 
     shall dismiss any responses to the petition, and shall 
     consider all claims and factual assertions in the petition to 
     be true.
       (17) Factual findings.--Subject to paragraph (11)(A)(iii), 
     the Board shall make factual findings based upon a 
     preponderance of the evidence.
       (18) Determinations.--
       (A) Nature and contents.--A determination rendered by the 
     Board in a proceeding shall--
       (i) be reached by a majority of the Board;
       (ii) be in writing, and include an explanation of the 
     factual and legal basis of the determination; and
       (iii) include a clear statement of all fines, costs, and 
     other relief awarded.
       (B) Dissent.--An Officer of the Board who dissents from a 
     decision contained in a determination under subparagraph (A) 
     may append a statement setting forth the grounds for that 
     dissent.
       (19) Publication and disclosure.--
       (A) Publication.--Each final determination of the Board 
     shall be made available on a publicly accessible website, 
     except that the final determination shall be redacted to 
     protect confidential information that is the subject of a 
     protective order under paragraph (11)(A)(ii) or information 
     protected pursuant to paragraph (11)(B) and any other 
     information protected from public disclosure under the 
     Federal Trade Commission Act or any other applicable 
     provision of law.
       (B) Freedom of information act.--All information relating 
     to proceedings of the Board under this section is exempt from 
     disclosure to the public under section 552(b)(3) of title 5, 
     except for determinations, records, and information published 
     under subparagraph (A). Any information that is disclosed 
     under this subparagraph shall have redacted any information 
     that is the subject of a protective order under paragraph 
     (11)(A)(ii) or protected pursuant to paragraph (11)(B).
       (C) Effect of petition on non-disclosure period.--
       (i) Submission of a petition extends the non-disclosure 
     period under subsection (c)(2)(I) for the pendency of the 
     proceeding. The provider may submit an objection to the Board 
     that nondisclosure is contrary to the interests of justice. 
     The complainant may, but is not required to, respond to the 
     objection. The Board should sustain the objection unless 
     there is reason to believe that the circumstances in section 
     3486(a)(6)(B) of title 18, United States Code, exist and 
     outweigh the interests of justice.
       (ii) If the Board sustains an objection to the 
     nondisclosure period, the provider or the Board may notify 
     the apparent owner of the visual depiction in question about 
     the proceeding, and include instructions on how the owner may 
     move to join the proceeding under paragraph (13).
       (iii) If applicable, the nondisclosure period expires 120 
     days after the Board's determination becomes final, except it 
     shall expire immediately upon the Board's determination 
     becoming final if the Board finds that the visual depiction 
     is not a proscribed visual depiction relating to a minor.
       (iv) The interested owner of a visual depiction may not 
     bring any legal action against any party related to the 
     proscribed visual depiction relating to a child until the 
     Board's determination is final. Once the determination is 
     final, the owner of the visual depiction may pursue any legal 
     relief available under the law, subject to subsections (h), 
     (k), and (l).
       (20) Responding party's default.--If the Board finds that 
     service of the petition on the responding party could not 
     reasonably be completed, or the responding party has failed 
     to appear or has ceased participating in a proceeding, as 
     demonstrated by the responding party's failure, without 
     justifiable cause, to meet one or more deadlines or 
     requirements set forth in the schedule adopted by the Board, 
     the Board may enter a default determination, including the 
     dismissal of any responses asserted by the responding party, 
     as follows and in accordance with such other requirements as 
     the Commission may establish by regulation:
       (A) The Board shall require the petitioning party to submit 
     relevant evidence and other information in support of the 
     petitioning party's claims and, upon review of such evidence 
     and any other requested submissions from the petitioning 
     party, shall determine

[[Page S2417]]

     whether the materials so submitted are sufficient to support 
     a finding in favor of the petitioning party under applicable 
     law and, if so, the appropriate relief and damages, if any, 
     to be awarded.
       (B) If the Board makes an affirmative determination under 
     subparagraph (A), the Board shall prepare a proposed default 
     determination, and shall provide written notice to the 
     responding party at all addresses, including electronic mail 
     addresses, reflected in the records of the proceeding before 
     the Board, of the pendency of a default determination by the 
     Board and of the legal significance of such determination. 
     Such notice shall be accompanied by the proposed default 
     determination and shall provide that the responding party has 
     a period of 30 days, beginning on the date of the notice, to 
     submit any evidence or other information in opposition to the 
     proposed default determination.
       (C) If the responding party responds to the notice provided 
     under subparagraph (B) within the 30-day period provided in 
     such subparagraph, the Board shall consider responding 
     party's submissions and, after allowing the petitioning party 
     to address such submissions, maintain, or amend its proposed 
     determination as appropriate, and the resulting determination 
     shall not be a default determination.
       (D) If the respondent fails to respond to the notice 
     provided under subparagraph (B), the Board shall proceed to 
     issue the default determination. Thereafter, the respondent 
     may only challenge such determination to the extent permitted 
     under paragraph (28).
       (21) Petitioning party or interested owner's failure to 
     proceed.--If a petitioning party or interested owner who has 
     joined the proceeding fails to proceed, as demonstrated by 
     the failure, without justifiable cause, to meet one or more 
     deadlines or requirements set forth in the schedule adopted 
     by the Board, the Board may, upon providing written notice to 
     the petitioning party or interested owner and a period of 30 
     days, beginning on the date of the notice, to respond to the 
     notice, and after considering any such response, issue a 
     determination dismissing the claims made by the petitioning 
     party or interested owner. The Board may order the 
     petitioning party to pay attorney fees and costs under 
     paragraph (26)(B), if appropriate. Thereafter, the 
     petitioning party may only challenge such determination to 
     the extent permitted under paragraph (28).
       (22) Request for reconsideration.--A party or interested 
     owner may, within 30 days after the date on which the Board 
     issues a determination under paragraph (18), submit to the 
     Board a written request for reconsideration of, or an 
     amendment to, such determination if the party or interested 
     owner identifies a clear error of law or fact material to the 
     outcome, or a technical mistake. After providing the other 
     parties an opportunity to address such request, the Board 
     shall either deny the request or issue an amended 
     determination.
       (23) Review by commission.--If the Board denies a party or 
     interested owner a request for reconsideration of a 
     determination under paragraph (22), the party or interested 
     owner may, within 30 days after the date of such denial, 
     request review of the determination by the Commission in 
     accordance with regulations established by the Commission. 
     After providing the other party or interested owner an 
     opportunity to address the request, the Commission shall 
     either deny the request for review, or remand the proceeding 
     to the Board for reconsideration of issues specified in the 
     remand and for issuance of an amended determination. Such 
     amended determination shall not be subject to further 
     consideration or review, other than under paragraph (28).
       (24) Favorable ruling on complainant petition.--
       (A) In general.--If the Board grants a complainant's 
     petition filed under this section, notwithstanding any other 
     law, the Board shall--
       (i) order the provider to immediately remove the proscribed 
     visual depiction relating to a child, and to permanently 
     delete all copies of the visual depiction known to and under 
     the control of the provider unless the Board orders the 
     provider to preserve the visual depiction;
       (ii) impose a fine of $50,000 per proscribed visual 
     depiction relating to a child covered by the determination, 
     but if the Board finds that--

       (I) the provider removed the proscribed visual depiction 
     relating to a child after the period set forth in subsection 
     (c)(1)(A)(i), but before the complainant filed a petition, 
     such fine shall be $25,000;
       (II) the provider has engaged in recidivist hosting for the 
     first time with respect to the proscribed visual depiction 
     relating to a child in question, such fine shall be $100,000 
     per proscribed visual depiction relating to a child; or
       (III) the provider has engaged in recidivist hosting of the 
     proscribed visual depiction relating to a child in question 2 
     or more times, such fine shall be $200,000 per proscribed 
     visual depiction relating to a child;

       (iii) order the provider to pay reasonable costs to the 
     complainant; and
       (iv) refer any matters involving intentional or willful 
     conduct by a provider with respect to a proscribed visual 
     depiction relating to a child, or recidivist hosting, to the 
     Attorney General for prosecution under any applicable laws.
       (B) Provider payment of fine and costs.--Notwithstanding 
     any other law, the Board shall direct a provider to promptly 
     pay fines and costs imposed under subparagraph (A) as 
     follows:
       (i) If the petition was filed by a victim, such fine and 
     costs shall be paid to the victim.
       (ii) If the petition was filed by an authorized 
     representative of a victim--

       (I) 30 percent of such fine shall be paid to the authorized 
     representative and 70 percent of such fine paid to the 
     victim; and
       (II) costs shall be paid to the authorized representative.

       (iii) If the petition was filed by a qualified 
     organization--

       (I) the fine shall be paid to the Child Pornography Victims 
     Reserve as provided in section 2259B of title 18, United 
     States Code; and
       (II) costs shall be paid to the qualified organization.

       (25) Effect of denial of provider petition.--
       (A) In general.--If the Board denies a provider's petition 
     to contest a notification filed under paragraph (2), it shall 
     order the provider to immediately remove the proscribed 
     visual depiction relating to a child, and to permanently 
     delete all copies of the visual depiction known to and under 
     the control of the provider unless the Board orders the 
     provider to preserve the visual depiction.
       (B) Referral for failure to remove material.--If a provider 
     does not remove and, if applicable, permanently delete a 
     proscribed visual depiction relating to a child within 48 
     hours of the Board issuing a determination under subparagraph 
     (A), or not later than 2 business days of the Board issuing a 
     determination under subparagraph (A) concerning a small 
     provider, the Board shall refer the matter to the Attorney 
     General for prosecution under any applicable laws.
       (C) Costs for frivolous petition.--If the Board finds that 
     a provider filed a petition under paragraph (2) for a 
     harassing or improper purpose or without reasonable basis in 
     law or fact, the Board shall order the provider to pay the 
     reasonable costs of the complainant.
       (26) Effect of denial of complainant's petition or 
     favorable ruling on provider's petition.--
       (A) Restoration.--If the Board grants a provider's petition 
     filed under paragraph (2) or if the Board denies a petition 
     filed by the complainant under paragraph (1), the provider 
     may restore access to any visual depiction that was at issue 
     in the proceeding.
       (B) Costs for incomplete or frivolous notification and 
     harassment.--If, in granting or denying a petition as 
     described in subparagraph (A), the Board finds that the 
     notification contested in the petition could not be made 
     complete under subsection (c)(2)(D), is frivolous, or is 
     duplicative under subsection (c)(2)(C)(i), the Board may 
     order the complainant to pay costs to the provider and any 
     interested owner, which shall not exceed a total of $10,000, 
     or, if the Board finds that the complainant filed the 
     notification with an intent to harass the provider or any 
     person, a total of $15,000.
       (27) Civil action; other relief.--
       (A) In general.--Whenever any provider or complainant fails 
     to comply with a final determination of the Board issued 
     under paragraph (18), the Department of Justice may commence 
     a civil action in a district court of the United States to 
     enforce compliance with such determination.
       (B) Savings clause.--Nothing in this section shall be 
     construed to limit the authority of the Commission or 
     Department of Justice under any other provision of law.
       (28) Challenges to the determination.--
       (A) Bases for challenge.--Not later than 45 days after the 
     date on which the Board issues a determination or amended 
     determination in a proceeding, or not later than 45 days 
     after the date on which the Board completes any process of 
     reconsideration or the Commission completes a review of the 
     determination, whichever occurs later, a party may seek an 
     order from a district court, located where the provider or 
     complainant conducts business or resides, vacating, 
     modifying, or correcting the determination of the Board in 
     the following cases:
       (i) If the determination was issued as a result of fraud, 
     corruption, misrepresentation, or other misconduct.
       (ii) If the Board exceeded its authority or failed to 
     render a determination concerning the subject matter at 
     issue.
       (iii) In the case of a default determination or 
     determination based on a failure to prosecute, if it is 
     established that the default or failure was due to excusable 
     neglect.
       (B) Procedure to challenge.--
       (i) Notice of application.--Notice of the application to 
     challenge a determination of the Board shall be provided to 
     all parties to the proceeding before the Board, in accordance 
     with the procedures applicable to service of a motion in the 
     court where the application is made.
       (ii) Staying of proceedings.--For purposes of an 
     application under this paragraph, any judge who is authorized 
     to issue an order to stay the proceedings in an any other 
     action brought in the same court may issue an order, to be 
     served with the notice of application, staying proceedings to 
     enforce the award while the challenge is pending.
       (29) Final determination.--A determination of the Board 
     shall be final on the date that all opportunities for a party 
     or interested owner to seek reconsideration or review of a 
     determination under paragraph (22)

[[Page S2418]]

     or (23), or for a party to challenge the determination under 
     paragraph (28), have expired or are exhausted.
       (h) Effect of Proceeding.--
       (1) Subsequent proceedings.--The issuance of a final 
     determination by the Board shall preclude the filing by any 
     party of any subsequent petition that is based on the 
     notification at issue in the final determination. This 
     paragraph shall not limit the ability of any party to file a 
     subsequent petition based on any other notification.
       (2) Determination.--Except as provided in paragraph (1), 
     the issuance of a final determination by the Board, including 
     a default determination or determination based on a failure 
     to prosecute, shall preclude relitigation of any allegation, 
     factual claim, or response in any subsequent legal action or 
     proceeding before any court, tribunal, or the Board, and may 
     be relied upon for such purpose in a future action or 
     proceeding arising from the same specific activity, subject 
     to the following:
       (A) No party or interested owner may relitigate any 
     allegation, factual claim, or response that was properly 
     asserted and considered by the Board in any subsequent 
     proceeding before the Board involving the same parties or 
     interested owner and the same proscribed visual depiction 
     relating to a minor.
       (B) A finding by the Board that a visual depiction 
     constitutes a proscribed visual depiction relating to a 
     child--
       (i) may not be relitigated in any civil proceeding brought 
     by an interested owner; and
       (ii) may not be relied upon, and shall not have preclusive 
     effect, in any other action or proceeding involving any party 
     before any court or tribunal other than the Board.
       (C) A determination by the Board shall not preclude 
     litigation or relitigation as between the same or different 
     parties before any court or tribunal other than the Board of 
     the same or similar issues of fact or law in connection with 
     allegations or responses not asserted or not finally 
     determined by the Board.
       (D) Except to the extent permitted under this subsection, 
     any final determination of the Board may not be cited or 
     relied upon as legal precedent in any other action or 
     proceeding before any court or tribunal other than the Board.
       (3) Other materials in proceeding.--A submission or 
     statement of a party, interested owner, or witness made in 
     connection with a proceeding before the Board, including a 
     proceeding that is dismissed, may not serve as the basis of 
     any action or proceeding before any court or tribunal except 
     for any legal action related to perjury or for conduct 
     described in subsection (k)(2). A statement of a party, 
     interested owner, or witness may be received as evidence, in 
     accordance with applicable rules, in any subsequent legal 
     action or proceeding before any court, tribunal, or the 
     Board.
       (4) Failure to assert response.--Except as provided in 
     paragraph (1), the failure or inability to assert any 
     allegation, factual claim, or response in a proceeding before 
     the Board shall not preclude the assertion of that response 
     in any subsequent legal action or proceeding before any 
     court, tribunal, or the Board.
       (i) Administration.--The Commission may issue regulations 
     in accordance with section 553 of title 5, United States 
     Code, to implement this section.
       (j) Study.--
       (1) In general.--Not later than 3 years after the date on 
     which Child Online Protection Board issues the first 
     determination under this section, the Commission shall 
     conduct, and report to Congress on, a study that addresses 
     the following:
       (A) The use and efficacy of the Child Online Protection 
     Board in expediting the removal of proscribed visual 
     depictions relating to children and resolving disputes 
     concerning said visual depictions, including the number of 
     proceedings the Child Online Protection Board could 
     reasonably administer with current allocated resources.
       (B) Whether adjustments to the authority of the Child 
     Online Protection Board are necessary or advisable, including 
     with respect to permissible claims, responses, fines, costs, 
     and joinder by interested parties.
       (C) Whether the Child Online Protection Board should be 
     permitted to expire, be extended, or be expanded.
       (D) Such other matters as the Commission believes may be 
     pertinent concerning the Child Online Protection Board.
       (2) Consultation.--In conducting the study and completing 
     the report required under paragraph (1), the Commission 
     shall, to the extent feasible, consult with complainants, 
     victims, and providers to include their views on the matters 
     addressed in the study and report.
       (k) Limited Liability.--
       (1) In general.--Except as provided in paragraph (2), a 
     civil claim or criminal charge against the Board, a provider, 
     a complainant, interested owner, or representative under 
     subsection (f)(4), for distributing, receiving, accessing, or 
     possessing a proscribed visual depiction relating to a child 
     for the sole and exclusive purpose of complying with the 
     requirements of this section, or for the sole and exclusive 
     purpose of seeking or providing legal advice in order to 
     comply with this section, may not be brought in any Federal 
     or State court.
       (2) Intentional, reckless, or other misconduct.--Paragraph 
     (1) shall not apply to a claim against the Board, a provider, 
     a complainant, interested owner, or representative under 
     subsection (f)(4)--
       (A) for any conduct unrelated to compliance with the 
     requirements of this section;
       (B) if the Board, provider, complainant, interested owner, 
     or representative under subsection (f)(4) (as applicable)--
       (i) engaged in intentional misconduct; or
       (ii) acted, or failed to act--

       (I) with actual malice; or
       (II) with reckless disregard to a substantial risk of 
     causing physical injury without legal justification; or

       (C) in the case of a claim against a complainant, if the 
     complainant falsely claims to be a victim, an authorized 
     representative of a victim, or a qualified organization.
       (3) Minimizing access.--The Board, a provider, a 
     complainant, an interested owner, or a representative under 
     subsection (f)(4) shall--
       (A) minimize the number of individuals that are provided 
     access to any alleged, contested, or actual proscribed visual 
     depictions relating to a child under this section;
       (B) ensure that any alleged, contested, or actual 
     proscribed visual depictions relating to a child are 
     transmitted and stored in a secure manner and are not 
     distributed to or accessed by any individual other than as 
     needed to implement this section; and
       (C) ensure that all copies of any proscribed visual 
     depictions relating to a child are permanently deleted upon a 
     request from the Board, Commission, or the Federal Bureau of 
     Investigation.
       (l) Provider Immunity From Claims Based on Removal of 
     Visual Depiction.--A provider shall not be liable to any 
     person for any claim based on the provider's good faith 
     removal of any alleged proscribed visual depiction relating 
     to a child pursuant to a notification under this section, 
     regardless of whether the visual depiction is found to be a 
     proscribed visual depiction relating to a child by the Board.
       (m) Continued Applicability of Federal, State, and Tribal 
     Law.--
       (1) In general.--This subtitle shall not be construed to 
     impair, supersede, or limit a provision of Federal, State, or 
     Tribal law.
       (2) No preemption.--Nothing in this subtitle shall prohibit 
     a State or Tribal government from adopting and enforcing a 
     provision of law governing child sex abuse material that is 
     at least as protective of the rights of a victim as this 
     section.
       (n) Discovery.--Nothing in this subtitle affects discovery, 
     a subpoena or any other court order, or any other judicial 
     process otherwise in accordance with Federal or State law.
       (o) Rule of Construction.--Nothing in this section shall be 
     construed to relieve a provider from any obligation imposed 
     on the provider under section 2258A of title 18, United 
     States Code.
       (p) Funding.--There are authorized to be appropriated to 
     pay the costs incurred by the Commission under this section, 
     including the costs of establishing and maintaining the Board 
     and its facilities, $40,000,000 for each year during the 
     period that begins with the year in which this Act is enacted 
     and ends with the year in which certain subsections of this 
     section expire under subsection (q).
       (q) Sunset.--Except for subsections (a), (h), (k), (l), 
     (m), (n), (o), and (r), this section shall expire 5 years 
     after the date on which the Child Online Protection Board 
     issues its first determination under this section.
       (r) Definitions.--In this section:
       (1) Board.--The term ``Board'' means the Child Online 
     Protection Board established under subsection (d).
       (2) Child sexual abuse material.--The term ``child sexual 
     abuse material'' has the meaning provided in section 2256(8) 
     of title 18, United States Code.
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Complainant.--The term ``complainant'' means--
       (A) the victim appearing in the proscribed visual depiction 
     relating to a child;
       (B) an authorized representative of the victim appearing in 
     the proscribed visual depiction relating to a child; or
       (C) a qualified organization.
       (5) Designated reporting system.--The term ``designated 
     reporting system'' means a digital means of submitting a 
     notification to a provider under this subsection that is 
     publicly and prominently available, easily accessible, and 
     easy to use.
       (6) Host.--The term ``host'' means to store or make a 
     visual depiction available or accessible to the public or any 
     users through digital means or on a system or network 
     controlled or operated by or for a provider.
       (7) Identifiable person.--The term ``identifiable person'' 
     means a person who is recognizable as an actual person by the 
     person's face, likeness, or other distinguishing 
     characteristic, such as a unique birthmark or other 
     recognizable feature.
       (8) Interested owner.--The term ``interested owner'' means 
     an individual who has joined a proceeding before the Board 
     under subsection (g)(13).
       (9) Party.--The term ``party'' means the complainant or 
     provider.
       (10) Proscribed visual depiction relating to a child.--The 
     term ``proscribed visual depiction relating to a child'' 
     means child sexual abuse material or a related exploitive 
     visual depiction.
       (11) Provider.--The term ``provider'' means a provider of 
     an interactive computer service, as that term is defined in 
     section 230 of the Communications Act of 1934 (47 U.S.C. 
     230), and for purposes of subsections (k) and

[[Page S2419]]

     (l), includes any director, officer, employee, or agent of 
     such provider.
       (12) Qualified organization.--The term ``qualified 
     organization'' means an organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that is exempt 
     from tax under section 501(a) of that Code that works to 
     address child sexual abuse material and to support victims of 
     child sexual abuse material.
       (13) Recidivist hosting.--The term ``recidivist hosting'' 
     means, with respect to a provider, that the provider removes 
     a proscribed visual depiction relating to a child pursuant to 
     a notification or determination under this subsection, and 
     then subsequently hosts a visual depiction that has the same 
     hash value or other technical identifier as the visual 
     depiction that had been so removed.
       (14) Related exploitive visual depiction.--The term 
     ``related exploitive visual depiction'' means a visual 
     depiction of an identifiable person of any age where--
       (A) such visual depiction does not constitute child sexual 
     abuse material, but is published with child sexual abuse 
     material depicting that person; and
       (B) there is a connection between such visual depiction and 
     the child sexual abuse material depicting that person that is 
     readily apparent from--
       (i) the content of such visual depiction and the child 
     sexual abuse material; or
       (ii) the context in which such visual depiction and the 
     child sexual abuse material appear.
       (15) Small provider.--The term ``small provider'' means a 
     provider that, for the most recent calendar year, averaged 
     less than 10,000,000 active users on a monthly basis in the 
     United States.
       (16) Victim.--
       (A) In general.--The term ``victim'' means an individual of 
     any age who is depicted in child sexual abuse material while 
     under 18 years of age.
       (B) Assumption of rights.--In the case of a victim who is 
     under 18 years of age, incompetent, incapacitated, or 
     deceased, the legal guardian of the victim or representative 
     of the victim's estate, another family member, or any other 
     person appointed as suitable by a court, may assume the 
     victim's rights to submit a notification or file a petition 
     under this section, but in no event shall an individual who 
     produced or conspired to produce the child sexual abuse 
     material depicting the victim be named as such representative 
     or guardian.
       (17) Visual depiction.--The term ``visual depiction'' has 
     the meaning provided in section 2256(5) of title 18, United 
     States Code.

     SEC. 1097. SEVERABILITY.

       If any provision of this subtitle, an amendment made by 
     this subtitle, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, the remainder of this subtitle and the 
     amendments made by this subtitle, and the application of the 
     provision or amendment to any other person or circumstance, 
     shall not be affected
                                 ______
                                 
  SA 252. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1240A. LIMITATION ON AVAILABILITY OF FUNDS FOR SUPPORT 
                   TO UKRAINE.

       (a) In General.--None of the funds authorized by this Act 
     or otherwise made available for fiscal year 2024 for the 
     Department of Defense may be obligated or expended for the 
     support of Ukraine until--
       (1) the date on which the President submits to Congress a 
     comprehensive diplomatic strategy designed to bring the 
     conflict between Ukraine and the Russian Federation to a 
     rapid conclusion; and
       (2) Congress enacts a joint resolution approving such 
     strategy.
       (b) Elements.--The strategy described in subsection (a)--
       (1) shall be designed to achieve a ceasefire in which the 
     Russian Federation and Ukraine agree to abide by the terms 
     and conditions of such ceasefire; and
       (2) may not--
       (A) extend beyond one year;
       (B) commit United States military resources in excess of 
     the total military contributions made by European member 
     countries of the North Atlantic Treaty Organization; or
       (C) be contingent on--
       (i) United States involvement or funding of Ukrainian 
     reconstruction; or
       (ii) resolving existing territorial disputes between the 
     Russian Federation and Ukraine.
                                 ______
                                 
  SA 253. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

       Subtitle A--Limitation on Diplomatic Relations With Syria

     SECTION 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Assad Regime Anti-
     Normalization Act of 2023''.

     SEC. 12_2. MODIFICATIONS TO THE CAESAR SYRIA CIVILIAN 
                   PROTECTION ACT.

       (a) Caesar Syria Civilian Protection Act.--Section 7412 of 
     the Caesar Syria Civilian Protection Act of 2019 (title LXXIV 
     of the National Defense Authorization Act for Fiscal Year 
     2020; 22 U.S.C. 8791 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``the President shall 
     impose'' and all that follows through the end of the 
     paragraph and inserting ``the President--''
       ``(A) shall impose the sanctions described in subsection 
     (b) with respect to a foreign person that the President 
     determines--
       ``(i) knowingly engages, on or after such date of 
     enactment, in an activity described in paragraph (2);
       ``(ii) is an adult family member of a foreign person 
     described in clause (i), unless the President determines 
     there is clear and convincing evidence that such adult family 
     member has disassociated themselves from the foreign person 
     described in such clause and has no history of helping such 
     foreign person conceal assets; or
       ``(iii) is owned or controlled by a foreign person 
     described in clause (i) or (ii); and
       ``(B) may impose the sanctions described in subsection (b) 
     with respect to a foreign person that the President 
     determines knowingly provides, on or after such date of 
     enactment, significant financial, material, or technological 
     support to a foreign person engaging in an activity described 
     in any of subparagraphs (B) through (H) of paragraph (2);''.
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by amending clause (i) to read as follows:

       ``(i) the Government of Syria (including any entity owned 
     or controlled by the Government of Syria), a senior political 
     figure of the Government of Syria, a member of the People's 
     Assembly of Syria, or a senior foreign political figure (as 
     such term is defined in section 101.605 of title 31, Code of 
     Federal Regulations) of the Arab Socialist Ba'ath Party of 
     Syria, including any such senior foreign political figure who 
     is--

       ``(I) a member of the Central Command, Central Committee, 
     or Auditing and Inspection Committee of such Party; or
       ``(II) a leader of a local branch of such Party;'';
       (II) in clause (ii), by striking ``; or'' and inserting a 
     semicolon;
       (III) in clause (iii), by striking the semicolon and 
     inserting ``; or''; and
       (IV) by adding at the end the following new clause:

       ``(iv) Syria Arab Airlines, Cham Wings, or any foreign 
     person owned or controlled by Syria Arab Airlines or Cham 
     Wings;'';
       (ii) by amending subparagraph (C) to read as follows:
       ``(C) knowingly sells or provides aircraft or spare 
     aircraft parts--
       ``(i) to the Government of Syria; or
       ``(ii) for or on behalf of the Government of Syria to any 
     foreign person operating in an area directly or indirectly 
     controlled by the Government of Syria or foreign forces 
     associated with the Government of Syria;'';
       (iii) in subparagraph (D), by striking ``; or'' and 
     inserting a semicolon;
       (iv) in subparagraph (E)--

       (I) by striking ``construction or engineering services'' 
     and inserting ``construction, engineering, or commercial 
     financial services''; and
       (II) by striking the closing period and inserting a 
     semicolon; and

       (v) by adding at the end the following new subparagraphs:
       ``(F) purposefully engages in or directs--
       ``(i) the diversion of goods (including agricultural 
     commodities, food, medicine, and medical devices), or any 
     international humanitarian assistance, intended for the 
     people of Syria; or
       ``(ii) the dealing in proceeds from the sale or resale of 
     such diverted goods or international humanitarian assistance, 
     as the case may be;
       ``(G) knowingly, directly or indirectly, engages in or 
     attempts to engage in, the seizure, confiscation, theft, or 
     expropriation for personal gain or political purposes of 
     property, including real property, in Syria or owned by a 
     citizen of Syria;
       ``(H) knowingly, directly or indirectly, engages in or 
     attempts to engage in a transaction or transactions for or 
     with such seized, confiscated, stolen, or expropriated 
     property described in subparagraph (G); or
       ``(I) knowingly provides significant financial, material, 
     or technological support to a foreign person engaging in an 
     activity described in subparagraph (A).''; and
       (C) by adding at the end the following new paragraphs:
       ``(4) Transaction defined.--For purposes of the 
     determination required by subparagraph (a)(2)(A), the term 
     `transaction' includes in-kind transactions.
       ``(5) Additional definitions.--In this section:
       ``(A) Commercial financial services.--The term `commercial 
     financial services'

[[Page S2420]]

     means any transaction between the Government of Syria and a 
     foreign bank or foreign financial institution operating in an 
     area under the control of the Government of Syria that has a 
     valuation of more than $5,000,000.
       ``(B) Financial institution.--The term `financial 
     institution' means a financial institution specified in any 
     of subparagraphs (A) through (K), (M), (N), (P), (R), (T), 
     (Y), or (Z) of section 5312(a)(2) of title 31, United States 
     Code.
       ``(6) Significant transaction clarified.--In this section, 
     the term `significant transaction' includes any natural gas, 
     electricity, or other energy-related transaction.''; and
       (2) by adding at the end the following new subsection:
       ``(c) Congressional Requests.--Not later than 120 days 
     after receiving a request from the chairman and ranking 
     member of one of the appropriate congressional committees 
     with respect to whether a foreign person knowingly engages in 
     an activity described in subsection (a)(2) the President 
     shall--
       ``(1) make the determination specified in subsection (a)(1) 
     with respect to that foreign person; and
       ``(2) submit to such chairman and ranking member that 
     submitted the request a report with respect to such 
     determination that includes a statement of whether the 
     President has imposed or intends to impose the sanctions 
     described in subsection (b) with respect to that foreign 
     person.''.
       (b) Removal of Exception Relating to Importation of 
     Goods.--The Caesar Syria Civilian Protection Act of 2019, as 
     amended by subsection (a), is further amended--
       (1) by striking section 7434; and
       (2) by redesignating sections 7435 through 7438 as sections 
     7434 through 7437, respectively.
       (c) Extension of Sunset.--Section 7437 of the Caesar Syria 
     Civilian Protection Act of 2019, as redesignated by 
     subsection (b)(2), is amended by striking ``the date that is 
     5 years after the date of the enactment of this Act'' and 
     inserting ``December 31, 2032''.
       (d) Determinations With Respect to Syria Trust for 
     Development.--
       (1) Defined term.--In this subsection, the term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (D) the Committee on Armed Services of the House of 
     Representatives;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (F) the Committee on Financial Services of the House of 
     Representatives.
       (2) Determinations.--Not later than 120 days after the 
     enactment of this Act, the President shall--
       (A) determine whether the nonprofit organization chaired by 
     Asma Al-Assad, the First Lady of Syria, known as the ``Syria 
     Trust for Development'' meets the criteria for the imposition 
     of sanctions--
       (i) under section 7412(a) of the Caesar Syria Civilian 
     Protection Act of 2019, as amended by subsection (a);
       (ii) under Executive Order 13894 (84 Fed. Reg. 55851; 
     relating to blocking property and suspending entry of certain 
     persons contributing to the situation in Syria); or
       (iii) by nature of being owned or controlled by a person 
     designated under any executive order or regulation 
     administered by the Office of Foreign Assets Control; and
       (B) submit to the appropriate congressional committees each 
     such determination, including a justification for the 
     determination.
       (3) Form.--The determination made pursuant to paragraph 
     (2)(B) shall be submitted in unclassified form, but the 
     justification specified in such paragraph may be included in 
     a classified annex. The unclassified determination shall be 
     made available on a publicly available website of the Federal 
     government.
       (e) Findings on Applicability With Respect to Syrian Arab 
     Airlines, Cham Wings Airlines, and Related Entities.--
     Congress finds the following:
       (1) In 2013, the President identified Syrian Arab Airlines 
     as a blocked instrumentality or controlled entity of the 
     Government of Syria and concurrently sanctioned Syrian Arab 
     Airlines pursuant to Executive Order 13224 for acting for or 
     on behalf of the Islamic Revolutionary Guard Corps-Qods Force 
     of Iran.
       (2) In 2016, the President sanctioned Syria-based Cham 
     Wings Airlines pursuant to Executive Order 13582 for having 
     materially assisted, sponsored, or provided financial, 
     material, or technological support for, or goods or services 
     in support of, the Government of Syria and Syrian Arab 
     Airlines.
       (3) Section 7412(a)(2)(A)(iii) of the Caesar Syria Civilian 
     Protection Act of 2019 (22 U.S.C. 8791 note) mandates the 
     application of sanctions against any foreign person that 
     ``knowingly provides significant financial, material, or 
     technological support to, or knowingly engages in a 
     significant transaction with . . . a foreign person subject 
     to sanctions pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.) with respect to Syria or 
     any other provision of law that imposes sanctions with 
     respect to Syria,'', which applies to airport service 
     providers outside of Syria.
       (f) Severability.--If any provision of this subtitle, or 
     the application of such provision to any person or 
     circumstance, is found to be unconstitutional, the remainder 
     of this subtitle, or the application of that provision to 
     other persons or circumstances, shall not be affected.

     SEC. 12_3. PROHIBITION OF RECOGNITION OF ASSAD REGIME.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) not to recognize or normalize relations with any 
     Government of Syria that is led by Bashar al-Assad due to the 
     Assad regime's ongoing crimes against the Syrian people, 
     including failure to meet the criteria outlined in section 
     7431(a) of the Caesar Syria Civilian Protection Act of 2019;
       (2) to actively oppose recognition or normalization of 
     relations by other governments with any Government of Syria 
     that is led by Bashar Al-Assad, including by fully 
     implementing the mandatory primary and secondary sanctions in 
     the Caesar Syria Civilian Protection Act of 2019 and 
     Executive Order 13894; and
       (3) to use the full range of authorities, including those 
     provided under the Caesar Syria Civilian Protection Act of 
     2019 and Executive Order 13894, to deter reconstruction 
     activities in areas under the control of Bashar al-Assad.
       (b) Prohibition.--In accordance with subsection (a), no 
     Federal official or employee may take any action, and no 
     Federal funds may be made available, to recognize or 
     otherwise imply, in any manner, United States recognition of 
     Bashar al-Assad or any Government in Syria that is led by 
     Bashar al-Assad.

     SEC. 12_4. INTERAGENCY STRATEGY TO COUNTER NORMALIZATION WITH 
                   ASSAD REGIME.

       (a) Report and Strategy Required.--
       (1) Submission.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for 5 
     years, the Secretary of State, in consultation with the 
     Secretary of the Treasury, the Administrator of the Drug 
     Enforcement Administration, and the heads of other 
     appropriate Federal departments and agencies, shall submit to 
     the appropriate congressional committees a report and 
     strategy to describe and counter actions taken or planned by 
     foreign governments to normalize, engage with, or upgrade 
     political, diplomatic, or economic ties with the regime led 
     by Bashar al-Assad in Syria (referred to in this section as 
     the ``Assad regime'').
       (2) Elements.--The elements of the report under paragraph 
     (1) shall include--
       (A) a description of violations of international law and 
     human rights abuses committed by Bashar al-Assad, the 
     Government of the Russian Federation, or the Government of 
     Iran and progress towards justice and accountability for the 
     Syrian people;
       (B) a full list of diplomatic meetings at the Ambassador 
     level or above, between the Syrian regime and any 
     representative of the Governments of Turkey, the United Arab 
     Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait, the 
     Kingdom of Saudi Arabia, Tunisia, Algeria, Morocco, Libya, or 
     Lebanon, respectively;
       (C) a list including an identification of--
       (i) any single covered transaction exceeding $500,000; and
       (ii) any combination of covered transactions by the same 
     source that, in aggregate, exceed $500,000 and occur within a 
     single year;
       (D) for each identified single transaction or aggregate 
     transactions, as the case may be, included in the list 
     described in subparagraph (C), a determination of whether 
     such transaction subjects any of the parties to the 
     transaction to sanctions under the Caesar Syria Civilian 
     Protection Act of 2019, as amended by section 12_2;
       (E) a description of the steps the United States is taking 
     to actively deter recognition or normalization of relations 
     by other governments with the Assad regime, including 
     specific diplomatic engagements and use of economic sanctions 
     authorized by statutes or implemented through Executive 
     Orders, including--
       (i) the Caesar Syria Civilian Protection Act of 2019 (22 
     U.S.C. 8791 note);
       (ii) the Syria Accountability and Lebanese Sovereignty 
     Restoration Act (22 U.S.C. 2151 note);
       (iii) the Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2010 (22 U.S.C. 8501 et seq.);
       (iv) Executive Order 13894 (84 Fed. Reg. 55851; relating to 
     blocking property and suspending entry of certain persons 
     contributing to the situation in Syria);
       (v) the Global Magnitsky Human Rights Accountability Act 
     (22 U.S.C. 10101 et seq.);
       (vi) the Countering America's Adversaries Through Sanctions 
     Act (22 U.S.C. 9401 et seq.); and
       (vii) the Foreign Narcotics Kingpin Designation Act (21 
     U.S.C. 1901 et seq.); and
       (F) an assessment of how recognition or normalization of 
     relations by other governments with the Assad regime impacts 
     the national security of the United States, prospects for 
     implementation of the United Nations Security Council 
     Resolution 2254, prospects for justice and accountability for 
     war crimes in Syria, and the benefits derived by the 
     Government of the Russian Federation or the Government of 
     Iran.
       (b) Scope.--The initial report required by subsection (a) 
     shall address the period beginning on January 1, 2021, and 
     ending on the date of the enactment of this Act, and each 
     subsequent report shall address the one-year

[[Page S2421]]

     period following the conclusion of the scope of the prior 
     report.
       (c) Form.--Each report under subsection (a) shall be 
     submitted in an unclassified form, but may contain a 
     classified annex. The unclassified section of such a report 
     shall be made publicly available on a website of the United 
     States Federal Government.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on the Judiciary of the Senate;
       (C) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (D) the Committee on Appropriations of the Senate;
       (E) the Select Committee on Intelligence of the Senate;
       (F) the Committee on Foreign Affairs of the House of 
     Representatives;
       (G) the Committee on the Judiciary of the House of 
     Representatives;
       (H) the Committee on Financial Services of the House of 
     Representatives;
       (I) the Committee on Appropriations of the House of 
     Representatives; and
       (J) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Covered transaction.--The term ``covered transaction'' 
     means a transaction, including an investment, grant, 
     contract, or donation (including a loan or other extension of 
     credit) that--
       (A) is provided by a foreign person located in Turkey, the 
     United Arab Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, 
     Kuwait, the Kingdom of Saudi Arabia, Tunisia, Algeria, 
     Morocco, Libya, or Lebanon; and
       (B) is received by a person or entity in any area of Syria 
     held by the Assad regime.

     SEC. 12_5. REPORTS ON MANIPULATION OF UNITED NATIONS BY ASSAD 
                   REGIME IN SYRIA.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter for 5 years, the Secretary 
     of State, shall submit to the Committee on Foreign Affairs of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate a report on the manipulation of the 
     United Nations by the regime led by Bashar al-Assad in Syria 
     (referred to in this section as the ``Assad regime''), 
     including--
       (1) a description of conditions, both explicit and 
     implicit, set by the Assad regime with respect to United 
     Nations operations in Syria including with respect to 
     implementing partners, hiring practices, allocation of grants 
     and contracts, and procurement of goods and services;
       (2) a description of the extent to which the United Nations 
     has rejected or otherwise opposed any of the conditions 
     described in paragraph (1);
       (3) an identification of officials or employees of the 
     United Nations (including funds, programs and specialized 
     agencies of the United Nations) with ties to the Assad 
     regime, including family ties, or persons designated for 
     sanctions by United Nations donor countries;
       (4) a full account of access restrictions imposed by the 
     Assad regime and the overall impact on the ability of the 
     United Nations to deliver international assistance to target 
     beneficiaries in areas outside regime control;
       (5) a description of ways in which United Nations aid 
     improperly benefits the Assad regime and its associates in 
     defiance of basic humanitarian principles;
       (6) a description of the due diligence mechanisms and 
     vetting procedures in place to ensure entities contracted by 
     the United Nations to ensure goods, supplies, or services 
     provided to Syria do not have links to the Assad regime, 
     known human rights abusers, or persons designated for 
     sanctions by United Nations donor countries;
       (7) an identification of entities affiliated with the Assad 
     regime, including the Syria Trust for Development and the 
     Syrian Arab Red Crescent, foreign government ministries, and 
     private corporations owned or controlled directly or 
     indirectly by the Assad regime, that have received United 
     Nations funding, contracts, or grants or have otherwise 
     entered into a formalized partnership with the United 
     Nations;
       (8) an assessment of how the Assad regime sets arbitrary or 
     punitive exchange rates to extract funding from the United 
     Nations, as well as the total amount extracted by such means;
       (9) an assessment of the degree to which the various forms 
     of manipulation described in this section has resulted in 
     compromises of the humanitarian principles of humanity, 
     neutrality, impartiality, and independence of the United 
     Nations; and
       (10) a strategy to reduce the ability of the Assad regime 
     to manipulate or otherwise influence the United Nations and 
     other aid operations in Syria and ensure United States and 
     international aid is delivered in a neutral and impartial 
     manner consistent with basic humanitarian principles.
                                 ______
                                 
  SA 254. Mr. RISCH (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

              Subtitle __--Safeguarding Tunisian Democracy

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``Safeguarding Tunisian 
     Democracy Act of 2023''.

     SEC. 12_2. FINDINGS.

       Congress makes the following findings:
       (1) In 2010 and 2011, waves of anti-government protests and 
     violence reshaped governments across the Middle East and 
     North Africa.
       (2) While other countries in the Middle East and North 
     Africa experienced violent crackdown, rapid changes in 
     government, or descent into civil war, Tunisia's ``Jasmine 
     Revolution'' saw the ouster of autocratic President Zine El 
     Abidine Ben Ali and the emergence of a nascent, growing 
     democracy.
       (3) On October 14, 2019, Tunisians overwhelmingly elected 
     Kais Saied, a constitutional law professor, as President 
     based on his pledges to combat corruption and improve 
     Tunisia's economic outlook.
       (4) On July 25, 2021, President Saied unilaterally 
     suspended parliament and dismissed the Prime Minister, citing 
     exceptional circumstances and Article 80 of the 2014 
     constitution.
       (5) On September 22, 2021, President Saied issued 
     Presidential Decree 117, consolidating full executive and 
     legislative powers within the presidency and authorizing 
     further decrees regulating the judiciary, media, political 
     parties, electoral law, freedoms and human rights.
       (6) On February 6, 2022, President Saied dissolved the 
     Supreme Judicial Council, eliminating an independent 
     judiciary.
       (7) On March 30, 2022, President Saied officially dissolved 
     parliament, further consolidating power and eliminating 
     checks and balances on the presidency.
       (8) On June 30, 2022, President Saied unilaterally 
     introduced a new draft constitution, subject to a referendum, 
     consolidating broad powers under executive rule.
       (9) On July 25, 2022, Saied claimed victory in a 
     constitutional referendum widely criticized for its lack of 
     credibility and participation.
       (10) On September 13, 2022, President Saied announced 
     Presidential Decree 2022-54 on Cybercrime, imposing prison 
     terms for ``false information or rumors'' online and 
     crippling free speech.
       (11) On September 15, 2022, President Saied announced 
     Presidential Decree 2022-55 which weakened the role of 
     political parties and imposed burdensome requirements to run 
     for parliament.
       (12) On October 15, 2022, the International Monetary Fund 
     reached a staff-level agreement to support Tunisia's economic 
     policies with a 48-month arrangement under the Extended Fund 
     Facility of $1,900,000,000 and the potential for more from 
     international donors.
       (13) On December 17, 2022, only 11 percent of Tunisians 
     participated in parliamentary elections, reflecting 
     dissatisfaction with the referendum, barriers to political 
     parties, and low public trust for democratic institutions in 
     Tunisia.
       (14) On January 20, 2023, four political opponents of 
     President Saied were sentenced through military courts for 
     ``insulting a public official'' and disturbing public order.
       (15) On January 29, 2023, only 11 percent of Tunisians 
     participated in parliamentary run-off elections, reaffirming 
     low public trust for democratic institutions in Tunisia.
       (16) On February 1, 2023, President Saied extended the 
     state of emergency until the end of 2023.
       (17) On February 10, 2023, President Saied announced 
     strengthened diplomatic ties with the Government of Syria, a 
     United States-designated State Sponsor of Terrorism.
       (18) On February 11, 2023, and in the following weeks, 
     President Saied launched a political crackdown by arresting 
     political activists, journalists, and business leaders for 
     allegedly plotting against the state, including by opening a 
     criminal investigation against a former Nidaa Tounes 
     parliamentarian.
       (19) On February 21, 2023, President Saied justified 
     widespread arrests and harassment of African migrants and 
     Black Tunisians by accusing ``hordes of irregular migrants'' 
     of criminality and violence, claiming a ``criminal enterprise 
     hatched at the beginning of this century to change the 
     demographic composition of Tunisia'' threatened national 
     security.
       (20) On February 22, 2023, Tunisian authorities arrested 
     Republican Party leader Issam Chebbi and National Salvation 
     Front member Chaima Issa.
       (21) On February 24, 2023, Tunisian authorities arrested 
     National Salvation Front member Jawher Ben Mbarek.
       (22) On April 17, 2023, President Kais Saied vowed 
     ``relentless war'' against opposition figures, such as jailed 
     Ennahdha party leader Rached Ghannouchi, and shuttered 
     Ennahdha offices and the offices of an ideologically broad 
     opposition coalition.
       (23) As of April 20, 2023, an International Monetary Fund 
     loan for Tunisia remains stalled as President Saied's 
     characterized necessary reforms as ``foreign diktats'' and 
     decried proposed cuts in subsidies as socially destabilizing.

[[Page S2422]]

  


     SEC. 12_3. STATEMENT OF POLICY.

       It shall be the policy of the United States--
       (1) to forge a strong and lasting partnership with the 
     Government of Tunisia to support shared national security 
     interests to include countering the enduring threat of 
     transnational terrorism and promoting regional stability;
       (2) to develop and implement a security strategy that 
     builds partner capacity to address shared threats and cements 
     the role of the United States as the partner of choice;
       (3) to encourage standards and training for the Tunisian 
     Armed Forces that enshrines military professionalism and 
     respect for civil-military relations;
       (4) to support the Tunisian people's aspirations for a 
     democratic future and support democratic principles in 
     Tunisia, to include a robust civil society, respect for 
     freedoms of expression and association, press freedom, 
     separation of powers, and the rule of law;
       (5) to support the Tunisian people's livelihoods and 
     aspirations for economic dignity;
       (6) to work in tandem with our G7 and other partners to 
     promote Tunisia's return to democratic principles in a manner 
     that halts democratic backsliding, stabilizes the economic 
     crisis, spurs economic development, and mitigates 
     destabilizing migration flows; and
       (7) to readjust bilateral United States foreign assistance, 
     including security assistance, based on the progress of the 
     Government of Tunisia toward meeting the democratic 
     aspirations and economic needs of the Tunisian people.

     SEC. 12_4. LIMITATION ON FUNDS; CREATION OF TUNISIA DEMOCRACY 
                   SUPPORT FUND; REPORT.

       (a) In General.--Effective upon the date of the enactment 
     of this Act, the Secretary of State , in conjunction with the 
     Administrator of the United States Agency for International 
     Development--
       (1) shall limit funding to Tunisia, as provided for in 
     subsection (b); and
       (2) is authorized to establish a ``Tunisia Democracy 
     Support Fund'', as provided for in subsection (c), to 
     encourage reforms that restore Tunisian democracy and rule of 
     law.
       (b) Limitation on Funds.--Of the amounts authorized to be 
     appropriated or otherwise made available in fiscal years 2024 
     and 2025 to carry out chapters 1 and 8 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
     chapters 1 through 6, 8, and 9 of part II of such Act (22 
     U.S.C. 2301 et seq.), and section 23 of the Arms Export 
     Control Act (22 U.S.C. 2763) for the Government of Tunisia, 
     25 percent the amount made available under each such 
     authority for each such fiscal year shall be withheld from 
     obligation, with the exception of funding for Tunisian civil 
     society, until the Secretary of State determines and 
     certifies to the appropriate congressional committees that 
     the Government of Tunisia--
       (1) has ceased its use of military courts to try civilians;
       (2) is making clear and consistent progress in releasing 
     political prisoners; and
       (3) has terminated all states of emergency.
       (c) Tunisia Democracy Support Fund Authorized.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State $100,000,000 for each of the fiscal 
     years 2024 and 2025, which shall be used to establish the 
     ``Tunisia Democracy Support Fund'' for the purpose of 
     encouraging reforms that--
       (A) restore Tunisia's democratic institutions;
       (B) restore the rule of law; and
       (C) stabilize the Tunisian economy.
       (2) Limitation.--Amounts authorized to be appropriated 
     under paragraph (1) shall not be available for obligation 
     until the Secretary of State certifies in writing to the 
     appropriate congressional committees that the Government of 
     Tunisia has demonstrated measurable progress towards the 
     democratic benchmarks outlined in subsection (d).
       (d) Democratic Benchmarks.--Pursuant to subsection (c)(2), 
     the democratic benchmarks to be addressed in the Secretary of 
     State's certification are whether the Government of Tunisia--
       (1) appropriately empowers Parliament to serve the Tunisian 
     people and serve as an independent, co-equal branch of 
     government essential to a healthy democracy;
       (2) restores judicial independence and establishes the 
     Constitutional Court in a manner that fosters an independent 
     judiciary and serves as a check on the presidency;
       (3) is taking credible steps to respect freedoms of 
     expression, association, and the press;
       (4) creates an enabling operating environment in which 
     Tunisian civil society organizations can operate without 
     undue interference, including permitting international 
     funding; and
       (5) ceases efforts to intimidate Tunisian independent media 
     through arbitrary arrests and criminal prosecutions of 
     journalists on illegitimate charges.
       (e) Initial Report, Annual Report and Briefing.--
       (1) Initial report.--Not later than 120 days after the date 
     of the enactment of this Act and annually thereafter through 
     2028, the Secretary of State shall provide a report and 
     accompanying briefing to the appropriate congressional 
     committees that describes--
       (A) the state of Tunisia's democracy and associated 
     progress on the democratic benchmarks outlined in subsection 
     (d); and
       (B) how United States foreign assistance is funding 
     programs to support progress towards achieving such 
     benchmarks.
       (2) Form of report.--The report required under paragraph 
     (1) shall be submitted in unclassified form, but may include 
     a classified annex.
       (f) Waiver.--The Secretary of State may waive the 
     limitation on funding under subsection (b) if the Secretary, 
     not later than 15 days before the waiver is to take effect, 
     certifies to the appropriate congressional committees that 
     such waiver is in the national interest of the United States. 
     The Secretary shall submit with the certification a detailed 
     justification explaining the reasons for the waiver.
       (g) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.

     SEC. 12_5. SUNSET.

       This subtitle shall terminate on the date that is 5 years 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 255. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1299L. AUTHORITY TO ENTER INTO COOPERATIVE PROJECT 
                   AGREEMENTS TO COUNTER UNMANNED AERIAL SYSTEMS.

       (a) In General.--The President is authorized to enter into 
     trilateral and multilateral cooperative project agreements 
     with Israel and Abraham Accords countries, Negev Forum 
     countries, and countries that have signed peace treaties with 
     Israel, under the authority of section 27 of the Arms Export 
     Control Act (22 U.S.C. 2767), to carry out research on and 
     development, testing, evaluation, and joint production 
     (including follow-on support) of defense articles and defense 
     services to detect, track, and destroy armed unmanned aerial 
     systems that threaten the United States, Israel, and partners 
     in the Middle East.
       (b) Requirements.--The cooperative project agreement 
     described in subsection (a) shall--
       (1) provide that any activity carried out pursuant to such 
     agreement shall be subject to--
       (A) the applicable requirements described in subparagraphs 
     (A), (B), and (C) of section 27(b)(2) of the Arms Export 
     Control Act (22 U.S.C. 2767(b)(2)); and
       (B) any other applicable requirement of the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.) with respect to the use, 
     transfer, and security of such defense articles and defense 
     services under that Act;
       (2) establish a framework to negotiate the rights to 
     intellectual property developed under such agreement, with 
     consideration of whether the agreement risks compromise to 
     United States systems, operational capabilities, or overall 
     technological advantage; and
       (3) require the government of any country that is a 
     signatory to such agreement to commit to never disclose any 
     intellectual property, research and development, or 
     production of technology acquired through such agreement to 
     the Government of the People's Republic of China, any company 
     based in the People's Republic of China, or any company with 
     which the Government of the People's Republic of China has 
     invested.
       (c) Congressional Notification Requirements.--
     Notwithstanding section 27(g) of the Arms Export Control Act 
     (22 U.S.C. 2767(g)), any defense article that results from a 
     cooperative project agreement under this section shall be 
     subject to subsections (b) and (c) of section 36 of that Act 
     (22 U.S.C. 2776).
                                 ______
                                 
  SA 256. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the appropriate place in title XXVIII, insert the 
     following:

     SEC. 28__. AUTHORIZATION OF AMOUNTS FOR CONSTRUCTION OF 
                   BARRACKS FACILITIES AT FORT CAVAZOS.

       There is authorized to be appropriated to the Secretary of 
     the Army for fiscal year 2024 $400,000,000 for the 
     construction of two new barracks facilities (with not fewer 
     than 500 beds each) at Fort Cavazos (Project Numbers 87812 
     and 97218).
                                 ______
                                 
  SA 257. Mr. COONS (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed by him to the

[[Page S2423]]

bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ENHANCING AMERICAN COMPETITIVENESS ACT OF 2023.

       (a) Short Title.--This section may be cited as the 
     ``Enhancing American Competitiveness Act of 2023''.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, and the Committee on the Budget of the 
     Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, and the Committee on the Budget of the House 
     of Representatives.
       (2) Corporation.--The term ``Corporation'' means the United 
     States International Development Finance Corporation.
       (c) Findings.--Congress finds the following:
       (1) The mission of the Corporation is to mobilize 
     investment to advance global development, foreign policy 
     objectives of the United States, and taxpayer interests.
       (2) Congress established the Corporation to leverage 
     private sector capabilities and to serve as a robust 
     alternative to state-directed investments by authoritarian 
     governments and strategic competitors of the United States.
       (3) Congress authorized the Corporation--
       (A) to provide equity financing in order to provide the 
     Corporation with greater flexibility to invest in early- and 
     growth-stage companies, partner with other financial 
     institutions, and enable investees to scale operations more 
     effectively to create greater impact on developments;
       (B) under section 1421(d) of the BUILD Act of 2018 (22 
     U.S.C. 9621(d))--
       (i) to provide insurance and reinsurance of debt for the 
     purposes of furthering United States foreign policy, 
     development, and national security objectives; and
       (ii) to insure debt investments;
       (C) to collect insurance and reinsurance premiums and pay 
     insurance and reinsurance claims; and
       (D) to make loans or guaranties upon such terms and 
     conditions as the Corporation may determine under section 
     1421(b) of the BUILD Act of 2018 (22 U.S.C. 9621(b)) for the 
     purposes of furthering foreign policy, development, and 
     national security objectives of the United States.
       (4) Under section 1422(b)(3) of that Act (22 U.S.C. 
     9621(b)(3)), Congress limited the authority described in 
     paragraph (3)(D) by requiring that for any loan or guaranty 
     to a project, the parties to the project bear the risk of 
     loss in an amount equal to at least 20 percent of the 
     guaranteed support by the Corporation in the project.
       (5) Congress authorized the Corporation to guaranty 100 
     percent of an obligation, including a loan, a bond issuance, 
     or a tranche of any such loan or bond in which other parties 
     to the project bear the risk of loss in an amount equal to at 
     least 20 percent of the guaranteed support by the Corporation 
     in the project.
       (6) Obstacles to the implementation of the authorities 
     described in paragraph (3) have constrained the ability of 
     the Corporation to leverage its full capacity to enhance the 
     economic and strategic competitiveness of the United States 
     and to cooperate effectively with foreign partners and the 
     private sector.
       (d) Sense of Congress.--It is the sense of Congress that--
       (1) the proper budgetary treatment of the insurance and 
     reinsurance authorities of the Corporation, including 
     insurance and reinsurance of debt, is not subject to 
     budgetary treatment under the requirements of Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.); and
       (2) guaranties provided by the Corporation in excess of 80 
     percent of an obligation are exempt from applicable 
     provisions of the Office of Management and Budget Circular A-
     129.
       (e) Modification of Eligibility Definitions.--The Build Act 
     of 2018 (22 U.S.C. 9601 et seq.) is amended--
       (1) in section 1402--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) Fragile and conflict-affected state.--The term 
     `fragile and conflict-affected state' means a country that--
       ``(A) is on the List of Fragile and Conflict-affected 
     Situations maintained by the Fragility, Conflict and Violence 
     Group of the World Bank; or
       ``(B) the Corporation, after consultation with the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development, designates as fragile 
     or conflict-affected.''; and
       (2) in section 1412(c), by striking paragraph (2) and 
     inserting the following:
       ``(2) Eligible countries.--The Corporation may provide 
     support under title II in a country that is--
       ``(A) eligible to receive development lending from the 
     World Bank; and
       ``(B) a fragile and conflict-affected state.''.
       (f) Budgetary Treatment of Equity Investments by the 
     Corporation.--Section 1421(c) of the BUILD Act of 2018 (22 
     U.S.C. 9521 (c)) is amended by adding at the end the 
     following:
       ``(7) Present value of equity account.--There is 
     established as a subaccount within the Corporate Capital 
     Account a fund to be known as the `Corporate Equity Account' 
     to carry out this subsection.
       ``(8) Budgetary treatment of equity investments.--
       ``(A) Calculation of the costs of investment.--
       ``(i) In general.--The cost of support provided under 
     paragraph (1) with respect to a project shall be the net 
     present value, at the time when funds are disbursed to 
     provide the support, excluding administrative costs and any 
     incidental effects on governmental receipts or outlays, of 
     the following estimated cash flows:

       ``(I) The purchase price of the investment.
       ``(II) Dividends, redemptions, and other shareholder 
     distributions during the term of the support.
       ``(III) Proceeds received upon a sale, redemption, or other 
     liquidation of the investment.
       ``(IV) Foreign currency fluctuations, for support 
     denominated in foreign currencies.
       ``(V) Any other relevant cashflow.

       ``(ii) Changes in terms included.--The estimated cash flows 
     described in subclauses (I) through (V) of clause (i) shall 
     include the effects of changes in terms resulting from the 
     exercise of options included in the agreement to provide the 
     support.
       ``(iii) Discount rate.--The discount rate shall be the 
     average interest rate on marketable Treasury securities of 
     similar maturity to the support provided under paragraph (1).
       ``(B) Transfer.--Subject to the availability of 
     appropriations, an amount equal to the cost of support 
     determined under subparagraph (A) shall be transferred from 
     the Corporate Capital Account to the Corporate Equity 
     Account.
       ``(C) Differential amount.--
       ``(i) Appropriation.--For any fiscal year, upon the 
     transfer of an amount pursuant to subparagraph (B), an amount 
     equal to the differential amount shall be appropriated, out 
     of any money in the Treasury not otherwise appropriated, to 
     the Corporate Equity Account.
       ``(ii) Treatment as direct spending.--An amount 
     appropriated pursuant to clause (i) shall be recorded as 
     direct spending (as defined by section 250(c)(8) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900(c)(8)).
       ``(iii) Budgetary effects.--The following shall apply to 
     budget enforcement under the Congressional Budget Act of 1974 
     (2 U.S.C. 601 et seq.), the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), and the 
     Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.):

       ``(I) Future appropriations.--Any amount appropriated 
     pursuant to clause (i) shall not be recorded as budget 
     authority or outlays for purposes of any estimate under the 
     Congressional Budget Act of 1974 or the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       ``(II) Statutory paygo scorecards.--The budgetary effects 
     of any amounts appropriated pursuant to clause (i) shall not 
     be entered on either PAYGO scorecard maintained pursuant to 
     section 4(d) of the Statutory Pay As-You-Go Act of 2010 (2 
     U.S.C. 933(d)).
       ``(III) Senate paygo scorecards.--The budgetary effects of 
     any amounts appropriated pursuant to clause (i) shall not be 
     entered on any PAYGO scorecard maintained for purposes of 
     section 4106 of H. Con. Res. 71 (115th Congress).
       ``(IV) Elimination of credit for cancellation or rescission 
     of differential.--If there is enacted into law an Act that 
     rescinds or reduces an amount appropriated pursuant to clause 
     (i), the amount of any such rescission or reduction shall not 
     be--

       ``(aa) estimated as a reduction in direct spending under 
     the Congressional Budget Act of 1974 or the Balanced Budget 
     and Emergency Deficit Control Act of 1985; or
       ``(bb) entered on either PAYGO scorecard maintained 
     pursuant to section 4(d) of the Statutory Pay As-You-Go Act 
     of 2010 or any PAYGO scorecard maintained for purposes of 
     section 4106 of H. Con. Res. 71 (115th Congress).
       ``(iv) Differential amount defined.--In this subparagraph, 
     the term `differential amount' means the difference between 
     the cost of support provided under paragraph (1), as 
     determined under subparagraph (A), and the purchase price of 
     the equity investment involved.
       ``(D) Coordination.--
       ``(i) In general.--The Director of the Office of Management 
     and Budget, in consultation with the Corporation, shall be 
     responsible for coordinating the cost estimates required by 
     this paragraph.
       ``(ii) Rule of construction.--Nothing in this subparagraph 
     shall be construed to change the authority or responsibility 
     of the Corporation to determine the terms and conditions of 
     eligibility for, or the amount of support provided by, the 
     Corporation.''.
       (g) Maximum Contingent Liability.--Section 1433 of the 
     BUILD Act of 2018 (22 U.S.C. 9633) is amended by striking 
     ``$60,000,000,000'' and inserting ``$100,000,000,000''.
       (h) Reporting Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Chief Executive 
     Officer of the

[[Page S2424]]

     Corporation shall submit to the appropriate congressional 
     committees a plan to expand the financing of the Corporation 
     to support national security and development priorities of 
     the United States in critical regions, including--
       (1) a description of the budgetary, staffing, and 
     programmatic resources necessary to carry out the plan; and
       (2) the effective date and the basis used, in consultation 
     with the Director of the Office of Management and Budget, to 
     calculate the net present value of funds appropriated for use 
     under section 1421(c) of the Build Act of 2018 (22 U.S.C. 
     9621(c)).
                                 ______
                                 
  SA 258. Mr. WHITEHOUSE (for himself, Mr. Tillis, Mr. Blumenthal, and 
Mr. Kennedy) submitted an amendment intended to be proposed by him to 
the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1083. 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 shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary 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.''.
                                 ______
                                 
  SA 259. Mr. DURBIN (for himself, Mr. Grassley, Mr. King, Mr. Cassidy, 
Mr. Padilla, Ms. Collins, Mr. Van Hollen, Mr. Scott of Florida, Mr. 
Booker, Ms. Stabenow, and Ms. Baldwin) submitted an amendment intended 
to be proposed by him to the bill S. 2226, to 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; which was ordered to lie on 
the table; as follows:

       At the end of subtitle C of title XII, add the following:

     SEC. 1240A. BALTIC SECURITY INITIATIVE.

       (a) Establishment.--The Secretary of Defense shall 
     establish and carry out an initiative, to be known as the 
     ``Baltic Security Initiative'' (in this section referred to 
     as the ``Initiative'') for the purpose of deepening security 
     cooperation with the Baltic countries.
       (b) Relationship to Existing Authorities.--The Initiative 
     required by subsection (a) shall be carried out pursuant to 
     the authorities provided in title 10, United States Code.
       (c) Objectives.--The objectives of the Initiative shall 
     be--
       (1) to achieve United States national security objectives 
     by--
       (A) deterring aggression by the Russian Federation; and
       (B) implementing the North Atlantic Treaty Organization's 
     new Strategic Concept, which seeks to strengthen the 
     alliance's deterrence and defense posture by denying 
     potential adversaries any possible opportunities for 
     aggression;
       (2) consistent with the Baltic defense assessment and 
     report submitted to Congress pursuant to section 1246 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92; 133 Stat. 1661) and the annual United 
     States-Baltic Dialogue among Estonia, Latvia, and Lithuania, 
     and the Department of Defense and the Department of State, to 
     enhance regional planning and cooperation among the Baltic 
     countries, particularly with respect to long-term regional 
     capability projects, including--
       (A) long-range precision fire systems and capabilities;
       (B) integrated air and missile defense;
       (C) maritime domain awareness;
       (D) land forces development, including stockpiling large 
     caliber ammunition;
       (E) command, control, communications, computers, 
     intelligence, surveillance, and reconnaissance;
       (F) special operations forces development;
       (G) coordination with and security enhancements for Poland, 
     which is a neighboring North Atlantic Treaty Organization 
     ally; and
       (H) other military capabilities, as determined by the 
     Secretary of Defense; and
       (3) to improve the Baltic countries' cyber defenses and 
     resilience to hybrid threats.
       (d) Strategy.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report setting forth a strategy for the 
     Department of Defense to achieve the objectives described in 
     subsection (b).
       (2) Considerations.--The strategy required by this 
     subsection shall include a consideration of--
       (A) security assistance programs for the Baltic countries 
     authorized as of the date on which the strategy is submitted;
       (B) the ongoing security threats to the North Atlantic 
     Treaty Organization's eastern flank posed by Russian 
     aggression, including as a result of the Russian Federation's 
     2022 invasion of Ukraine with support from Belarus; and
       (C) the ongoing security threats to the Baltic countries 
     posed by the presence, coercive economic policies, and other 
     malign activities of the People's Republic of China.
       (e) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of Defense $350,000,000 for each of the fiscal 
     years 2024, 2025, and 2026 to carry out the Initiative.
       (2) Sense of congress.--It is the sense of Congress that 
     the Secretary of Defense should seek to require matching 
     funds from each of the Baltic countries that participate in 
     the Initiative in amounts commensurate

[[Page S2425]]

     with amounts provided by the Department of Defense for the 
     Initiative.
       (f) Baltic Countries Defined.--In this section, the term 
     ``Baltic countries'' means--
       (1) Estonia;
       (2) Latvia; and
       (3) Lithuania.
                                 ______
                                 
  SA 260. Ms. HIRONO (for herself and Ms. Murkowski) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. EXEMPTION FROM IMMIGRANT VISA LIMIT FOR CHILDREN OF 
                   CERTAIN FILIPINO WORLD WAR II VETERANS.

       Section 201(b)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1151(b)(1)) is amended by adding at the end the 
     following:
       ``(F) Aliens who--
       ``(i) are eligible for a visa under paragraph (1) or (3) of 
     section 203(a); and
       ``(ii) have a parent (regardless of whether the parent is 
     living or dead) who was naturalized pursuant to--
       ``(I) section 405 of the Immigration Act of 1990 (Public 
     Law 101-649; 8 U.S.C. 1440 note); or
       ``(II) title III of the Act of October 14, 1940 (54 Stat. 
     1137, chapter 876), as added by section 1001 of the Second 
     War Powers Act, 1942 (56 Stat. 182, chapter 199).''.
                                 ______
                                 
  SA 261. Mr. WELCH (for himself, Mr. Tillis, and Ms. Murkowski) 
submitted an amendment intended to be proposed by him to the bill S. 
2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle E of title III, add the following:

     SEC. 345. REPORT BY DEPARTMENT OF DEFENSE ON ALTERNATIVES TO 
                   BURN PITS.

       Not later than 60 days after the date on which the 
     President submits the budget of the President under section 
     1105(a) of title 31, United States Code, for fiscal year 
     2024, the Under Secretary of Defense for Acquisition and 
     Sustainment shall submit to Congress a report on incinerators 
     and waste-to-energy waste disposal alternatives to burn pits.
                                 ______
                                 
  SA 262. Mr. WELCH (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1083. BURN PIT REGISTRY UPDATES.

       (a) Individuals Eligible to Update.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall take actions necessary to ensure that the burn pit 
     registry may be updated with the cause of death of a deceased 
     registered individual by--
       (A) an individual designated by such deceased registered 
     individual; or
       (B) if no such individual is designated, an immediate 
     family member of such deceased registered individual.
       (2) Designation.--The Secretary shall provide, with respect 
     to the burn pit registry, a process by which a registered 
     individual may make a designation for purposes of paragraph 
     (1)(A).
       (b) Definitions.--In this section:
       (1) Burn pit registry.--The term ``burn pit registry'' 
     means the registry established under section 201 of the 
     Dignified Burial and Other Veterans' Benefits Improvement Act 
     of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
       (2) Immediate family member.--The term ``immediate family 
     member'', with respect to a deceased individual, means--
       (A) the spouse, parent, brother, sister, or adult child of 
     the individual;
       (B) an adult person to whom the individual stands in loco 
     parentis; or
       (C) any other adult person--
       (i) living in the household of the individual at the time 
     of the death of the individual; and
       (ii) related to the individual by blood or marriage.
       (3) Registered individual.--The term ``registered 
     individual'' means an individual registered with the burn pit 
     registry.
                                 ______
                                 
  SA 263. Mr. WELCH (for himself and Mr. Tillis) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to 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; which was 
ordered to lie on the table; as follows:

        At the end of subtitle C of title VI, add the following:

     SEC. 633. OUTREACH TO MEMBERS OF THE ARMED FORCES REGARDING 
                   POSSIBLE TOXIC EXPOSURE.

       (a) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of Veterans Affairs, shall 
     establish--
       (1) a new risk assessment for toxic exposure for members of 
     the Armed Forces assigned to work near burn pits; and
       (2) an outreach program to inform such members--
       (A) regarding such risk of toxic exposure; and
       (B) regarding benefits and support programs furnished by 
     the Secretary of Defense (including eligibility requirements 
     and timelines) regarding toxic exposure.
       (b) Promotion.--The Secretary of Defense shall promote the 
     outreach program required under subsection (a) to members of 
     the Armed Forces assigned to work near burn pits by direct 
     mail, email, text messaging, and social media.
       (c) Publication.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     publish on a website of the Department of Defense a list of 
     resources furnished by the Secretary for--
       (1) members of the Armed Forces and veterans who 
     experienced toxic exposure in the course of serving as a 
     member of the Armed Forces;
       (2) dependents and caregivers of such members and veterans; 
     and
       (3) survivors of such members and veterans who receive 
     death benefits under laws administered by the Secretary.
       (d) Toxic Exposure Defined.--In this section, the term 
     ``toxic exposure'' has the meaning given that term in section 
     101 of title 38, United States Code.
                                 ______
                                 
  SA 264. Mr. RISCH (for himself and Mr. Whitehouse) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the end of division A, add the following:

TITLE XVIII--REBUILDING ECONOMIC PROSPERITY AND OPPORTUNITY FOR UKRAINE 
                                  ACT

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Rebuilding Economic 
     Prosperity and Opportunity for Ukraine Act'' or the ``REPO 
     for Ukraine Act''.

  Subtitle A--Confiscation and Repurposing of Russian Sovereign Assets

     SEC. 1811. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) On February 24, 2022, the Government of the Russian 
     Federation violated the sovereignty and territorial integrity 
     of Ukraine by engaging in a premeditated, second illegal 
     invasion of Ukraine.
       (2) The international community has condemned the illegal 
     invasions of Ukraine by the Russian Federation, as well as 
     the commission of war crimes by the Russian Federation, 
     including through the deliberate targeting of civilians and 
     civilian infrastructure and the commission of sexual 
     violence.
       (3) The leaders of the G7 have called the Russian 
     Federation's ``unprovoked and completely unjustified attack 
     on the democratic state of Ukraine'' a ``serious violation of 
     international law and a grave breach of the United Nations 
     Charter and all commitments Russia entered in the Helsinki 
     Final Act and the Charter of Paris and its commitments in the 
     Budapest Memorandum''.
       (4) On March 2, 2022, the United Nations General Assembly 
     adopted Resolution ES-11/1, entitled ``Aggression against 
     Ukraine'', by a vote of 141 to 5. That resolution 
     ``deplore[d] in the strongest terms the aggression by the 
     Russian Federation against Ukraine in violation of Article 
     2(4) of the [United Nations] Charter'' and demanded that the 
     Russian Federation ``immediately cease its use of force 
     against Ukraine'' and ``immediately, completely and 
     unconditionally withdraw all of its military forces from the 
     territory of Ukraine within its internationally recognized 
     borders''.
       (5) On March 16, 2022, the International Court of Justice 
     issued provisional measures ordering the Russian Federation 
     to ``immediately suspend the military operations that it 
     commenced on 24 February 2022 in the territory of Ukraine''.
       (6) On November 14, 2022, the United Nations General 
     Assembly adopted a resolution--
       (A) recognizing that the Russian Federation must bear the 
     legal consequences of all

[[Page S2426]]

     of its internationally wrongful acts, including making 
     reparation for the injury, including any damage, caused by 
     such acts;
       (B) recognizing the need for the establishment of an 
     international mechanism for reparation for damage, loss, or 
     injury caused by the Russian Federation in Ukraine; and
       (C) recommending creation of an international register of 
     such damage, loss, or injury.
       (7) Under international law, a country that is responsible 
     for an internationally wrongful act is under an obligation to 
     compensate for the damage it has caused if such damage cannot 
     be made good by restitution. The Russian Federation bears 
     such responsibility to compensate Ukraine, and because of 
     this grave breach of international law, all states are 
     legally entitled to take countermeasures that are 
     proportionate and aimed at inducing the Russian Federation to 
     comply with its international obligations, including 
     countermeasures that suspend ordinary international 
     obligations to the Russian Federation, to help enforce the 
     obligation of the Russian Federation to compensate Ukraine.
       (b) Sense of Congress.--It is the sense of Congress that, 
     having committed an act of aggression, as recognized by the 
     United Nations General Assembly on March 2, 2022, the Russian 
     Federation is to be considered as an aggressor state. The 
     extreme illegal actions taken by the Russian Federation, 
     including an act of aggression, present a unique situation, 
     requiring and justifying the establishment of a legal 
     authority to compensate victims of aggression by the Russian 
     Federation in Ukraine. In this case, that authority is the 
     authority of the United States Government and other countries 
     to confiscate Russian sovereign assets in their respective 
     jurisdictions to help enforce the obligation of the Russian 
     Federation to compensate Ukraine.

     SEC. 1812. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE 
                   RUSSIAN FEDERATION PROVIDING COMPENSATION TO 
                   UKRAINE.

       It is the sense of Congress that--
       (1) the Russian Federation bears responsibility for the 
     financial burden of the reconstruction of Ukraine and for 
     countless other costs associated with the illegal invasion of 
     Ukraine by the Russian Federation that began on February 24, 
     2022;
       (2) the full cost of the Russian Federation's unlawful war 
     against Ukraine and the amount of money the Russian 
     Federation must pay Ukraine should be assessed by an 
     international body or mechanism charged with determining 
     compensation and providing assistance to Ukraine;
       (3) the Russian Federation is now on notice of its 
     opportunity to comply with its international obligations, 
     including compensation, or, by agreement with the government 
     of independent Ukraine, authorize an international body or 
     mechanism to address those outstanding obligations with 
     authority to make binding decisions on parties that comply in 
     good faith;
       (4) the Russian Federation can, by negotiated agreement, 
     participate in any international process to assess the full 
     cost of the Russian Federation's unlawful war against Ukraine 
     and make funds available to compensate for damage, loss, and 
     injury arising from its internationally wrongful acts in 
     Ukraine, and if it fails to do so, the United States and 
     other countries should explore other avenues for ensuring 
     compensation to Ukraine, including confiscation and 
     repurposing of assets of the Russian Federation;
       (5) the President should lead robust engagement on all 
     bilateral and multilateral aspects of the response by the 
     United States to efforts by the Russian Federation to 
     undermine the sovereignty and territorial integrity of 
     Ukraine, including on any policy coordination and alignment 
     regarding the disposition of Russian sovereign assets in the 
     context of compensation;
       (6) the confiscation and repurposing of Russian sovereign 
     assets by the United States is in the vital national security 
     interests of the United States and consistent with United 
     States and international law; and
       (7) the United States should work with international allies 
     and partners on the confiscation and repurposing of Russian 
     sovereign assets as part of a coordinated, multilateral 
     effort, including with G7 countries and other countries in 
     which Russian sovereign assets are located.

     SEC. 1813. PROHIBITION ON RELEASE OF BLOCKED RUSSIAN 
                   SOVEREIGN ASSETS.

       (a) In General.--No Russian sovereign asset that is blocked 
     or immobilized by the Department of the Treasury before the 
     date specified in section 1814(g) may be released or 
     mobilized until the President certifies to the appropriate 
     congressional committees that--
       (1) hostilities between the Russian Federation and Ukraine 
     have ceased; and
       (2)(A) full compensation has been made to Ukraine for harms 
     resulting from the invasion of Ukraine by the Russian 
     Federation; or
       (B) the Russian Federation is participating in a bona fide 
     international mechanism that, by agreement, will discharge 
     the obligations of the Russian Federation to compensate 
     Ukraine for all amounts determined to be owed to Ukraine.
       (b) Notification.--Not later than 30 days before the 
     release or mobilization of a Russian sovereign asset that 
     previously had been blocked or immobilized by the Department 
     of the Treasury, the President shall submit to the 
     appropriate congressional committees--
       (1) a notification of the decision to release or mobilize 
     the asset; and
       (2) a justification in writing for such release or 
     mobilization.
       (c) Joint Resolution of Disapproval.--
       (1) In general.--No Russian sovereign asset that previously 
     had been blocked or immobilized by the Department of the 
     Treasury may be released or mobilized if, within 30 days of 
     receipt of the notification and justification required under 
     subsection (b), a joint resolution is enacted prohibiting the 
     proposed release or mobilization.
       (2) Expedited procedures.--Any joint resolution described 
     in paragraph (1) introduced in either House of Congress shall 
     be considered in accordance with the provisions of section 
     601(b) of the International Security Assistance and Arms 
     Export Control Act of 1976 (Public Law 94-329; 90 Stat. 765), 
     except that any such resolution shall be amendable. If such a 
     joint resolution should be vetoed by the President, the time 
     for debate in consideration of the veto message on such 
     measure shall be limited to 20 hours in the Senate and in the 
     House of Representatives shall be determined in accordance 
     with the Rules of the House.
       (d) Cooperation on Prohibition of Release of Certain 
     Russian Sovereign Assets.--The President may take such action 
     as may be necessary to seek to obtain an agreement or 
     arrangement between the United States, Ukraine, and other 
     countries that have blocked or immobilized Russian sovereign 
     assets to prohibit such assets from being released or 
     mobilized until an agreement has been reached that discharges 
     the Russian Federation from further obligations to compensate 
     Ukraine.

     SEC. 1814. AUTHORITY TO ENSURE COMPENSATION TO UKRAINE USING 
                   CONFISCATED RUSSIAN SOVEREIGN ASSETS.

       (a) Reporting on Russian Assets.--
       (1) Notice required.--Not later than 30 days after the date 
     of the enactment of this Act, the President shall, by means 
     of such instructions or regulations as the President may 
     prescribe, require any United States financial institution at 
     which Russian sovereign assets are located, and that knows or 
     should know of such assets, to provide notice of such assets, 
     including relevant information required under section 
     501.603(b)(ii) of title 31, Code of Federal Regulations (or 
     successor regulations), to the Secretary of the Treasury not 
     later than 10 days after detection of such assets.
       (2) Report required.--
       (A) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter for 3 
     years, the President shall submit to the appropriate 
     congressional committees a report detailing the status of 
     Russian sovereign assets subject to the jurisdiction of the 
     United States.
       (B) Form.--The report required by subparagraph (A) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (b) Confiscation.--
       (1) In general.--The President may confiscate any Russian 
     sovereign assets subject to the jurisdiction of the United 
     States.
       (2) Liquidation and deposit.--The President shall--
       (A) deposit any funds confiscated under paragraph (1) into 
     the Ukraine Support Fund established under subsection (c);
       (B) liquidate or sell any other property confiscated under 
     paragraph (1) and deposit the funds resulting from such 
     liquidation or sale into the Ukraine Support Fund established 
     under subsection (c); and
       (C) make all such funds available for the purposes 
     described in subsection (d).
       (3) Method of confiscation.--The President shall confiscate 
     Russian sovereign assets under paragraph (1) through 
     instructions or licenses or in such other manner as the 
     President determines appropriate.
       (4) Vesting.--All right, title, and interest in Russian 
     sovereign assets confiscated under paragraph (1) shall vest, 
     if necessary, in the Government of the United States while 
     being held in the Ukraine Support Fund established under 
     subsection (c).
       (c) Establishment of the Ukraine Support Fund.--
       (1) In general.--The President shall establish a non-
     interest-bearing account, to be known as the ``Ukraine 
     Support Fund'', to consist of the funds deposited into the 
     account under subsection (b).
       (2) Use of funds.--The funds in the account established 
     under paragraph (1) shall be available to be used only as 
     specified in subsection (d).
       (d) Use of Confiscated Property.--
       (1) In general.--Subject to paragraph (2), funds in the 
     Ukraine Support Fund shall be available to the Secretary of 
     State, in consultation with the Administrator of the United 
     States Agency for International Development, for the purpose 
     of compensating Ukraine for damages resulting from the 
     unlawful invasion by the Russian Federation that began on 
     February 24, 2022, including through, to the extent possible, 
     the provision of such funds to an international body or 
     mechanism charged with determining compensation and providing 
     assistance to Ukraine, for purposes that include the 
     following:
       (A) Reconstruction and rebuilding efforts in Ukraine.
       (B) To provide humanitarian assistance to the people of 
     Ukraine.

[[Page S2427]]

       (C) Such other purposes as the Secretary determines 
     directly and effectively support the recovery of Ukraine and 
     the welfare of the people of Ukraine.
       (2) Notification.--
       (A) In general.--The Secretary of State shall notify the 
     appropriate congressional committees not fewer than 15 days 
     before providing any funds from the Ukraine Support Fund to 
     the Government of Ukraine or to any other person or 
     international organization for the purposes described in 
     paragraph (1).
       (B) Elements.--A notification under subparagraph (A) with 
     respect to the provision of funds to the Government of 
     Ukraine shall specify--
       (i) the amount of funds to be provided;
       (ii) the purpose for which such funds are provided; and
       (iii) the recipient.
       (e) Judicial Review.--
       (1) In general.--The confiscation of Russian sovereign 
     assets under subsection (b)(1) shall not be subject to 
     judicial review.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to limit any private individual or entity from 
     asserting due process claims in United States courts.
       (f) Exception for United States Obligations Under Vienna 
     Conventions.--The authorities provided by this section may 
     not be exercised in a manner inconsistent with the 
     obligations of the United States under--
       (1) the Convention on Diplomatic Relations, done at Vienna 
     April 18, 1961, and entered into force April 24, 1964 (23 UST 
     3227);
       (2) the Convention on Consular Relations, done at Vienna 
     April 24, 1963, and entered into force on March 19, 1967 (21 
     UST 77);
       (3) the Agreement Regarding the Headquarters of the United 
     Nations, signed at Lake Success June 26, 1947, and entered 
     into force November 21, 1947 (TIAS 1676); or
       (4) any other international agreement governing the use of 
     force and establishing rights under international 
     humanitarian law.
       (g) Sunset.--The authority to confiscate, liquidate, and 
     transfer Russian sovereign assets under this section shall 
     terminate on the earlier of--
       (1) the date that is 5 years after the date of the 
     enactment of this Act; or
       (2) the date that is 120 days after the date on which the 
     President determines and certifies to the appropriate 
     congressional committees that--
       (A) hostilities between the Russian Federation and Ukraine 
     have ceased; and
       (B)(i) full compensation has been made to Ukraine for harms 
     resulting from the invasion of Ukraine by the Russian 
     Federation; or
       (ii) the Russian Federation is participating in a bona fide 
     international mechanism that, by agreement, will discharge 
     the obligations of the Russian Federation to compensate 
     Ukraine for all amounts determined to be owed to Ukraine.

     SEC. 1815. INTERNATIONAL AGREEMENT TO USE RUSSIAN SOVEREIGN 
                   ASSETS TO PROVIDE FOR THE RECONSTRUCTION OF 
                   UKRAINE.

       (a) In General.--The President shall take such action as 
     the President determines necessary to seek to establish a 
     common international compensation mechanism, in coordination 
     with foreign partners including Ukraine, that shall include 
     the establishment of an international fund to be known as the 
     ``Common Ukraine Fund'', that uses assets in the Ukraine 
     Support Fund established under section 1814(c) and 
     contributions from foreign partners that have also 
     confiscated Russian sovereign assets to allow for 
     compensation for Ukraine, including by--
       (1) establishing a register of damage to serve as a record 
     of evidence and for assessment of the full costs of damages 
     to Ukraine resulting from the invasion of Ukraine by the 
     Russian Federation that began on February 24, 2022;
       (2) establishing a mechanism for compensating Ukraine for 
     damages resulting from that invasion;
       (3) ensuring distribution of those assets or the proceeds 
     of those assets based on determinations under that mechanism; 
     and
       (4) taking such other actions as may be necessary to carry 
     out this section.
       (b) Authorization for Deposit in the Common Ukraine Fund.--
     Upon the President reaching an agreement or arrangement to 
     establish a common international compensation mechanism 
     pursuant to subsection (a), the Secretary of State shall 
     transfer funds from the Ukraine Support Fund established 
     under section 1814(c) to the Common Ukraine Fund established 
     under subsection (a).
       (c) Notifications.--
       (1) Agreement or arrangement.--The President shall notify 
     the appropriate congressional committees not later than 30 
     days before entering into any new bilateral or multilateral 
     agreement or arrangement under subsection (a).
       (2) Transfer.--The President shall notify the appropriate 
     congressional committees not later than 30 days before any 
     transfer to the Common Ukraine Fund established under 
     subsection (a).
       (d) Limitation on Transfer of Funds.--No funds may be 
     transferred to the Common Ukraine Fund established under 
     subsection (a) unless the President certifies to the 
     appropriate congressional committees that--
       (1) the institution housing the Common Ukraine Fund has a 
     plan to ensure transparency and accountability for all funds 
     transferred to and from the Common Ukraine Fund; and
       (2) the President has transmitted the plan required under 
     paragraph (1) to the appropriate congressional committees in 
     writing.
       (e) Joint Resolution of Disapproval.--No funds may be 
     transferred to the Common Ukraine Fund established under 
     subsection (a) if, within 30 days of receipt of the 
     notification required under subsection (c)(2), a joint 
     resolution is enacted prohibiting the transfer.
       (f) Report.--Not later than 90 days after the date of the 
     enactment of this Act, and not less frequently than every 90 
     days thereafter, the President shall submit to the 
     appropriate congressional committees a report that includes 
     the following:
       (1) An accounting of funds in the Common Ukraine Fund 
     established under subsection (a).
       (2) Any information regarding the disposition of the Common 
     Ukraine Fund that has been transmitted to the President by 
     the institution housing the Common Ukraine Fund during the 
     period covered by the report.
       (3) A description of United States multilateral and 
     bilateral diplomatic engagement with allies and partners of 
     the United States that also have immobilized Russian 
     sovereign assets to allow for compensation for Ukraine during 
     the period covered by the report.
       (4) An outline of steps taken to carry out this section 
     during the period covered by the report.

     SEC. 1816. REPORT ON USE OF CONFISCATED RUSSIAN SOVEREIGN 
                   ASSETS FOR RECONSTRUCTION.

       Not later than 90 days after the date of the enactment of 
     this Act, and every 90 days thereafter, the Secretary of 
     State, in consultation with the Secretary of the Treasury, 
     shall submit to the appropriate congressional committees a 
     report that contains--
       (1) the amount and source of Russian sovereign assets 
     confiscated pursuant to subsection (b)(1) of section 1814;
       (2) the amount and source of funds deposited into the 
     Ukraine Support Fund under subsection (b)(2) of that section; 
     and
       (3) a detailed description and accounting of how such funds 
     were used to meet the purposes described in subsection (d) of 
     that section.

     SEC. 1817. ASSESSMENT BY SECRETARY OF STATE AND ADMINISTRATOR 
                   OF UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT ON RECONSTRUCTION AND REBUILDING 
                   NEEDS OF UKRAINE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     appropriate congressional committees an assessment of the 
     most pressing needs of Ukraine for reconstruction, 
     rebuilding, security assistance, and humanitarian aid.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) An estimate of the rebuilding and reconstruction needs 
     of Ukraine, as of the date of the assessment, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation, 
     including--
       (A) a description of the sources and methods for the 
     estimate; and
       (B) an identification of the locations or regions in 
     Ukraine with the most pressing needs.
       (2) An estimate of the humanitarian needs, as of the date 
     of the assessment, of the people of Ukraine, including 
     Ukrainians residing inside the internationally recognized 
     borders of Ukraine or outside those borders, resulting from 
     the unlawful invasion of Ukraine by the Russian Federation.
       (3) An assessment of the extent to which the needs 
     described in paragraphs (1) and (2) have been met or funded, 
     by any source, as of the date of the assessment.
       (4) A plan to engage in robust multilateral and bilateral 
     diplomacy to ensure that allies and partners of the United 
     States, particularly in the European Union as Ukraine seeks 
     accession, increase their commitment to Ukraine's 
     reconstruction.
       (5) An identification of which such needs should be 
     prioritized, including any assessment or request by the 
     Government of Ukraine with respect to the prioritization of 
     such needs.

     SEC. 1818. EXCEPTION RELATING TO IMPORTATION OF GOODS.

       (a) In General.--The authorities and requirements under 
     this subtitle shall not include the authority or a 
     requirement to impose sanctions on the importation of goods.
       (b) Good Defined.--In this section, the term ``good'' means 
     any article, natural or manmade substance, material, supply, 
     or manufactured product, including inspection and test 
     equipment, and excluding technical data.

     SEC. 1819. DEFINITIONS.

       In this subtitle:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives.
       (2) Financial institution.--The term ``financial 
     institution'' means a financial institution specified in 
     subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), 
     (J), (M), or (Z) of section 5312(a)(2) of title 31, United 
     States Code.
       (3) G7.--The term ``G7'' means the countries that are 
     member of the informal Group

[[Page S2428]]

     of 7, including Canada, France, Germany, Italy, Japan, the 
     United Kingdom, and the United States.
       (4) Russian sovereign asset.--The term ``Russian sovereign 
     asset'' means any of the following:
       (A) Funds and other property of--
       (i) the Central Bank of the Russian Federation;
       (ii) the Russian Direct Investment Fund; or
       (iii) the Ministry of Finance of the Russian Federation.
       (B) Any sovereign funds of the Russian Federation held in a 
     financial institution that is wholly owned or controlled by 
     the Government of the Russian Federation.
       (C) Any other funds or other property wholly owned or 
     controlled by the Government of the Russian Federation, 
     including by any subdivision, agency, or instrumentality of 
     that government.
       (5) United states.--The term ``United States'' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the Commonwealth of the Northern Mariana 
     Islands, American Samoa, Guam, the United States Virgin 
     Islands, and any other territory or possession of the United 
     States.
       (6) United states financial institution.--The term ``United 
     States financial institution'' means a financial institution 
     organized under the laws of the United States or of any 
     jurisdiction within the United States, including a foreign 
     branch of such an institution.

            Subtitle B--Multilateral Sanctions Coordination

     SEC. 1821. STATEMENT OF POLICY REGARDING COORDINATION OF 
                   MULTILATERAL SANCTIONS WITH RESPECT TO THE 
                   RUSSIAN FEDERATION.

       (a) In General.--In response to the Russian Federation's 
     unprovoked and illegal invasion of Ukraine, it is the policy 
     of the United States that--
       (1) the United States, along with the European Union, the 
     G7, Australia, and other willing allies and partners of the 
     United States, should lead a coordinated international 
     sanctions regime to freeze sovereign assets of the Russian 
     Federation;
       (2) the head of the Office of Sanctions Coordination of the 
     Department of State should engage in interagency and 
     multilateral coordination with agencies of the European 
     Union, the G7, Australia, and other allies and partners of 
     the United States to ensure the ongoing implementation and 
     enforcement of sanctions with respect to the Russian 
     Federation in response to its invasion of Ukraine;
       (3) the Secretary of State, in consultation with the 
     Secretary of the Treasury, should, to the extent practicable 
     and consistent with relevant United States law, lead and 
     coordinate with the European Union, the G7, Australia, and 
     other allies and partners of the United States with respect 
     to enforcement of sanctions imposed with respect to the 
     Russian Federation;
       (4) the United States should provide relevant technical 
     assistance, implementation guidance, and support relating to 
     enforcement and implementation of sanctions imposed with 
     respect to the Russian Federation;
       (5) where appropriate, the head of the Office of Sanctions 
     Coordination, in coordination with the Bureau of Economic and 
     Business Affairs and the Bureau of European and Eurasian 
     Affairs of the Department of State and the Department of the 
     Treasury, should seek private sector input regarding 
     sanctions policy with respect to the Russian Federation and 
     the implementation of and compliance with such sanctions 
     imposed with respect to the Russian Federation; and
       (6) the Secretary of State, in coordination with the 
     Secretary of the Treasury, should continue robust diplomatic 
     engagement with allies and partners of the United States, 
     including the European Union, the G7, and Australia, to 
     encourage such allies and partners to impose such sanctions.
       (b) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Office of Sanctions Coordination of the Department of 
     State $15,000,000 for each of fiscal years 2024, 2025, and 
     2026 to carry out this section.
       (2) Supplement not supplant.--The amounts authorized to be 
     appropriated by paragraph (1) shall supplement and not 
     supplant other amounts authorized to be appropriated for the 
     Office of Sanctions Coordination.

     SEC. 1822. ASSESSMENT OF IMPACT OF UKRAINE-RELATED SANCTIONS 
                   ON THE ECONOMY OF THE RUSSIAN FEDERATION.

       (a) Report and Briefings.--At the times specified in 
     subsection (b), the President shall submit a report and 
     provide a briefing to the appropriate congressional 
     committees on the impact on the economy of the Russian 
     Federation of sanctions imposed by the United States and 
     other countries with respect to the Russian Federation in 
     response to the unlawful invasion of Ukraine by the Russian 
     Federation.
       (b) Timing.--The President shall--
       (1) submit a report and provide a briefing described in 
     subsection (a) to the appropriate congressional committees 
     not later than 90 days after the date of the enactment of 
     this Act; and
       (2) submit to the appropriate congressional committees a 
     report described in subsection (a) every 180 days thereafter 
     until the date that is 5 years after such date of enactment.
       (c) Elements.--Each report required by this section shall 
     include--
       (1) an assessment of--
       (A) the impacts of the sanctions described in subsection 
     (a), disaggregated by major economic sector, including the 
     energy, aerospace and defense, shipping, banking, and 
     financial sectors;
       (B) the macroeconomic impact of those sanctions on Russian, 
     European, and global economy market trends, including shifts 
     in global markets as a result of those sanctions; and
       (C) efforts by other countries or actors and offshore 
     financial providers to facilitate sanctions evasion by the 
     Russian Federation or take advantage of gaps in international 
     markets resulting from the international sanctions regime in 
     place with respect to the Russian Federation; and
       (2) recommendations for further sanctions enforcement 
     measures based on trends described in paragraph (1)(B).

     SEC. 1823. INFORMATION ON VOTING PRACTICES IN THE UNITED 
                   NATIONS WITH RESPECT TO THE INVASION OF UKRAINE 
                   BY THE RUSSIAN FEDERATION.

       Section 406(b) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 2414a(b)), is amended--
       (1) in paragraph (4), by striking ``Assembly on'' and all 
     that follows through ``opposed by the United States'' and 
     inserting the following: ``Assembly on--''
       ``(A) resolutions specifically related to Israel that are 
     opposed by the United States; and
       ``(B) resolutions specifically related to the invasion of 
     Ukraine by the Russian Federation.'';
       (2) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (3) by redesignating paragraph (6) as paragraph (7); and
       (4) by inserting after paragraph (5) the following:
       ``(6) an analysis and discussion, prepared in consultation 
     with the Secretary of State, of the extent to which member 
     countries supported United States policy objectives in the 
     Security Council and the General Assembly with respect to the 
     invasion of Ukraine by the Russian Federation; and''.
                                 ______
                                 
  SA 265. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

            Subtitle __--Securing Allies Food in Emergencies

     SEC. 12_1. SHORT TITLES.

       This subtitle may be cited as the ``Securing Allies Food in 
     Emergencies Act'' or the ``SAFE Act''.

     SEC. 12_2. STATEMENT OF POLICY.

       It is the policy of the United States to respond to the 
     looming global food crisis precipitated by the Russian 
     Federation's brutal, illegal invasion of Ukraine beginning in 
     February 2022, which threatens to destabilize key partners 
     and allies and push millions of people into hunger and 
     poverty, particularly in areas of Africa and the Middle East 
     that are already experiencing emergency levels of food 
     insecurity, by taking immediate action to improve the 
     timeliness and expand the reach of United States 
     international food assistance.

     SEC. 12_3. STRATEGY TO AVERT A GLOBAL FOOD CRISIS.

       (a) Strategy Requirement.--Not later than 30 days after the 
     date of the enactment of this Act, the Administrator of the 
     United States Agency for International Development, acting in 
     the capacity of the President's Special Coordinator for 
     International Disaster Assistance pursuant to section 493 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2292b), shall 
     develop and submit a strategy to the Committee on Foreign 
     Relations of the Senate and Committee on Foreign Affairs of 
     the House of Representatives for averting a catastrophic 
     global food security crisis, particularly in areas of Africa 
     and the Middle East that are already experiencing emergency 
     levels of food insecurity, which has been driven by sharp 
     increases in global prices for staple agricultural 
     commodities, agricultural inputs (including fertilizer), and 
     associated energy costs.
       (b) Considerations.--In developing the strategy required 
     under subsection (a), the Administrator shall consider and 
     incorporate an analysis of--
       (1) the impact of the Russian Federation's brutal, illegal 
     war in Ukraine on the cost and availability of staple 
     agricultural commodities and inputs, including fertilizer--
       (A) globally;
       (B) in countries that rely upon commercial imports of such 
     commodities and inputs from Ukraine or Russia; and
       (C) in countries that are supported through the United 
     Nations World Food Programme, which heavily relies upon 
     purchases of wheat and pulses from Ukraine and has recently 
     reported a price increase of more than $23,000,000 per month 
     for its wheat purchases;
       (2) the correlation between rising food costs and social 
     unrest in areas of strategic

[[Page S2429]]

     importance to the United States, including countries and 
     regions that experienced food riots during the 2007 to 2008 
     global food price crisis;
       (3) the underlying drivers of food insecurity in areas 
     experiencing emergency levels of hunger, including current 
     barriers to food security development programs and 
     humanitarian assistance;
       (4) existing United States foreign assistance authorities, 
     programs, and resources that could help avert a catastrophic 
     global food crisis;
       (5) recommendations to enhance the efficiency, improve the 
     timeliness, and expand the reach of United States 
     international food assistance programs and resources referred 
     to in paragraph (4);
       (6) opportunities to bolster coordination, catalyze and 
     leverage actions by other donors and through multilateral 
     development banks;
       (7) opportunities to better synchronize assistance through 
     well-coordinated development and humanitarian assistance 
     programs within the United States Agency for International 
     Development and alongside other donors;
       (8) opportunities to improve supply chain and shipping 
     logistics efficiencies in close collaboration with the 
     private sector;
       (9) opportunities for increased cooperation with the 
     Department of State to strengthen diplomatic efforts to 
     resolve global conflicts and overcome barriers to access for 
     life-saving assistance;
       (10) opportunities to support continued agricultural 
     production in Ukraine, and the extent to which food produced 
     in Ukraine can be used to meet humanitarian needs locally, 
     regionally, or in countries historically reliant upon imports 
     from Ukraine or Russia; and
       (11) opportunities to support and leverage agricultural 
     production in countries and regions currently supported by 
     United States international agricultural development 
     programs, including programs authorized under the Global Food 
     Security Act of 2016 (22 U.S.C. 9301 et seq.), in a manner 
     that--
       (A) fills critical gaps in the global supply of emergency 
     food aid commodities;
       (B) enables purchases from small holder farmers by the 
     United Nations World Food Programme;
       (C) enhances resilience to food price shocks;
       (D) promotes self-reliance; and
       (E) opens opportunities for United States agricultural 
     trade and investment.

     SEC. 12_4. EMERGENCY AUTHORITIES TO EXPAND THE TIMELINESS AND 
                   REACH OF UNITED STATES INTERNATIONAL FOOD 
                   ASSISTANCE.

       (a) In General.--Subject to the provisions of this section 
     and notwithstanding any other provision of law, the 
     Administrator of the United States Agency for International 
     Development is authorized to procure life-saving food aid 
     commodities, including commodities available locally and 
     regionally, for the provision of emergency food assistance to 
     the most vulnerable populations in countries and areas 
     experiencing acute food insecurity that has been exacerbated 
     by rising food prices, particularly in countries and areas 
     historically dependent upon imports of wheat and other staple 
     commodities from Ukraine and Russia.
       (b) Prioritization.--
       (1) In general.--In responding to crises in which emergency 
     food aid commodities are unavailable locally or regionally, 
     or in which the provision of locally or regionally procured 
     agricultural commodities would be unsafe, impractical, or 
     inappropriate, the Administrator should prioritize 
     procurements of United States agricultural commodities, 
     including when exercising authorities under section 491 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2292).
       (2) Local or regional procurements.--In making local or 
     regional procurements of food aid commodities pursuant to 
     subsection (a), the Administrator, to the extent practicable 
     and appropriate, should prioritize procurements from areas 
     supported through the international agricultural development 
     programs authorized under the Global Food Security Act of 
     2016 (22 U.S.C. 9301 et seq.) and from Ukraine, for the 
     purpose of promoting economic stability, resilience to price 
     shocks, and early recovery from such shocks in such areas.
       (c) Do No Harm.--In making local or regional procurements 
     of food aid commodities pursuant to subsection (a), the 
     Administrator shall first conduct market assessments to 
     ensure that such procurements--
       (1) will not displace United States agricultural trade and 
     investment; and
       (2) will not cause or exacerbate shortages, or otherwise 
     harm local markets, for such commodities within the countries 
     of origin.
       (d) Emergency Exceptions.--
       (1) In general.--Commodities procured pursuant to 
     subsection (b) shall be excluded from calculations of gross 
     tonnage for purposes of determining compliance with section 
     55305(b) of title 46, United States Code.
       (2) Conforming amendment.--Section 55305(b) of title 46, 
     United States Code, is amended by striking ``shall'' and 
     inserting ``should''.
       (e) Exclusions.--The authority under subsection (a) shall 
     not apply to procurements from--
       (1) the Russian Federation;
       (2) the People's Republic of China; or
       (3) any country subject to sanctions under--
       (A) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (B) section 40 of the Arms Export Control Act (22 U.S.C. 
     2780); or
       (C) section 1754(c) of the Export Control Reform Act of 
     2018 (50 U.S.C. 4813(c)).
                                 ______
                                 
  SA 266. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

     SEC. 12__. UNITED STATES MULTILATERAL AID REVIEW.

       (a) Short Title.--This section may be cited as the 
     ``Multilateral Aid Review Act of 2023''.
       (b) Purpose.--The purpose of this section is to establish a 
     United States Multilateral Aid Review (referred to in this 
     section as the ``Review'') to publicly assess the value of 
     United States Government investments in multilateral 
     entities.
       (c) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives;
       (4) the Committee on Financial Services of the House of 
     Representatives; and
       (5) the Committee on Appropriations of the House of 
     Representatives.
       (d) Objectives.--The objectives of the Review are--
       (1) to provide a tool to guide the United States 
     Government's decision making and prioritization with regard 
     to funding multilateral entities;
       (2) to provide a methodological basis for allocating 
     budgetary resources to entities that advance relevant United 
     States foreign policy objectives;
       (3) to incentivize improvements in the performance of 
     multilateral entities to achieve better outcomes, including 
     in developing, fragile, and crisis-afflicted regions; and
       (4) to protect United States taxpayer investments in 
     foreign assistance by promoting transparency with regard to 
     the funding of multilateral entities.
       (e) Scope.--The Review shall assess, at a minimum, the 
     following multilateral entities to which the United States 
     Government contributes voluntary or assessed funding, whether 
     cash or in-kind:
       (1) The World Bank Group, including the International Bank 
     for Reconstruction and Development, the International 
     Development Association, and the International Finance 
     Corporation.
       (2) The regional development banks, including the Asian 
     Development Bank, the African Development Bank, the Inter-
     American Development Bank, the European Bank for 
     Reconstruction and Development, and the North American 
     Development Bank.
       (3) Climate Investment Funds.
       (4) The Food and Agriculture Organization.
       (5) Gavi, the Vaccine Alliance.
       (6) The Global Environment Facility.
       (7) The Global Fund to Fight AIDS, Tuberculosis and 
     Malaria.
       (8) The Green Climate Fund.
       (9) The Inter-American Institute for Cooperation for 
     Agriculture.
       (10) The International Civil Aviation Organization.
       (11) The International Committee of the Red Cross.
       (12) The International Fund for Agricultural Development.
       (13) The International Labour Organization.
       (14) The International Organization for Migration.
       (15) The International Telecommunication Union.
       (16) The Joint UN Program on HIV/AIDS.
       (17) The Multilateral Fund for the Implementation of the 
     Montreal Protocol.
       (18) The Office of the United Nations High Commissioner for 
     Human Rights.
       (19) The Office of the United Nations High Commissioner for 
     Refugees.
       (20) The Organisation for Economic Co-operation and 
     Development.
       (21) The Organization of American States.
       (22) The Pacific Forum Fisheries Agency.
       (23) The Pan American Health Organization.
       (24) The United Nations Children's Fund.
       (25) The United Nations Department of Economic and Social 
     Affairs.
       (26) The United Nations Development Programme.
       (27) The United Nations Entity for Gender Equality and the 
     Empowerment of Women.
       (28) The United Nations Environment Programme.
       (29) The United Nations Framework Convention on Climate 
     Change.
       (30) The United Nations Office for Project Services.
       (31) The United Nations Office for the Coordination of 
     Humanitarian Affairs.
       (32) The United Nations Office on Drugs and Crime.
       (33) The United Nations Population Fund.

[[Page S2430]]

       (34) The United Nations Relief and Works Agency for 
     Palestine Refugees in the Near East.
       (35) The United Nations Voluntary Fund for Victims of 
     Torture.
       (36) The World Food Program.
       (37) The World Health Organization.
       (38) The World Meteorological Organization.
       (f) Report on Review.--
       (1) Submission.--
       (A) In general.--Not later than 21 months after the date of 
     the enactment of this Act, the Task Force established 
     pursuant to subsection (g), in regular consultation with the 
     Peer Review Group established under subsection (h), shall 
     submit a report to the appropriate congressional committees 
     that describes the findings of the Review.
       (B) Publication.--The Secretary of State shall publish the 
     report described in subparagraph (A) on the internet website 
     of the Department of State not later than 15 days after the 
     date on which the report is submitted to the appropriate 
     congressional committees.
       (2) Methodology.--
       (A) Use of criteria.--The Task Force shall establish an 
     analytical framework and assessment scorecard for the Review 
     using the criteria set forth in paragraph (3).
       (B) Consultation with congress.--
       (i) Submission of methodology.--Not later than 90 days 
     after the appointments to the Peer Review Group are made 
     pursuant to subsection (h)(2), the Task Force shall submit 
     the methodology for the Review to the appropriate 
     congressional committees.
       (ii) Consideration of congressional views.--The Task Force 
     may not proceed with the Review until 30 days after the 
     methodology to the appropriate congressional committees, 
     taking into consideration the views of the Chairmen and 
     Ranking Members of each of the appropriate congressional 
     committees.
       (C) Publication of criteria and methodology.--The Secretary 
     of State shall publish the final criteria and methodology for 
     the Review on the internet website of the Department of State 
     not later than 60 days after submitting the proposed 
     methodology to the appropriate congressional committees 
     pursuant to subparagraph (B)(i).
       (3) Assessment criteria.--The assessment scorecard shall 
     include the following criteria:
       (A) Relationship of stated goals to actual results.--The 
     extent to which the stated mission, goals, and objectives of 
     the entity have been achieved during the review period, 
     including--
       (i) an identification of the stated mission, goals, and 
     objectives of each entity;
       (ii) an evaluation of the extent to which the entity met 
     its stated implementation timelines and achieved declared 
     results; and
       (iii) an evaluation of whether the entity optimizes 
     resources to achieve the stated mission, goals, and 
     objectives of the entity.
       (B) Responsible management.--The extent to which management 
     of the entity follows best management practices, including--
       (i) an evaluation of the ratio of management and 
     administrative expenses to program expenses, including an 
     evaluation of entity resources spent on nonprogrammatic 
     expenses;
       (ii) an evaluation of program expense growth, including a 
     comparison of the annual growth of program expenses to the 
     annual growth of management and administrative expenses; and
       (iii) an evaluation of whether the entity has established 
     appropriate levels of senior management compensation.
       (C) Accountability and transparency.--The extent to which 
     the policies and procedures of the entity follow best 
     practices of accountability and transparency, taking into 
     consideration credible reporting regarding unauthorized 
     conversion or diversion of entity resources, and including an 
     evaluation of whether the entity has--
       (i) established and enforced--

       (I) appropriate auditing procedures;
       (II) appropriate rules to reduce the risk of conflicts of 
     interest among the senior leadership of the entity; and
       (III) appropriate whistleblower policies;

       (ii) established and maintained--

       (I) appropriate records retention policies and guidelines;
       (II) best practices with respect to transparency and public 
     disclosure; and
       (III) best practices with respect to disclosure of the 
     compensation of senior leadership officials.

       (D) Alignment with united states foreign policy 
     objectives.--The extent to which the policies and practices 
     of the entity align with relevant United States foreign 
     policy objectives, including an evaluation of--
       (i) the entity's stated mission, goals, and objectives in 
     comparison to relevant United States foreign policy 
     objectives;
       (ii) any significant divergence between the actions of the 
     entity and relevant United States foreign policy objectives; 
     and
       (iii) whether continued participation by the United States 
     in the entity contributes a net benefit towards achieving 
     relevant United States foreign policy objectives, including 
     the reasons for such conclusion.
       (E) Multilateral approach compared to bilateral approach.--
     The extent to which pursuing relevant United States foreign 
     policy objectives through a multilateral approach is 
     effective and cost-efficient compared to, or complementary 
     to, a bilateral approach, including an evaluation of--
       (i) whether relevant United States foreign policy 
     objectives are effectively pursued through the entity, 
     compared to existing or potential bilateral approaches, 
     including the criteria used in the evaluation; and
       (ii) whether relevant United States foreign policy 
     objectives are pursued on a cost-effective basis through the 
     entity, including the amount of funding leveraged from non-
     United States Government sources, compared to existing or 
     potential bilateral approaches.
       (F) Redundancies and overlap.--The extent to which the 
     mission, goals, and objectives of the entity overlap with, or 
     complement, the mission, goals, objectives, and programs of 
     other multilateral institutions to which the United States 
     Government contributes voluntary or assessed funding, whether 
     cash or in-kind, including--
       (i) a comparison of the extent to which relevant United 
     States foreign policy objectives are effectively pursued on a 
     cost-effective basis through each of the overlapping 
     entities; and
       (ii) whether continued participation in each entity 
     contributes a benefit towards achieving United States foreign 
     policy objectives.
       (g) United States Multilateral Review Task Force.--
       (1) Establishment.--The President shall establish an 
     interagency Multilateral Review Task Force (referred to in 
     this section as the ``Task Force''), which shall--
       (A) review and assess United States participation in 
     multilateral entities identified in subsection (e); and
       (B) develop and submit the report required under subsection 
     (f) to the appropriate congressional committees.
       (2) Leadership.--The Task Force shall be chaired by the 
     Secretary of State, who may delegate his or her 
     responsibilities under this section to an appropriate senior 
     Department of State official who has been confirmed by the 
     Senate.
       (3) Membership.--The President may appoint to the 
     interagency Task Force senior Senate-confirmed officials from 
     the Department of State, the Department of the Treasury, the 
     United States Agency for International Development, the 
     Centers for Disease Control and Prevention, the Department of 
     Agriculture, the Department of Energy, and any other relevant 
     executive branch department or agency.
       (4) Consultation.--In preparing the report required under 
     subsection (f), including the initial review of methodology, 
     the Task Force shall consult regularly with the Peer Review 
     Group established under subsection (h).
       (h) United States Multilateral Aid Review Peer Review 
     Group.--
       (1) Establishment.--There is established the United States 
     Multilateral Aid Review Peer Review Group (referred to in 
     this section as the ``Peer Review Group'').
       (2) Membership.--
       (A) Composition.--The Peer Review Group shall be composed 
     of 8 nongovernmental volunteer members, of whom--
       (i) 2 shall be appointed by the majority leader of the 
     Senate;
       (ii) 2 shall be appointed by the minority leader of the 
     Senate;
       (iii) 2 shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) 2 shall be appointed by the minority leader of the 
     House of Representatives.
       (B) Appointment criteria.--The members of the Peer Review 
     Group shall have appropriate expertise and knowledge of the 
     multilateral entities subject to the Review established under 
     this section. In making appointments to the Peer Review 
     Group, the appointing authorities should take into account 
     potential conflicts of interest.
       (C) Date.--The appointments to the Peer Review Group shall 
     be made not later than 30 days after the date on which the 
     Task Force is established pursuant to subsection (g)(1), and 
     the terms of the members so appointed shall begin on such 
     date.
       (D) Chairman and vice chairman.--The Peer Review Group 
     shall select a Chairman and Vice Chairman from among the 
     members of the Peer Review Group.
       (3) Expert analysis.--The Peer Review Group shall meet 
     regularly with the Task Force, including regarding the 
     initial review of methodology, to offer their expertise of 
     the funding and performance of multilateral entities.
       (4) Review of report.--
       (A) In general.--Not later than 180 days before submitting 
     the report required under subsection (f)(1), the Task Force 
     shall submit a draft of the report to--
       (i) the Peer Review Group; and
       (ii) the appropriate congressional committees.
       (B) Review.--The Peer Review Group shall--
       (i) review the draft report submitted under subparagraph 
     (A); and
       (ii) not later than 90 days before the submission of the 
     report required under subsection (f)(1), provide to the Task 
     Force and to the appropriate congressional committees--

       (I) an analysis of the conclusions of the report;
       (II) an analysis of the established methodologies used to 
     reach such conclusions;
       (III) an analysis of the evidence used to reach such 
     conclusions; and
       (IV) any additional comments to improve the evaluations and 
     analysis of the report.

       (5) Period of appointment; vacancies.--

[[Page S2431]]

       (A) In general.--Each member of the Peer Review Group shall 
     be appointed for a 2-year term.
       (B) Vacancies.--Any vacancy in the Peer Review Group--
       (i) shall not affect the powers of the Peer Review Group; 
     and
       (ii) shall be filled in the same manner as the original 
     appointment.
       (6) Meetings.--
       (A) In general.--The Peer Review Group shall meet at the 
     call of the Chairman.
       (B) Initial meeting.--The Peer Review Group shall hold its 
     first meeting not later than 30 days after its last member is 
     appointed.
       (C) Quorum.--A majority of the members of the Peer Review 
     Group shall constitute a quorum, but a lesser number of 
     members may hold meetings.
       (i) Termination of Authorities and Requirements.--The 
     authorities and requirements provided under this section 
     shall terminate on the date that is 2 years after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 267. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

           Subtitle __--UNRWA Accountability and Transparency

     SEC. 12_1. SHORT TITLE.

       This subtitle may be cited as the ``UNRWA Accountability 
     and Transparency Act''.

     SEC. 12_2. STATEMENT OF POLICY.

       (a) Palestinian Refugee Defined.--It shall be the policy of 
     the United States, in matters concerning the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East (referred to in this subtitle as ``UNRWA''), which 
     operates in Syria, Lebanon, Jordan, the Gaza Strip, and the 
     West Bank, to define a Palestinian refugee as a person who--
       (1) resided, between June 1946 and May 1948, in the region 
     controlled by Britain between 1922 and 1948 that was known as 
     Mandatory Palestine;
       (2) was personally displaced as a result of the 1948 Arab-
     Israeli conflict; and
       (3) has not accepted an offer of legal residency status, 
     citizenship, or other permanent adjustment in status in 
     another country or territory.
       (b) Limitations on Refugee and Derivative Refugee Status.--
     In applying the definition under subsection (a) with respect 
     to refugees receiving assistance from UNRWA, it shall be the 
     policy of the United States, consistent with the definition 
     of refugee in section 101(a)(42) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(42)) and the requirements 
     for eligibility for refugee status under section 207 of such 
     Act (8 U.S.C. 1157), that--
       (1) derivative refugee status may only be extended to the 
     spouse or a minor child of a Palestinian refugee; and
       (2) an alien who is firmly resettled in any country is not 
     eligible to retain refugee status.

     SEC. 12_3. UNITED STATES' CONTRIBUTIONS TO UNRWA.

       Section 301(c) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2221) is amended to read as follows:
       ``(c) Withholding.--
       ``(1) Definitions.--In this subsection:
       ``(A) Anti-semitic.--The term `anti-Semitic'--
       ``(i) has the meaning adopted on May 26, 2016, by the 
     International Holocaust Remembrance Alliance as the non-
     legally binding working definition of antisemitism; and
       ``(ii) includes the contemporary examples of antisemitism 
     in public life, the media, schools, the workplace, and in the 
     religious sphere identified on such date by the International 
     Holocaust Remembrance Alliance.
       ``(B) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(i) the Committee on Foreign Relations of the Senate;
       ``(ii) the Committee on Appropriations of the Senate;
       ``(iii) the Committee on Foreign Affairs of the House of 
     Representatives; and
       ``(iv) the Committee on Appropriations of the House of 
     Representatives.
       ``(C) Boycott of, divestment from, and sanctions against 
     israel.--The term `boycott of, divestment from, and sanctions 
     against Israel' has the meaning given to such term in section 
     909(f)(1) of the Trade Facilitation and Trade Enforcement Act 
     of 2015 (19 U.S.C. 4452(f)(1)).
       ``(D) Foreign terrorist organization.--The term `foreign 
     terrorist organization' means an organization designated as a 
     foreign terrorist organization by the Secretary of State in 
     accordance with section 219(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1189(a)).
       ``(E) UNRWA.--The term `UNRWA' means the United Nations 
     Relief and Works Agency for Palestine Refugees in the Near 
     East.
       ``(2) Certification.--Notwithstanding any other provision 
     of law, the United States may not provide contributions to 
     UNRWA, to any successor or related entity, or to the regular 
     budget of the United Nations for the support of UNRWA or a 
     successor entity (through staff positions provided by the 
     United Nations Secretariat or otherwise) unless the Secretary 
     of State submits a written certification to the appropriate 
     congressional committees that--
       ``(A) no official, employee, consultant, contractor, 
     subcontractor, representative, affiliate of UNRWA, an UNRWA 
     partner organization, or an UNRWA contracting entity pursuant 
     to completion of a thorough vetting and background check 
     process--
       ``(i) is a member of, is affiliated with, or has any ties 
     to a foreign terrorist organization, including Hamas and 
     Hezbollah;
       ``(ii) has advocated, planned, sponsored, or engaged in any 
     terrorist activity;
       ``(iii) has propagated or disseminated anti-American, anti-
     Israel, or anti-Semitic rhetoric, incitement, or propaganda, 
     including--

       ``(I) calling for or encouraging the destruction of Israel;
       ``(II) failing to recognize Israel's right to exist;
       ``(III) showing maps without Israel;
       ``(IV) describing Israelis as `occupiers' or `settlers';
       ``(V) advocating, endorsing, or expressing support for 
     violence, hatred, jihad, martyrdom, or terrorism, glorifying, 
     honoring, or otherwise memorializing any person or group that 
     has advocated, sponsored, or committed acts of terrorism, or 
     providing material support to terrorists or their families;
       ``(VI) expressing support for boycott of, divestment from, 
     and sanctions against Israel (commonly referred to as `BDS');
       ``(VII) claiming or advocating for a `right of return' of 
     refugees into Israel;
       ``(VIII) ignoring, denying, or not recognizing the historic 
     connection of the Jewish people to the land of Israel; and
       ``(IX) calling for violence against Americans; or

       ``(iv) has used any UNRWA resources, including 
     publications, websites, or social media platforms, to 
     propagate or disseminate anti-American, anti-Israel, or anti-
     Semitic rhetoric, incitement, or propaganda, including with 
     respect to any of the matters described in subclauses (I) 
     through (IX) of clause (iii);
       ``(B) no UNRWA school, hospital, clinic, facility, or other 
     infrastructure or resource is being used by a foreign 
     terrorist organization or any member thereof--
       ``(i) for terrorist activities, such as operations, 
     planning, training, recruitment, fundraising, indoctrination, 
     communications, sanctuary, storage of weapons or other 
     materials; or
       ``(ii) as an access point to any underground tunnel 
     network, or any other terrorist-related purposes;
       ``(C) UNRWA is subject to comprehensive financial audits by 
     an internationally recognized third party independent 
     auditing firm that--
       ``(i) is agreed upon by the Government of Israel and the 
     Palestinian Authority; and
       ``(ii) has implemented an effective system of vetting and 
     oversight to prevent the use, receipt, or diversion of any 
     UNRWA resources by any foreign terrorist organization or 
     members thereof;
       ``(D) no UNRWA controlled or funded facility, such as a 
     school, an educational institution, or a summer camp, uses 
     textbooks or other educational materials that propagate or 
     disseminate anti-American, anti-Israel, or anti-Semitic 
     rhetoric, incitement, or propaganda, including with respect 
     to any of the matters described in subclauses (I) through 
     (IX) of subparagraph (A)(iii);
       ``(E) no recipient of UNRWA funds or loans is--
       ``(i) a member of, is affiliated with, or has any ties to a 
     foreign terrorist organization; or
       ``(ii) otherwise engaged in terrorist activities; and
       ``(F) UNRWA holds no accounts or other affiliations with 
     financial institutions that the United States considers or 
     believes to be complicit in money laundering and terror 
     financing.
       ``(3) Period of effectiveness.--
       ``(A) In general.--A certification described in paragraph 
     (2) shall be effective until the earlier of--
       ``(i) the date on which the Secretary receives information 
     rendering the certification described in paragraph (2) 
     factually inaccurate; or
       ``(ii) the date that is 180 days after the date on which it 
     is submitted to the appropriate congressional committees.
       ``(B) Notification of renunciation.--If a certification 
     becomes ineffective pursuant to subparagraph (A), the 
     Secretary shall promptly notify the appropriate congressional 
     committees of the reasons for renouncing or failing to renew 
     such certification.
       ``(4) Limitation.--During any year in which a certification 
     described in paragraph (1) is in effect, the United States 
     may not contribute to UNRWA, or to any successor entity, an 
     amount that--
       ``(A) is greater than the highest contribution to UNRWA 
     made by a member country of the League of Arab States for 
     such year; and
       ``(B) is greater (as a proportion of the total UNRWA 
     budget) than the proportion of the total budget for the 
     United Nations High Commissioner for Refugees paid by the 
     United States.''.

[[Page S2432]]

  


     SEC. 12_4. REPORT.

       (a) Defined Term.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations of the Senate;
       (2) the Committee on Appropriations of the Senate;
       (3) the Committee on Foreign Affairs of the House of 
     Representatives; and
       (4) the Committee on Appropriations of the House of 
     Representatives.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit a report to the appropriate 
     congressional committees describing the actions being taken 
     to implement a comprehensive plan for--
       (1) encouraging other countries to adopt the policy 
     regarding Palestinian refugees that is described in section 
     12_2;
       (2) urging other countries to withhold their contributions 
     to UNRWA, to any successor or related entity, or to the 
     regular budget of the United Nations for the support of UNRWA 
     or a successor entity (through staff positions provided by 
     the United Nations Secretariat or otherwise) until UNRWA has 
     met the conditions listed in subparagraphs (A) through (F) of 
     section 301(c)(2) of the Foreign Assistance Act of 1961, as 
     added by section 12_3;
       (3) working with other countries to phase out UNRWA and 
     assist Palestinians receiving UNRWA services by--
       (A) integrating such Palestinians into their local 
     communities in the countries in which they are residing; or
       (B) resettling such Palestinians in countries other than 
     Israel or territories controlled by Israel in the West Bank 
     in accordance with international humanitarian principles; and
       (4) ensuring that the actions described in paragraph (3)--
       (A) are being implemented in complete coordination with, 
     and with the support of, Israel; and
       (B) do not endanger the security of Israel in any way.
                                 ______
                                 
  SA 268. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1299L. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE 
                   UNITED STATES OF CERTAIN FOREIGN GIFTS TO AND 
                   CONTRACTS WITH INSTITUTIONS OF HIGHER 
                   EDUCATION.

       (a) Amendments to Defense Production Act of 1950.--
       (1) Definition of covered transaction.--Subsection (a)(4) 
     of section 721 of the Defense Production Act of 1950 (50 
     U.S.C. 4565) is amended--
       (A) 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 subparagraph (B)(vi) 
     proposed or pending after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2024.'';
       (B) in subparagraph (B), by adding at the end the 
     following:
       ``(vi) Any gift to an institution of higher education from 
     a covered foreign person, or the entry into a contract by 
     such an institution with a covered foreign person, if--

       ``(I)(aa) the value of the gift or contract equals or 
     exceeds $1,000,000; or
       ``(bb) the institution receives, directly or indirectly, 
     more than one gift from or enters into more than one 
     contract, directly or indirectly, with the same covered 
     foreign person for the same purpose the aggregate value of 
     which, during the period of 2 consecutive calendar years, 
     equals or exceeds $1,000,000; and
       ``(II) the gift or contract--

       ``(aa) relates to research, development, or production of 
     critical technologies and provides the covered foreign person 
     potential access to any material nonpublic technical 
     information (as defined in subparagraph (D)(ii)) in the 
     possession of the institution; or
       ``(bb) is a restricted or conditional gift or contract (as 
     defined in section 117(h) of the Higher Education Act of 1965 
     (20 U.S.C. 1011f(h))) that establishes control.''; and
       (C) by adding at the end the following:
       ``(G) Foreign gifts to and contracts with institutions of 
     higher education.--For purposes of subparagraph (B)(vi):
       ``(i) Contract.--The term `contract' means any agreement 
     for the acquisition by purchase, lease, or barter of property 
     or services by a foreign person, for the direct benefit or 
     use of either of the parties.
       ``(ii) Covered foreign person.--The term `covered foreign 
     person' means--

       ``(I) an individual who is a national of the People's 
     Republic of China;
       ``(II) an entity organized under the laws of the People's 
     Republic of China or otherwise subject to the jurisdiction of 
     the Government of the People's Republic of China;
       ``(III) a governmental entity of the People's Republic of 
     China; or
       ``(IV) the Chinese Communist Party or any of its 
     affiliates.

       ``(iii) Gift.--The term `gift' means any gift of money or 
     property.
       ``(iv) Institution of higher education.--The term 
     `institution of higher education' means any institution, 
     public or private, or, if a multicampus institution, any 
     single campus of such institution, in any State--

       ``(I) that is legally authorized within such State to 
     provide a program of education beyond secondary school;
       ``(II) that provides a program for which the institution 
     awards a bachelor's degree (or provides not less than a 2-
     year program which is acceptable for full credit toward such 
     a degree) or a more advanced degree;
       ``(III) that is accredited by a nationally recognized 
     accrediting agency or association; and
       ``(IV) to which the Federal Government extends Federal 
     financial assistance (directly or indirectly through another 
     entity or person), or that receives support from the 
     extension of Federal financial assistance to any of the 
     institution's subunits.''.

       (2) Mandatory declarations.--Subsection 
     (b)(1)(C)(v)(IV)(aa) of such section is amended by adding at 
     the end the following: ``Such regulations shall require a 
     declaration under this subclause with respect to a covered 
     transaction described in subsection (a)(4)(B)(vi)(II)(aa).''.
       (3) Factors to be considered.--Subsection (f) of such 
     section is amended--
       (A) in paragraph (10), by striking ``; and'' and inserting 
     a semicolon;
       (B) by redesignating paragraph (11) as paragraph (12); and
       (C) by inserting after paragraph (10) the following:
       ``(11) as appropriate, and particularly with respect to 
     covered transactions described in subsection (a)(4)(B)(vi), 
     the importance of academic freedom at institutions of higher 
     education in the United States; and''.
       (4) Membership of cfius.--Subsection (k) of such section is 
     amended--
       (A) in paragraph (2)--
       (i) by redesignating subparagraphs (H), (I), and (J) as 
     subparagraphs (I), (J), and (K), respectively; and
       (ii) by inserting after subparagraph (G) the following:
       ``(H) In the case of a covered transaction involving an 
     institution of higher education (as defined in subsection 
     (a)(4)(G)), the Secretary of Education.''; and
       (B) by adding at the end the following:
       ``(8) Inclusion of other agencies on committee.--In 
     considering including on the Committee under paragraph (2)(K) 
     the heads of other executive departments, agencies, or 
     offices, the President shall give due consideration to the 
     heads of relevant research and science agencies, departments, 
     and offices, including the Secretary of Health and Human 
     Services, the Director of the National Institutes of Health, 
     and the Director of the National Science Foundation.''.
       (5) Contents of annual report relating to critical 
     technologies.--Subsection (m)(3) of such section is amended--
       (A) in subparagraph (B), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(D) an evaluation of whether there are foreign malign 
     influence or espionage activities directed or directly 
     assisted by foreign governments against institutions of 
     higher education (as defined in subsection (a)(4)(G)) aimed 
     at obtaining research and development methods or secrets 
     related to critical technologies; and
       ``(E) an evaluation of, and recommendation for any changes 
     to, reviews conducted under this section that relate to 
     institutions of higher education, based on an analysis of 
     disclosure reports submitted to the chairperson under section 
     117(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1011f(a)).''.
       (b) Inclusion of Cfius in Reporting on Foreign Gifts Under 
     Higher Education Act of 1965.--Section 117 of the Higher 
     Education Act of 1965 (20 U.S.C. 1011f) is amended--
       (1) in subsection (a), by inserting after ``the Secretary'' 
     the following: ``and the Secretary of the Treasury (in the 
     capacity of the Secretary as the chairperson of the Committee 
     on Foreign Investment in the United States under section 
     721(k)(3) of the Defense Production Act of 1950 (50 U.S.C. 
     4565(k)(3)))''; and
       (2) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``with the Secretary'' and inserting ``with 
     the Secretary and the Secretary of the Treasury''; and
       (ii) by striking ``to the Secretary'' and inserting ``to 
     each such Secretary''; and
       (B) in paragraph (2), by striking ``with the Secretary'' 
     and inserting ``with the Secretary and the Secretary of the 
     Treasury''.
       (c) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall--
       (1) take effect on the date of the enactment of this Act, 
     subject to the requirements of subsections (d) and (e); and
       (2) apply with respect to any covered transaction the 
     review or investigation of which is initiated under section 
     721 of the Defense Production Act of 1950 on or after the 
     date that is 30 days after the publication in the Federal 
     Register of the notice required under subsection (e)(2).
       (d) Regulations.--

[[Page S2433]]

       (1) In general.--The Committee on Foreign Investment in the 
     United States (in this section referred to as the 
     ``Committee''), which shall include the Secretary of 
     Education for purposes of this subsection, shall prescribe 
     regulations as necessary and appropriate to implement the 
     amendments made by subsection (a).
       (2) Elements.--The regulations prescribed under paragraph 
     (1) shall include--
       (A) regulations accounting for the burden on institutions 
     of higher education likely to result from compliance with the 
     amendments made by subsection (a), including structuring 
     penalties and filing fees to reduce such burdens, shortening 
     timelines for reviews and investigations, allowing for 
     simplified and streamlined declaration and notice 
     requirements, and implementing any procedures necessary to 
     protect academic freedom; and
       (B) guidance with respect to--
       (i) which gifts and contracts described in described in 
     clause (vi)(II)(aa) of subsection (a)(4)(B) of section 721 of 
     the Defense Production Act of 1950, as added by subsection 
     (a)(1), would be subject to filing mandatory declarations 
     under subsection (b)(1)(C)(v)(IV) of that section; and
       (ii) the meaning of ``control'', as defined in subsection 
     (a) of that section, as that term applies to covered 
     transactions described in clause (vi) of paragraph (4)(B) of 
     that section, as added by subsection (a)(1).
       (3) Issuance of final rule.--The Committee shall issue a 
     final rule to carry out the amendments made by subsection (a) 
     after assessing the findings of the pilot program required by 
     subsection (e).
       (e) Pilot Program.--
       (1) In general.--Beginning on the date that is 30 days 
     after the publication in the Federal Register of the matter 
     required by paragraph (2) and ending on the date that is 570 
     days thereafter, the Committee shall conduct a pilot program 
     to assess methods for implementing the review of covered 
     transactions described in clause (vi) of section 721(a)(4)(B) 
     of the Defense Production Act of 1950, as added by subsection 
     (a)(1).
       (2) Proposed determination.--Not later than 270 days after 
     the date of the enactment of this Act, the Committee shall, 
     in consultation with the Secretary of Education, publish in 
     the Federal Register--
       (A) a proposed determination of the scope of and procedures 
     for the pilot program required by paragraph (1);
       (B) an assessment of the burden on institutions of higher 
     education likely to result from compliance with the pilot 
     program;
       (C) recommendations for addressing any such burdens, 
     including shortening timelines for reviews and 
     investigations, structuring penalties and filing fees, and 
     simplifying and streamlining declaration and notice 
     requirements to reduce such burdens; and
       (D) any procedures necessary to ensure that the pilot 
     program does not infringe upon academic freedom.
       (3) Report on findings.--Upon conclusion of the pilot 
     program required by paragraph (1), the Committee shall submit 
     to Congress a report on the findings of that pilot program 
     that includes--
       (A) a summary of the reviews conducted by the Committee 
     under the pilot program and the outcome of such reviews;
       (B) an assessment of any additional resources required by 
     the Committee to carry out this section or the amendments 
     made by subsection (a);
       (C) findings regarding the additional burden on 
     institutions of higher education likely to result from 
     compliance with the amendments made by subsection (a) and any 
     additional recommended steps to reduce those burdens; and
       (D) any recommendations for Congress to consider regarding 
     the scope or procedures described in this section or the 
     amendments made by subsection (a).
                                 ______
                                 
  SA 269. Mr. SCHATZ (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

 DIVISION F--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION 
                      REAUTHORIZATION ACT OF 2023

     SEC. 6001. SHORT TITLE.

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

     SEC. 6002. 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.''.

     SEC. 6003. 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 2034''.

     SEC. 6004. 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 education-related stipends, 
     college housing assistance, and other education-related 
     assistance for low-income college students,'' after ``self-
     sufficiency and other services,''.

     SEC. 6005. 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''.

     SEC. 6006. 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 ``$10,000''.

     SEC. 6007. 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

[[Page S2434]]

     cost of the improvements do not exceed 10 percent of the 
     maximum total development cost for the home.''.

     SEC. 6008. 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.''.

     SEC. 6009. 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:

     ``SEC. 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.''.

     SEC. 6010. 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.''.

     SEC. 6011. 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.''.

     SEC. 6012. 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''.

     SEC. 6013. 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.''.

     SEC. 6014. 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 2034.''.

     SEC. 6015. 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.

     SEC. 6016. 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).''.

     SEC. 6017. INDIAN TRIBE ELIGIBILITY FOR HUD HOUSING 
                   COUNSELING GRANTS.

       Section 106(a)(4) of the Housing and Urban Development Act 
     of 1968 (12 U.S.C. 1701x(a)(4)) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``and'' and inserting a comma; and
       (B) by inserting before the period at the end the 
     following: ``, Indian tribes, and tribally designated housing 
     entities'';
       (2) in subparagraph (B), by inserting ``, Indian tribes, 
     and tribally designated housing entities'' after 
     ``organizations)'';
       (3) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (E) the following:
       ``(F) Definitions.--In this paragraph, 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).''.

     SEC. 6018. 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 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.

[[Page S2435]]

       ``(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 2034.''; and
       (2) in subparagraph (C), by striking ``2008 through 2012'' 
     and inserting ``2024 through 2034''.

     SEC. 6019. 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)(B)--
       (i) by redesignating clause (iv) as clause (v); and
       (ii) by adding after clause (iii) the following:
       ``(iv) 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
       (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''; 
     and
       (3) 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 2034.''.

     SEC. 6020. 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 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.--

[[Page S2436]]

       (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 2034 to carry out this section.

     SEC. 6021. 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.''.

     SEC. 6022. 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--

[[Page S2437]]

       (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)).

     SEC. 6023. 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 or non-Federal 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.
                                 ______
                                 
  SA 270. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     SEC. __. EXTENSION OF TROOPS FOR TEACHERS PROGRAM TO THE JOB 
                   CORPS.

       Section 1154 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(ii), by striking ``; or'' and 
     inserting s semicolon;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) a Job Corps center as defined in section 147 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3197).''; 
     and
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``; or'' and inserting 
     s semicolon;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(D) a Job Corps center as defined in section 147 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3197).'';
       (2) in subsection (d)(4)(A)(ii), by inserting ``or Job 
     Corps centers'' after ``secondary schools''; and
       (3) in subsection (e)(2)(E), by inserting ``or Job Corps 
     center'' after ``secondary school''.
                                 ______
                                 
  SA 271. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     SEC. __. EXTENSION OF TROOPS FOR TEACHERS AND JROTC PROGRAMS 
                   TO THE JOB CORPS.

       (a) Troops for Teachers Placements.--Section 1154 of title 
     10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A)(ii), by striking ``; or'' and 
     inserting s semicolon;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) a Job Corps center as defined in section 147 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3197).''; 
     and
       (B) in paragraph (3)--
       (i) in subparagraph (B), by striking ``; or'' and inserting 
     s semicolon;
       (ii) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(D) a Job Corps center as defined in section 147 of the 
     Workforce Innovation and Opportunity Act (29 U.S.C. 3197).'';
       (2) in subsection (d)(4)(A)(ii), by inserting ``or Job 
     Corps centers'' after ``secondary schools''; and
       (3) in subsection (e)(2)(E), by inserting ``or Job Corps 
     center'' after ``secondary school''.
       (b) JROTC Placements.--Section 2031 of title 10, United 
     States Code, is amended--
       (1) in subsection (a)(1), by inserting ``, including Job 
     Corps centers as defined in section 147 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3197),'' after 
     ``secondary educational institutions''; and
       (2) in subsection (b)(3), by inserting ``, or is a Job 
     Corps center as defined in section 147 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3197)'' after 
     ``military department concerned''.
                                 ______
                                 
  SA 272. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     SEC. __. EXTENSION OF JROTC PROGRAM TO THE JOB CORPS.

       Section 2031 of title 10, United States Code, is amended--
       (1) in subsection (a)(1), by inserting ``, including Job 
     Corps centers as defined in section 147 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3197),'' after 
     ``secondary educational institutions''; and
       (2) in subsection (b)(3), by inserting ``, or is a Job 
     Corps center as defined in section 147 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3197)'' after 
     ``military department concerned''.
                                 ______
                                 
  SA 273. Mr. GRASSLEY (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
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; which 
was ordered to lie on the table; as follows:

       Strike section 1237 and insert the following:

     SEC. 1237. REPORT ON PROGRESS ON MULTI-YEAR STRATEGY AND PLAN 
                   FOR THE BALTIC SECURITY INITIATIVE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State, shall submit to the 
     congressional defense committees a report on the progress 
     made in the implementation of the multi-year strategy and 
     spending plan set forth in the June 2021 report of the 
     Department of Defense entitled ``Report to Congress on the 
     Baltic Security Initiative''.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An identification of any significant change to the 
     goals, objectives, and milestones identified in the June 2021 
     report described in subsection (a), in light of the radically 
     changed security environment in the Baltic region after the 
     full-scale invasion of Ukraine by the Russian Federation on 
     February 24, 2022, and with consideration to enhancing the 
     deterrence and defense posture of the North Atlantic Treaty 
     Organization in the Baltic region, including through the 
     implementation of the regional defense plans of the North 
     Atlantic Treaty Organization.
       (2) An update on the Department of Defense funding 
     allocated for such strategy and spending plan for fiscal 
     years 2022 and 2023 and projected funding requirements for 
     fiscal years 2024, 2025, and 2026 for each goal identified in 
     such report.
       (3) An update on the host country funding allocated and 
     planned for each such goal.
       (4) An assessment of the progress made in the 
     implementation of the recommendations set forth in the fiscal 
     year 2020 Baltic Defense Assessment, and reaffirmed in the 
     June 2021 report described in subsection (a), that each 
     Baltic country should--
       (A) increase its defense budget;
       (B) focus on and budget for sustainment of capabilities in 
     defense planning; and
       (C) consider combined units for expensive capabilities such 
     as air defense, rocket artillery, and engineer assets.
                                 ______
                                 
  SA 274. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

[[Page S2438]]

  


        Subtitle __--Western Hemisphere Partnership Act of 2023

     SEC. __. SHORT TITLE.

       This subtitle may be cited as the ``Western Hemisphere 
     Partnership Act of 2023''.

     SEC. __. UNITED STATES POLICY IN THE WESTERN HEMISPHERE.

       It is the policy of the United States to promote economic 
     competitiveness, democratic governance, and security in the 
     Western Hemisphere by--
       (1) encouraging stronger economic relations, respect for 
     property rights, the rule of law, and enforceable investment 
     rules and labor and environmental standards;
       (2) advancing the principles and practices expressed in the 
     Charter of the Organization of American States, the American 
     Declaration on the Rights and Duties of Man, and the Inter-
     American Democratic Charter; and
       (3) enhancing the capacity and technical capabilities of 
     democratic partner nation government institutions, including 
     civilian law enforcement, the judiciary, attorneys general, 
     and security forces.

     SEC. __. PROMOTING SECURITY AND THE RULE OF LAW IN THE 
                   WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should strengthen security cooperation with 
     democratic partner nations in the Western Hemisphere to 
     promote a secure hemisphere and to address the negative 
     impacts of transnational criminal organizations and malign 
     external state actors.
       (b) Collaborative Efforts.--The Secretary of State, in 
     coordination with the heads of other relevant Federal 
     agencies, should support the improvement of security 
     conditions and the rule of law in the Western Hemisphere 
     through collaborative efforts with democratic partners that--
       (1) enhance the institutional capacity and technical 
     capabilities of defense and security institutions in 
     democratic partner nations to conduct national or regional 
     security missions, including through regular bilateral and 
     multilateral engagements, foreign military sales and 
     financing, international military education and training 
     programs, expanding the National Guard State Partnership 
     Programs, and other means;
       (2) provide technical assistance and material support 
     (including, as appropriate, radars, vessels, and 
     communications equipment) to relevant security forces to 
     disrupt, degrade, and dismantle organizations involved in the 
     illicit trafficking of narcotics and precursor chemicals, 
     transnational criminal activities, illicit mining, and 
     illegal, unreported, and unregulated fishing, and other 
     illicit activities;
       (3) enhance the institutional capacity, legitimacy, and 
     technical capabilities of relevant civilian law enforcement, 
     attorneys general, and judicial institutions to--
       (A) strengthen the rule of law and transparent governance;
       (B) combat corruption and kleptocracy in the region; and
       (C) improve regional cooperation to disrupt, degrade, and 
     dismantle transnational organized criminal networks and 
     terrorist organizations, including through training, 
     anticorruption initiatives, anti-money laundering programs, 
     and strengthening cyber capabilities and resources;
       (4) enhance port management and maritime security 
     partnerships and airport management and aviation security 
     partnerships to disrupt, degrade, and dismantle transnational 
     criminal networks and facilitate the legitimate flow of 
     people, goods, and services;
       (5) strengthen cooperation to improve border security 
     across the Western Hemisphere, dismantle human smuggling and 
     trafficking networks, and increase cooperation to 
     demonstrably strengthen migration management systems;
       (6) counter the malign influence of state and non-state 
     actors and disinformation campaigns;
       (7) disrupt illicit domestic and transnational financial 
     networks;
       (8) foster mechanisms for cooperation on emergency 
     preparedness and rapid recovery from natural disasters, 
     including by--
       (A) supporting regional preparedness, recovery, and 
     emergency management centers to facilitate rapid response to 
     survey and help maintain planning on regional disaster 
     anticipated needs and possible resources;
       (B) training disaster recovery officials on latest 
     techniques and lessons learned from United States 
     experiences;
       (C) making available, preparing, and transferring on-hand 
     nonlethal supplies, and providing training on the use of such 
     supplies, for humanitarian or health purposes to respond to 
     unforeseen emergencies; and
       (D) conducting medical support operations and medical 
     humanitarian missions, such as hospital ship deployments and 
     base-operating services, to the extent required by the 
     operation;
       (9) foster regional mechanisms for early warning and 
     response to pandemics in the Western Hemisphere, including 
     through--
       (A) improved cooperation with and research by the United 
     States Centers for Disease Control and Prevention through 
     regional pandemic response centers;
       (B) personnel exchanges for technology transfer and skills 
     development; and
       (C) surveying and mapping of health networks to build local 
     health capacity;
       (10) promote the meaningful participation of women across 
     all political processes, including conflict prevention and 
     conflict resolution and post-conflict relief and recovery 
     efforts; and
       (11) hold accountable actors that violate political and 
     civil rights.
       (c) Limitations on Use of Technologies.--Operational 
     technologies transferred pursuant to subsection (b) to 
     partner governments for intelligence, defense, or law 
     enforcement purposes shall be used solely for the purposes 
     for which the technology was intended. The United States 
     shall take all necessary steps to ensure that the use of such 
     operational technologies is consistent with United States 
     law, including protections of freedom of expression, freedom 
     of movement, and freedom of association.
       (d) Strategy.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the heads of other relevant Federal 
     agencies, shall submit to the Committee on Foreign Relations 
     of the Senate and the Committee on Foreign Affairs of the 
     House of Representatives a 5-year strategy to promote 
     security and the rule of law in the Western Hemisphere in 
     accordance to this section.
       (2) Elements.--The strategy required under paragraph (1) 
     shall include the following elements:
       (A) A detailed assessment of the resources required to 
     carry out such collaborative efforts.
       (B) Annual benchmarks to track progress and obstacles in 
     undertaking such collaborative efforts.
       (C) A public diplomacy component to engage the people of 
     the Western Hemisphere with the purpose of demonstrating that 
     the security of their countries is enhanced to a greater 
     extent through alignment with the United States and 
     democratic values rather than with authoritarian countries 
     such as the People's Republic of China, the Russian 
     Federation, and the Islamic Republic of Iran.
       (3) Briefing.--Not later than 1 year after submission of 
     the strategy required under paragraph (1), and annually 
     thereafter, the Secretary of State shall provide to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a briefing on the implementation of the strategy.

     SEC. __. PROMOTING DIGITALIZATION AND CYBERSECURITY IN THE 
                   WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support digitalization and expand 
     cybersecurity cooperation in the Western Hemisphere to 
     promote regional economic prosperity and security.
       (b) Promotion of Digitalization and Cybersecurity.--The 
     Secretary of State, in coordination with the heads of other 
     relevant Federal agencies, should promote digitalization and 
     cybersecurity in the Western Hemisphere through collaborative 
     efforts with democratic partners that--
       (1) promote digital connectivity and facilitate e-commerce 
     by expanding access to information and communications 
     technology (ICT) supply chains that adhere to high-quality 
     security and reliability standards, including--
       (A) to open market access on a national treatment, 
     nondiscriminatory basis; and
       (B) to strengthen the cybersecurity and cyber resilience of 
     partner countries;
       (2) advance the provision of digital government services 
     (e-government) that, to the greatest extent possible, promote 
     transparency, lower business costs, and expand citizens' 
     access to public services and public information; and
       (3) develop robust cybersecurity partnerships to--
       (A) promote the inclusion of components and architectures 
     in information and communications technology (ICT) supply 
     chains from participants in initiatives that adhere to high-
     quality security and reliability standards;
       (B) share best practices to mitigate cyber threats to 
     critical infrastructure from ICT architectures by technology 
     providers that supply equipment and services covered under 
     section 2 of the Secure and Trusted Communications Networks 
     Act of 2019 (47 U.S.C. 1601);
       (C) effectively respond to cybersecurity threats, including 
     state-sponsored threats; and
       (D) to strengthen resilience against cyberattacks and 
     cybercrime.

     SEC. __. PROMOTING ECONOMIC AND COMMERCIAL PARTNERSHIPS IN 
                   THE WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should enhance economic and commercial ties 
     with democratic partners to promote prosperity in the Western 
     Hemisphere by modernizing and strengthening trade capacity-
     building and trade facilitation initiatives, encouraging 
     market-based economic reforms that enable inclusive economic 
     growth, strengthening labor and environmental standards, 
     addressing economic disparities of women, and encouraging 
     transparency and adherence to the rule of law in investment 
     dealings.
       (b) In General.--The Secretary of State, in coordination 
     with the United States Trade Representative, the Chief 
     Executive Officer of the Development Finance Corporation, and 
     the heads of other relevant Federal agencies, should support 
     the improvement of economic conditions in the Western 
     Hemisphere through collaborative efforts with democratic 
     partners that--
       (1) facilitate a more open, transparent, and competitive 
     environment for United States

[[Page S2439]]

     businesses and promote robust and comprehensive trade 
     capacity-building and trade facilitation by--
       (A) reducing trade and nontariff barriers between the 
     countries in the region, establishing a mechanism for 
     pursuing Mutual Recognition Agreements and Formalized 
     Regulatory Cooperation Agreements in priority sectors of the 
     economy;
       (B) establishing a forum for discussing and evaluating 
     technical and other assistance needs to help establish 
     streamlined ``single window'' processes to facilitate 
     movement of goods and common customs arrangements and 
     procedures to lower costs of goods in transit and speed to 
     destination;
       (C) building relationships and exchanges between relevant 
     regulatory bodies in the United States and democratic 
     partners in the Western Hemisphere to promote best practices 
     and transparency in rulemaking, implementation, and 
     enforcement, and provide training and assistance to help 
     improve supply chain management in the Western Hemisphere;
       (D) establishing regional fora for identifying, raising, 
     and addressing supply chain management issues, including 
     infrastructure needs and strengthening of investment rules 
     and regulatory frameworks;
       (E) establishing a dedicated program of trade missions and 
     reverse trade missions to increase commercial contacts and 
     ties between the United States and Western Hemisphere partner 
     countries; and
       (F) strengthening labor and environmental standards in the 
     region;
       (2) establish frameworks or mechanisms to review and 
     address the long-term financial sustainability and national 
     security implications of foreign investments in strategic 
     sectors or services;
       (3) establish competitive and transparent infrastructure 
     project selection and procurement processes that promote 
     transparency, open competition, financial sustainability, and 
     robust adherence to global standards and norms; and
       (4) advance robust and comprehensive energy production and 
     integration, including through a more open, transparent, and 
     competitive environment for United States companies competing 
     in the Western Hemisphere, including by--
       (A) facilitating further development of integrated regional 
     energy markets;
       (B) improving management of grids, including technical 
     capability to ensure the functionality, safe and responsible 
     management, and quality of service of electricity providers, 
     carriers, and management and distribution systems;
       (C) facilitating private sector-led development of reliable 
     and affordable power generation capacity;
       (D) establishing a process for surveying grid capacity and 
     management focused on identifying electricity service 
     efficiencies and establishing cooperative mechanisms for 
     providing technical assistance for--
       (i) grid management, power pricing, and tariff issues;
       (ii) establishing and maintaining appropriate regulatory 
     best practices; and
       (iii) proposals to establish regional power grids for the 
     purpose of promoting the sale of excess supply to consumers 
     across borders;
       (E) assessing the viability and effectiveness of 
     decentralizing power production and transmission and building 
     micro-grid power networks to improve, when feasible, access 
     to electricity, particularly in rural and underserved 
     communities where centralized power grid connections may not 
     be feasible in the short to medium term; and
       (F) exploring opportunities to partner with the private 
     sector and multilateral institutions, such as the World Bank 
     and the Inter-American Development Bank, to promote universal 
     access to reliable and affordable electricity in the Western 
     Hemisphere.

     SEC. __. PROMOTING TRANSPARENCY AND DEMOCRATIC GOVERNANCE IN 
                   THE WESTERN HEMISPHERE.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States should support efforts to strengthen the 
     capacity and legitimacy of democratic institutions and 
     inclusive processes in the Western Hemisphere to promote a 
     more transparent, democratic, and prosperous region.
       (b) In General.--The Secretary of State, in coordination 
     with the Administrator of the United States Agency for 
     International Development and heads of other relevant Federal 
     agencies, should support transparent, accountable, and 
     democratic governance in the Western Hemisphere through 
     collaborative efforts with democratic partners that--
       (1) strengthen the capacity of national electoral 
     institutions to ensure free, fair, and transparent electoral 
     processes, including through pre-election assessment 
     missions, technical assistance, and independent local and 
     international election monitoring and observation missions;
       (2) enhance the capabilities of democratically elected 
     national legislatures, parliamentary bodies, and autonomous 
     regulatory institutions to conduct oversight;
       (3) strengthen the capacity of subnational government 
     institutions to govern in a transparent, accountable, and 
     democratic manner, including through training and technical 
     assistance;
       (4) combat corruption at local and national levels, 
     including through trainings, cooperation agreements, 
     initiatives aimed at dismantling corrupt networks, and 
     political support for bilateral or multilateral 
     anticorruption mechanisms that strengthen attorneys general 
     and prosecutors' offices;
       (5) strengthen the capacity of civil society to conduct 
     oversight of government institutions, build the capacity of 
     independent professional journalism, facilitate substantive 
     dialogue with government and the private sector to generate 
     issue-based policies, and mobilize local resources to carry 
     out such activities;
       (6) promote the meaningful and significant participation of 
     women in democratic processes, including in national and 
     subnational government and civil society; and
       (7) support the creation of procedures for the Organization 
     of American States (OAS) to create an annual forum for 
     democratically elected national legislatures from OAS member 
     States to discuss issues of hemispheric importance, as 
     expressed in section 4 of the Organization of American States 
     Legislative Engagement Act of 2020 (Public Law 116-343).

     SEC. __. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA AND 
                   LATIN AMERICA AND THE CARIBBEAN.

       (a) Strategy Required.--
       (1) In general.--The President shall establish a 
     comprehensive United States strategy for public and private 
     investment, trade, and development in Africa and Latin 
     America and the Caribbean.
       (2) Focus of strategy.--The strategy required by paragraph 
     (1) shall focus on increasing exports of United States goods 
     and services to Africa and Latin America and the Caribbean by 
     200 percent in real dollar value by the date that is 10 years 
     after the date of the enactment of this Act.
       (3) Consultations.--In developing the strategy required by 
     paragraph (1), the President shall consult with--
       (A) Congress;
       (B) each agency that is a member of the Trade Promotion 
     Coordinating Committee;
       (C) the relevant multilateral development banks, in 
     coordination with the Secretary of the Treasury and the 
     respective United States Executive Directors of such banks;
       (D) each agency that participates in the Trade Policy Staff 
     Committee established;
       (E) the President's Export Council;
       (F) each of the development agencies;
       (G) any other Federal agencies with responsibility for 
     export promotion or financing and development; and
       (H) the private sector, including businesses, 
     nongovernmental organizations, and African and Latin American 
     and Caribbean diaspora groups.
       (4) Submission to congress.--
       (A) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress the strategy required by subsection (a).
       (B) Progress report.--Not later than 3 years after the date 
     of the enactment of this Act, the President shall submit to 
     Congress a report on the implementation of the strategy 
     required by paragraph (1).
       (b) Special Africa and Latin America and the Caribbean 
     Export Strategy Coordinators.--The President shall designate 
     an individual to serve as Special Africa Export Strategy 
     Coordinator and an individual to serve as Special Latin 
     America and the Caribbean Export Strategy Coordinator--
       (1) to oversee the development and implementation of the 
     strategy required by subsection (a); and
       (2) to coordinate developing and implementing the strategy 
     with--
       (A) the Trade Promotion Coordinating Committee;
       (B) the Assistant United States Trade Representative for 
     African Affairs or the Assistant United States Trade 
     Representative for the Western Hemisphere, as appropriate;
       (C) the Assistant Secretary of State for African Affairs or 
     the Assistant Secretary of State for Western Hemisphere 
     Affairs, as appropriate;
       (D) the Export-Import Bank of the United States;
       (E) the United States International Development Finance 
     Corporation; and
       (F) the development agencies.
       (c) Trade Missions to Africa and Latin America and the 
     Caribbean.--It is the sense of Congress that, not later than 
     one year after the date of the enactment of this Act, the 
     Secretary of Commerce and other high-level officials of the 
     United States Government with responsibility for export 
     promotion, financing, and development should conduct joint 
     trade missions to Africa and to Latin America and the 
     Caribbean.
       (d) Training.--The President shall develop a plan--
       (1) to standardize the training received by United States 
     and Foreign Commercial Service officers, economic officers of 
     the Department of State, and economic officers of the United 
     States Agency for International Development with respect to 
     the programs and procedures of the Export-Import Bank of the 
     United States, the United States International Development 
     Finance Corporation, the Small Business Administration, and 
     the United States Trade and Development Agency; and
       (2) to ensure that, not later than one year after the date 
     of the enactment of this Act--
       (A) all United States and Foreign Commercial Service 
     officers that are stationed overseas receive the training 
     described in paragraph (1); and
       (B) in the case of a country to which no United States and 
     Foreign Commercial Service officer is assigned, any economic 
     officer of the Department of State stationed in that country 
     receives that training.
       (e) Definitions.--In this section:

[[Page S2440]]

       (1) Development agencies.--The term ``development 
     agencies'' means the United States Department of State, the 
     United States Agency for International Development, the 
     Millennium Challenge Corporation, the United States 
     International Development Finance Corporation, the United 
     States Trade and Development Agency, the United States 
     Department of Agriculture, and relevant multilateral 
     development banks.
       (2) Multilateral development banks.--The term 
     ``multilateral development banks'' has the meaning given that 
     term in section 1701(c)(4) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)(4)) and includes the 
     African Development Foundation.
       (3) Trade policy staff committee.--The term ``Trade Policy 
     Staff Committee'' means the Trade Policy Staff Committee 
     established pursuant to section 2002.2 of title 15, Code of 
     Federal Regulations.
       (4) Trade promotion coordinating committee.--The term 
     ``Trade Promotion Coordinating Committee'' means the Trade 
     Promotion Coordinating Committee established under section 
     2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
       (5) United states and foreign commercial service.--The term 
     ``United States and Foreign Commercial Service'' means the 
     United States and Foreign Commercial Service established by 
     section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 
     4721).

     SEC. __. SENSE OF CONGRESS ON PRIORITIZING NOMINATION AND 
                   CONFIRMATION OF QUALIFIED AMBASSADORS.

       It is the sense of Congress that it is critically important 
     that both the President and the Senate play their respective 
     roles to nominate and confirm qualified ambassadors as 
     quickly as possible, especially for countries in the Western 
     Hemisphere.

     SEC. __. WESTERN HEMISPHERE DEFINED.

       In this subtitle, the term ``Western Hemisphere'' does not 
     include Cuba, Nicaragua, or Venezuela.

     SEC. __. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED 
                   STATES CITIZENS AS HOSTAGES.

       (a) In General.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the Committee on Foreign Relations of the Senate 
     and the Committee on Foreign Affairs of the House of 
     Representatives a report on efforts by the Maduro regime of 
     Venezuela to detain United States citizens and lawful 
     permanent residents.
       (b) Elements.--The report required by subsection (a) shall 
     include, regarding the arrest, capture, detainment, and 
     imprisonment of United States citizens and lawful permanent 
     residents--
       (1) the names, positions, and institutional affiliation of 
     Venezuelan individuals, or those acting on their behalf, who 
     have engaged in such activities;
       (2) a description of any role played by transnational 
     criminal organizations, and an identification of such 
     organizations; and
       (3) where relevant, an assessment of whether and how United 
     States citizens and lawful permanent residents have been 
     lured to Venezuela.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but shall include a 
     classified annex, which shall include a list of the total 
     number of United States citizens and lawful permanent 
     residents detained or imprisoned in Venezuela as of the date 
     on which the report is submitted.
                                 ______
                                 
  SA 275. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title XII, add the following:

     SEC. 1299L. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY 
                   AND INTELLIGENCE FACILITIES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA IN CUBA.

       (a) In General.--The President shall impose the sanctions 
     described in subsection (b) with respect to any foreign 
     person that the President determines engages in or has 
     engaged in a significant transaction or transactions, or any 
     dealings with, or has provided material support to or for a 
     military or intelligence facility of the People's Republic of 
     China in Cuba.
       (b) Sanctions Described.--The sanctions described in this 
     subsection with respect to a foreign person are the 
     following:
       (1) Licensing prohibition.--Notwithstanding any other 
     provision of law, no license may be issued to the foreign 
     person for any transaction described in section 515.559 of 
     title 31, Code of Federal Regulations, or part 740 or 746 of 
     title 15, Code of Federal Regulations, as that section and 
     those parts were in effect on June 14, 2023.
       (2) Asset blocking.--The exercise of all powers granted to 
     the President by the International Emergency Economic Powers 
     Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
     and prohibit all transactions in all property and interests 
     in property of the foreign person if such property and 
     interests in property are in the United States, come within 
     the United States, or are or come within the possession or 
     control of a United States person.
       (3) Exclusion from the united states and revocation of visa 
     or other documentation.--In the case of a foreign person who 
     is an alien, denial of a visa to, and exclusion from the 
     United States of, the alien, and revocation in accordance 
     with section 221(i) of the Immigration and Nationality Act (8 
     U.S.C. 1201(i)), of any visa or other documentation of the 
     alien.
       (c) Implementation; Penalties.--
       (1) Implementation.--The President shall exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this section.
       (2) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(2) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (d) Exceptions.--
       (1) Importation of goods.--
       (A) In general.--The authorities and requirements to impose 
     sanctions authorized under this section shall not include the 
     authority or a requirement to impose sanctions on the 
     importation of goods.
       (B) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply, or manufactured product, including inspection and 
     test equipment, and excluding technical data.
       (2) Compliance with united nations headquarters 
     agreement.--Sanctions under subsection (b)(3) shall not apply 
     to an alien if admitting the alien into the United States is 
     necessary to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations.
       (e) Termination of Sanctions.--Notwithstanding any other 
     provision of law, this section shall terminate on the date 
     that is 30 days after the date on which the President 
     determines and certifies to the appropriate congressional 
     committees (and Congress has not enacted legislation 
     disapproving the determination within that 30-day period) 
     that Cuba has closed and dismantled all military or 
     intelligence facilities of the People's Republic of China in 
     Cuba.
       (f) Definitions.--In this section:
       (1) Alien.--The term ``alien'' has the meaning given that 
     term in section 101 of the Immigration and Nationality Act (8 
     U.S.C. 1101).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' includes--
       (A) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (3) Foreign person.--The term ``foreign person'' means a 
     person that is not a United States person.
       (4) Person.--The term ``person'' means an individual or 
     entity.
       (5) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 1299M. REPORT ON ASSISTANCE BY THE PEOPLE'S REPUBLIC OF 
                   CHINA FOR THE CUBAN GOVERNMENT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report describing--
       (1) the military and intelligence activities of the 
     Government of the People's Republic of China in Cuba, 
     including any military or intelligence facilities used by 
     that government in Cuba;
       (2) the purposes for which the Government of the People's 
     Republic of China conducts those activities and uses those 
     facilities in Cuba;
       (3) the extent to which the Government of the People's 
     Republic of China provides payment or government credits to 
     the Cuban Government for the continued use of those 
     facilities in Cuba; and
       (4) any progress toward the verifiable termination of 
     access by the Government of the People's Republic of China to 
     those facilities and withdrawal of personnel, including 
     advisers, technicians, and military personnel, from those 
     facilities.
       (b) Definitions.--In this section:
       (1) Agency or instrumentality of the government of cuba.--
     The term ``agency or instrumentality of the Government of 
     Cuba'' means an agency or instrumentality of a foreign state 
     as defined in section 1603(b) of title 28, United States 
     Code, with each reference in that section to ``a foreign 
     state'' deemed to be a reference to ``Cuba''.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' includes--

[[Page S2441]]

       (A) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (3) Cuban government.--The term ``Cuban Government'' 
     includes the government of any political subdivision of Cuba 
     and any agency or instrumentality of the Government of Cuba.
                                 ______
                                 
  SA 276. Mr. MORAN (for himself and Ms. Rosen) submitted an amendment 
intended to be proposed by him to the bill S. 2226, to 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; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title VII, insert the 
     following:

     SEC. 7__. EXPANSION OF ELIGIBILITY FOR HEARING AIDS TO 
                   INCLUDE CHILDREN OF CERTAIN RETIRED MEMBERS OF 
                   THE UNIFORMED SERVICES.

       Paragraph (16) of section 1077(a) of title 10, United 
     States Code, is amended to read as follows:
       ``(16) Except as provided by subsection (g), a hearing aid, 
     but only if the dependent has a profound hearing loss, as 
     determined under standards prescribed in regulations by the 
     Secretary of Defense in consultation with the administering 
     Secretaries, and only for the following dependents:
       ``(A) A dependent of a member of the uniformed services on 
     active duty.
       ``(B) A dependent under subparagraph (D) or (I) of section 
     1072(2) of this title of a former member of the uniformed 
     services who--
       ``(i) is entitled to retired or retainer pay, or equivalent 
     pay; and
       ``(ii) is enrolled in family coverage under TRICARE 
     Prime.''.
                                 ______
                                 
  SA 277. Mr. MORAN (for himself, Mr. Cardin, Mr. Scott of Florida, and 
Ms. Stabenow) submitted an amendment intended to be proposed by him to 
the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title VII, add the following:

     SEC. 727. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-
                   TRAUMATIC STRESS DISORDER RESEARCH BETWEEN 
                   UNITED STATES AND ISRAEL.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense, acting through the Psychological 
     Health and Traumatic Brain Injury Research Program, should 
     seek to explore scientific collaboration between academic 
     institutions and nonprofit research entities in the United 
     States and institutions in Israel with expertise in 
     researching, diagnosing, and treating post-traumatic stress 
     disorder.
       (b) Grant Program.--
       (1) In general.--The Secretary of Defense, in coordination 
     with the Secretary of Veterans Affairs and the Secretary of 
     State, shall award grants to eligible entities to carry out 
     collaborative research between the United States and Israel 
     with respect to post-traumatic stress disorders.
       (2) Agreement.--The Secretary of Defense shall carry out 
     the grant program under this section in accordance with the 
     Agreement on the United States-Israel binational science 
     foundation with exchange of letters, signed at New York 
     September 27, 1972, and entered into force on September 27, 
     1972.
       (c) Eligible Entities.--To be eligible to receive a grant 
     under this section, an entity shall be an academic 
     institution or a nonprofit entity located in the United 
     States.
       (d) Award.--The Secretary shall award grants under this 
     section to eligible entities that--
       (1) carry out a research project that--
       (A) addresses a requirement in the area of post-traumatic 
     stress disorders that the Secretary determines appropriate to 
     research using such grant; and
       (B) is conducted by the eligible entity and an entity in 
     Israel under a joint research agreement; and
       (2) meet such other criteria that the Secretary may 
     establish.
       (e) Application.--To be eligible to receive a grant under 
     this section, an eligible entity shall submit an application 
     to the Secretary at such time, in such manner, and containing 
     such commitments and information as the Secretary may 
     require.
       (f) Gift Authority.--
       (1) In general.--The Secretary may accept, hold, and 
     administer any gift of money made on the condition that the 
     gift be used for the purpose of the grant program under this 
     section.
       (2) Deposit.--Gifts of money accepted under paragraph (1) 
     shall be deposited in the Treasury in the Department of 
     Defense General Gift Fund and shall be available, subject to 
     appropriation, without fiscal year limitation.
       (g) Reports.--Not later than 180 days after the date on 
     which an eligible entity completes a research project using a 
     grant under this section, the Secretary shall submit to 
     Congress a report that contains--
       (1) a description of how the eligible entity used the 
     grant; and
       (2) an evaluation of the level of success of the research 
     project.
       (h) Termination.--The authority to award grants under this 
     section shall terminate on the date that is seven years after 
     the date on which the first such grant is awarded.
                                 ______
                                 
  SA 278. Mr. DURBIN (for himself, Mrs. Shaheen, Mr. Boozman, Mr. 
Coons, and Mr. Cassidy) submitted an amendment intended to be proposed 
by him to the bill S. 2226, to 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; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title XII, add the following:

     SEC. 1299L. INVESTMENT, TRADE, AND DEVELOPMENT IN AFRICA AND 
                   LATIN AMERICA AND THE CARIBBEAN.

       (a) Strategy Required.--
       (1) In general.--The President shall establish a 
     comprehensive United States strategy for public and private 
     investment, trade, and development in Africa and Latin 
     America and the Caribbean.
       (2) Focus of strategy.--The strategy required by paragraph 
     (1) shall focus on increasing exports of United States goods 
     and services to Africa and Latin America and the Caribbean by 
     200 percent in real dollar value by the date that is 10 years 
     after the date of the enactment of this Act.
       (3) Consultations.--In developing the strategy required by 
     paragraph (1), the President shall consult with--
       (A) Congress;
       (B) each agency that is a member of the Trade Promotion 
     Coordinating Committee;
       (C) the relevant multilateral development banks, in 
     coordination with the Secretary of the Treasury and the 
     respective United States Executive Directors of such banks;
       (D) each agency that participates in the Trade Policy Staff 
     Committee established;
       (E) the President's Export Council;
       (F) each of the development agencies;
       (G) any other Federal agencies with responsibility for 
     export promotion or financing and development; and
       (H) the private sector, including businesses, 
     nongovernmental organizations, and African and Latin American 
     and Caribbean diaspora groups.
       (4) Submission to congress.--
       (A) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress the strategy required by subsection (a).
       (B) Progress report.--Not later than 3 years after the date 
     of the enactment of this Act, the President shall submit to 
     Congress a report on the implementation of the strategy 
     required by paragraph (1).
       (b) Special Africa and Latin America and the Caribbean 
     Export Strategy Coordinators.--The President shall designate 
     an individual to serve as Special Africa Export Strategy 
     Coordinator and an individual to serve as Special Latin 
     America and the Caribbean Export Strategy Coordinator--
       (1) to oversee the development and implementation of the 
     strategy required by subsection (a); and
       (2) to coordinate developing and implementing the strategy 
     with--
       (A) the Trade Promotion Coordinating Committee;
       (B) the Assistant United States Trade Representative for 
     African Affairs or the Assistant United States Trade 
     Representative for the Western Hemisphere, as appropriate;
       (C) the Assistant Secretary of State for African Affairs or 
     the Assistant Secretary of State for Western Hemisphere 
     Affairs, as appropriate;
       (D) the Export-Import Bank of the United States;
       (E) the United States International Development Finance 
     Corporation; and
       (F) the development agencies.
       (c) Trade Missions to Africa and Latin America and the 
     Caribbean.--It is the sense of Congress that, not later than 
     one year after the date of the enactment of this Act, the 
     Secretary of Commerce and other high-level officials of the 
     United States Government with responsibility for export 
     promotion, financing, and development should conduct joint 
     trade missions to Africa and to Latin America and the 
     Caribbean.
       (d) Training.--The President shall develop a plan--
       (1) to standardize the training received by United States 
     and Foreign Commercial Service officers, economic officers of 
     the Department of State, and economic officers of the United 
     States Agency for International Development with respect to 
     the programs and procedures of the Export-Import Bank of the 
     United States, the United States International Development 
     Finance Corporation, the Small Business Administration, and 
     the United States Trade and Development Agency; and

[[Page S2442]]

       (2) to ensure that, not later than one year after the date 
     of the enactment of this Act--
       (A) all United States and Foreign Commercial Service 
     officers that are stationed overseas receive the training 
     described in paragraph (1); and
       (B) in the case of a country to which no United States and 
     Foreign Commercial Service officer is assigned, any economic 
     officer of the Department of State stationed in that country 
     receives that training.
       (e) Definitions.--In this section:
       (1) Development agencies.--The term ``development 
     agencies'' means the United States Department of State, the 
     United States Agency for International Development, the 
     Millennium Challenge Corporation, the United States 
     International Development Finance Corporation, the United 
     States Trade and Development Agency, the United States 
     Department of Agriculture, and relevant multilateral 
     development banks.
       (2) Multilateral development banks.--The term 
     ``multilateral development banks'' has the meaning given that 
     term in section 1701(c)(4) of the International Financial 
     Institutions Act (22 U.S.C. 262r(c)(4)) and includes the 
     African Development Foundation.
       (3) Trade policy staff committee.--The term ``Trade Policy 
     Staff Committee'' means the Trade Policy Staff Committee 
     established pursuant to section 2002.2 of title 15, Code of 
     Federal Regulations.
       (4) Trade promotion coordinating committee.--The term 
     ``Trade Promotion Coordinating Committee'' means the Trade 
     Promotion Coordinating Committee established under section 
     2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
       (5) United states and foreign commercial service.--The term 
     ``United States and Foreign Commercial Service'' means the 
     United States and Foreign Commercial Service established by 
     section 2301 of the Export Enhancement Act of 1988 (15 U.S.C. 
     4721).
                                 ______
                                 
  SA 279. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 2226, to 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; which was ordered to lie on 
the table; as follows:

       At the end of title X, add the following:

                     Subtitle H--Know Your App Act

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Know Your App Act''.

     SEC. 1092. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Minors engaging with internet-linked applications face 
     heightened susceptibility to privacy risks and potential 
     exploitation through those applications. It is crucial for 
     parents and guardians to possess comprehensive knowledge 
     about the applications being accessed so that they can make 
     informed decisions to protect their children.
       (2) Many users are unaware of the country of origin of the 
     applications they download and use, as well as the data 
     handling practices of the developers behind those 
     applications. This lack of transparency can lead to potential 
     risks for users, including exposure to foreign government 
     surveillance, data breaches, and privacy violations. Users 
     have a right to know baseline information on the country of 
     origin so that they can personally make decisions to mitigate 
     the threat to their personal and biometric information.
       (3) The potential for foreign governments to access user 
     data through internet-linked applications presents national 
     security risks. These risks may include the collection of 
     sensitive information, espionage, and potential influence 
     over critical infrastructure.
       (4) Increasing transparency and providing users with the 
     necessary information to make informed decisions about the 
     applications they download can help protect consumer privacy 
     and security.
       (b) Sense of Congress.--It is the sense of Congress that 
     covered companies and developers already posses the 
     information necessary to provide adequate transparency to 
     consumers.

     SEC. 1093. PUBLIC LISTING OF COUNTRY OF ORIGIN OF 
                   APPLICATIONS.

       (a) Definitions.--In this section:
       (1) Application.--The term ``application'' means a software 
     application or electronic service that may be run or directed 
     by a user on a computer, a mobile device, or any other 
     general purpose computing device.
       (2) Application store.--The term ``application store'' 
     means a publicly available website, software application, 
     electronic service, or platform provided by a device 
     manufacturer that--
       (A) distributes applications from third-party developers to 
     users of a computer, a mobile device, or any other general 
     purpose computing device; and
       (B) has more than 20,000,000 users in the United States.
       (3) Application store page.--The term ``application store 
     page'' means the individual, dedicated listing page within an 
     application store that serves as the primary source of 
     information on a specific application and provides detailed 
     information about the application, including the name of the 
     application, the developer, a description, user ratings and 
     reviews, screenshots or previews, pricing, and system 
     requirements.
       (4) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (5) Beneficial owner.--The term ``beneficial owner'' --
       (A) means, with respect to a developer of an application, 
     an individual who, directly or indirectly, through any 
     contract, arrangement, understanding, relationship, or 
     otherwise--
       (i) exercises substantial control over the developer; or
       (ii) owns or controls not less than 25 percent of the 
     ownership interests of the developer; and
       (B) does not include--
       (i) a minor child, as defined in the State in which the 
     entity is formed, if the information of the parent or 
     guardian of the minor child is reported in accordance with 
     this section;
       (ii) an individual acting as a nominee, intermediary, 
     custodian, or agent on behalf of another individual;
       (iii) an individual acting solely as an employee of a 
     corporation, limited liability company, or other similar 
     entity and whose control over or economic benefits from such 
     entity is derived solely from the employment status of the 
     individual;
       (iv) an individual whose only interest in a corporation, 
     limited liability company, or other similar entity is through 
     a right of inheritance; or
       (v) a creditor of a corporation, limited liability company, 
     or other similar entity, unless the creditor meets the 
     requirements of subparagraph (A).
       (6) Country of concern.--The term ``country of concern'' 
     means a country that is on the list described in section 
     1094.
       (7) Country of origin.--The term ``country of origin''--
       (A) with respect to the developer of an application, means 
     the country in which the developer is headquartered or 
     principally operates; and
       (B) with respect to the beneficial owner of the developer 
     of an application--
       (i) except as provided in clause (ii), means the country 
     from which the beneficial owner principally exercises control 
     over the developer; and
       (ii) if the beneficial owner exercises any control over the 
     developer from a country of concern, means that country.
       (8) Covered company.--The term ``covered company'' means 
     any person, entity, or organization that owns, controls, or 
     operates an application store that serves customers in the 
     United States.
       (9) Developer.--The term ``developer'' means a person that 
     creates, owns, or controls an application and is responsible 
     for the design, development, maintenance, and distribution of 
     the application to end users through an application store.
       (10) Primary country of origin.--The term ``primary country 
     of origin'', with respect to an application--
       (A) except as provided in subparagraph (B), means the 
     country of origin of the developer of the application; and
       (B) if the country of origin of the beneficial owner of the 
     developer of the application is a country of concern, means 
     that country.
       (11) Prominent display.--The term ``prominent display'', 
     with respect to an application store page, means a banner 
     that is immediately and clearly visible when the application 
     store page is accessed.
       (b) Requirements.--
       (1) Public listing.--The Assistant Secretary shall require 
     a covered company to publicly list, in a prominent display on 
     the application store page, the primary country of origin of 
     each application distributed through an application store 
     owned, controlled, or operated by the covered company.
       (2) Protections regarding certain foreign countries.--
       (A) Filter for certain applications.--The Assistant 
     Secretary shall require a covered company to provide users of 
     the covered company's application store with the option to 
     filter out applications whose primary country of origin is a 
     country of concern.
       (B) Disclaimer for certain applications.--The Assistant 
     Secretary shall require that if the primary country of origin 
     of an application is a country of concern, a covered company 
     that distributes the application through an application store 
     shall provide a disclaimer, in a prominent display on the 
     application store page, that data from the application could 
     be accessed by a foreign government.
       (3) Update of information.--
       (A) In general.--The Assistant Secretary shall require a 
     developer to notify a covered company whose application store 
     distributes the developer's application of any change in--
       (i) the country of origin of the developer;
       (ii) the beneficial owner of the developer; or
       (iii) the country of origin of the beneficial owner of the 
     developer.
       (B) Developer certification.--
       (i) In general.--The Assistant Secretary shall require a 
     developer to certify to each covered company that owns, 
     controls, or operates an application store through which the 
     developer's application is distributed, not less frequently 
     than annually, that the information displayed on the 
     application

[[Page S2443]]

     store page with respect to the application, including primary 
     country of origin and beneficial ownership, is up-to-date.
       (ii) Violations.--If a developer violates clause (i)--

       (I) the covered company shall issue the developer a series 
     of not fewer than 3 warnings over a period of not more than 
     90 days; and
       (II) if the developer does not correct the violation by the 
     date that is 90 days after the date on which the first 
     warning is issued under subclause (I), the covered company 
     shall remove the application of the developer from the 
     application store.

       (4) Reporting mechanism.--The Assistant Secretary shall 
     require a covered company to establish a mechanism that--
       (A) allows a user of the covered company's application 
     store, an employee of a developer whose application is 
     distributed through the covered company's application store, 
     or an associated third party to report a potential violation 
     of this subsection by a developer, including incorrect 
     information displayed on the application store page; and
       (B) allows a report under subparagraph (A) to be made 
     anonymously.
       (5) Written policy for appeals of removals.--The Assistant 
     Secretary shall require a covered company to establish, for 
     any application store owned, controlled, or operated by the 
     covered company, a clear written policy for how a developer 
     can appeal the removal of an application from the application 
     store and have the application be reinstated.

     SEC. 1094. LIST OF FOREIGN COUNTRIES WITH NATIONAL LAWS 
                   RESULTING IN GOVERNMENT CONTROL OVER 
                   APPLICATIONS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of the Treasury and the Secretary of Commerce shall jointly 
     develop and submit to Congress a list of each foreign country 
     that has in effect a national law that may subject a 
     developer or application to control by the government of the 
     country over content moderation, algorithm design, or user 
     data transfers.
       (b) Publication.--With respect to the list developed under 
     subsection (a)--
       (1) the Secretary of the Treasury shall make the list 
     publicly available on the website of the Department of the 
     Treasury; and
       (2) the Secretary of Commerce shall make the list publicly 
     available on the website of the Department of Commerce.

     SEC. 1095. LIMITATION OF ENFORCEMENT AND REGULATION.

       The Assistant Secretary of Commerce for Communications and 
     Information may not exercise any enforcement authority or 
     regulatory authority over a covered company or developer that 
     is not provided under this subtitle, including through 
     rulemaking.

     SEC. 1096. ENFORCEMENT.

       The Attorney General may bring a civil action in an 
     appropriate district court of the United States against any 
     covered company that violates this subtitle.
                                 ______
                                 
  SA 280. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 2226, to 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title X, insert the following:

     SEC. 10__. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON 
                   USE OF ALTERNATIVE CREDIT SCORING INFORMATION 
                   OR CREDIT SCORING MODELS.

       (a) Pilot Program Required.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall commence carrying out a pilot program that will assess 
     the feasibility and advisability of--
       (A) using alternative credit scoring information or credit 
     scoring models using alternative credit scoring methodology 
     for an individual described in paragraph (2)--
       (i) to improve the determination of creditworthiness of 
     such an individual; and
       (ii) to increase the number of such individuals who are 
     able to obtain a loan guaranteed or insured under chapter 37 
     of title 38, United States Code; and
       (B) in consultation with such entities as the Secretary 
     considers appropriate, establishing criteria for acceptable 
     commercially available credit scoring models to be used by 
     lenders for the purpose of guaranteeing or insuring a loan 
     under chapter 37 of title 38, United State Code.
       (2) Individual described.--An individual described in this 
     paragraph is a veteran or a member of the Armed Forces who--
       (A) is eligible for a loan under chapter 37 of title 38, 
     United States Code; and
       (B) has an insufficient credit history for a lender or the 
     Secretary to determine the creditworthiness of the 
     individual.
       (3) Alternative credit scoring information.--Alternative 
     credit scoring information described in paragraph (1)(A) may 
     include proof of rent, utility, and insurance payment 
     histories, and such other information as the Secretary 
     considers appropriate.
       (b) Voluntary Participation.--
       (1) In general.--The Secretary shall ensure that any 
     participation in the pilot program is voluntary on an opt-in 
     basis for a lender, a borrower, and an individual described 
     in subsection (a)(2).
       (2) Notice of participation.--Subject to paragraph (3), any 
     lender who participates in the pilot program shall--
       (A) notify each individual described in subsection (a)(2) 
     who, during the pilot program, applies for a loan under 
     chapter 37 of title 38, United States Code, from such lender, 
     of the lender's participation in the pilot program; and
       (B) offer such individual the opportunity to participate in 
     the pilot program.
       (3) Limitation.--
       (A) In general.--The Secretary may establish a limitation 
     on the number of individuals and lenders that may participate 
     in the pilot program.
       (B) Report.--If the Secretary limits participation in the 
     pilot program under subparagraph (A), the Secretary shall, 
     not later than 15 days after establishing such limitation, 
     submit to Congress a report setting forth the reasons for 
     establishing such limitation.
       (c) Approval of Credit Scoring Models.--
       (1) In general.--A lender participating in the pilot 
     program may not use a credit scoring model under subsection 
     (a)(1)(A) until the Secretary has reviewed and approved such 
     credit scoring model for purposes of the pilot program.
       (2) Publication of criteria.--The Secretary shall publish 
     in the Federal Register any criteria established under 
     subsection (a)(1)(B) for acceptable commercially available 
     credit scoring models that use alternative credit scoring 
     information described in subsection (a)(1)(A) to be used for 
     purposes of the pilot program.
       (3) Considerations; approval of certain models.--In 
     selecting credit scoring models to approve under this 
     section, the Secretary shall --
       (A) consider the criteria for credit score assessments 
     under section 1254.7 of title 12, Code of Federal 
     Regulations; and
       (B) approve any commercially available credit scoring model 
     that has been approved pursuant to section 302(b)(7) of the 
     Federal National Mortgage Association Charter Act (12 U.S.C. 
     1717(b)(7)) or section 305(d) of the Federal Home Loan 
     Mortgage Corporation Act (12 U.S.C. 1454)(d)).
       (d) Outreach.--To the extent practicable, the Secretary 
     shall conduct outreach to lenders and individuals described 
     in subsection (a)(2) to inform such persons of the pilot 
     program.
       (e) Report.--
       (1) In general.--Not later than two years after the date of 
     the enactment of this Act, the Secretary shall submit to 
     Congress a report on the pilot program.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include the following:
       (A) The findings of the Secretary with respect to the 
     feasibility and advisability of using alternative credit 
     scoring information or credit scoring models using 
     alternative credit scoring methodology for individuals 
     described in subsection (a)(2).
       (B) A description of the efforts of the Secretary to assess 
     the feasibility and advisability of using alternative credit 
     scoring information or credit scoring models as described in 
     subparagraph (A).
       (C) To the extent practicable, the following:
       (i) The rate of participation in the pilot program.
       (ii) An assessment of whether participants in the pilot 
     program benefitted from such participation.
       (D) An assessment of the effect of the pilot program on the 
     subsidy rate for loans guaranteed or insured by the Secretary 
     under chapter 37 of title 38, United States Code.
       (E) Such other information as the Secretary considers 
     appropriate.
       (f) Termination.--
       (1) In general.--The Secretary shall complete the pilot 
     program required by subsection (a)(1) not later than 
     September 30, 2027.
       (2) Effect on loans and applications.--The termination of 
     the pilot program under paragraph (1) shall not affect a loan 
     guaranteed, or for which loan applications have been received 
     by a participating lender, on or before the date of the 
     completion of the pilot program.
       (g) Insufficient Credit History Defined.--In this section, 
     the term ``insufficient credit history'', with respect to an 
     individual described in subsection (a)(2), means that the 
     individual does not have a credit record with one of the 
     national credit reporting agencies or such credit record 
     contains insufficient credit information to assess 
     creditworthiness.
                                 ______
                                 
  SA 281. Mr. SCOTT of South Carolina submitted an amendment intended 
to be proposed by him to the bill S. 2226, to 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place in title XII, insert the 
     following:

[[Page S2444]]

  


     SEC. 12__. REPEAL OF SUNSET OF IRAN SANCTIONS ACT OF 1996.

       (a) Findings.--Congress makes the following findings:
       (1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50 
     U.S.C. 1701 note) requires the imposition of sanctions with 
     respect to Iran's illicit weapons programs, conventional 
     weapons and ballistic missile development, and support for 
     terrorism, including Iran's Revolutionary Guards Corps.
       (2) The Government of Iran has acquired destabilizing 
     conventional weapons systems from the Russian Federation and 
     other malign actors, and is funneling weapons and financial 
     support to its terrorist proxies throughout the Middle East, 
     threatening allies and partners of the United States, such as 
     Israel.
       (b) Statement of Policy.--It is the policy of the United 
     States to fully implement and enforce the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (c) Repeal of Sunset.--Section 13 of the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is 
     amended--
       (1) in the section heading, by striking ``; sunset'';
       (2) by striking ``(a) Effective Date.--''; and
       (3) by striking subsection (b).

                          ____________________